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Seanad Éireann díospóireacht -
Tuesday, 9 Jul 2013

Vol. 224 No. 10

Order of Business

The Order of Business is No. 1, motion re the Electricity Regulation Act 1999 (Restricted Electrical Works) Regulations 2013, to be taken at the conclusion of the Order of Business, without debate, and No. 2, Land and Conveyancing Law Reform Bill 2013 - Second Stage, to be taken at the conclusion of No. 1 and conclude not later than 5.45 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 on to reply not later than 5.35 p.m.

I propose an amendment to the Order of Business, to delete No. 2, because so far the Leader and the Government have refused permission to allow the Seanad to discuss the revised code of conduct on mortgage arrears. In the absence of that discussion and in the absence of taking that document seriously, the repossession Bill which the Government is putting forward is an outrage. It is about time some people in Fine Gael and the Labour Party started to examine their consciences on that Bill, because it will directly allow approximately 71,000 family homes to be repossessed. We estimate the number of arrears cases to be 142,118, about half of which will be open to repossession under the code of conduct on mortgage arrears and under the Bill, which will revise the Dunne judgment.

It is interesting to note that the Dunne judgment is still before the Supreme Court and instead of legislating for that case the Government is legislating against it. We need a full debate on the code of conduct long before we come to the repossessions Bill. It is two years since the Family Home Bill, proposed by Senator Marc MacSharry and me, was introduced. At the time the Minister of State at the Department of Finance, Deputy Brian Hayes, promised that action would be taken within months but instead what we have been told is that time and again the banks have been asked what they want and have been told they will be accommodated.

That is the Government's attitude to the repossession of family homes. It is a wrong attitude, however, and will have serious consequences for families in Ireland once the House passes the measure, as presumably it will. The Government parties have not examined their conscience on the issue, so it will become law and the repossessions will start. The banks will then have what they want. That is my proposal on the Order of Business.

There is a second issue on which we need to have a debate here. Time and again, the Taoiseach has alleged in the Dáil that the file on the bank guarantee in the Department of the Taoiseach has been, and I quote him, "shredded", "disposed of" or "dispatched with". It would be important for this House to examine the Taoiseach's words and other similar allegations he has made, particularly concerning the file that does exist in his Department, and the list of documents that Fianna Fáil received from that file.

The Taoiseach says one thing, while on the other hand a freedom of information request proves that there is quite a large file in his Department. That discrepancy requires a full debate here. We need to know what the position is with the file, why the Taoiseach makes these allegations or seems to be unaware of what the position is in his Department, when the freedom of information section is able to find a complete file there on the matter. The public deserves a full debate and the House should have such a debate.

This is a particularly busy week with six pieces of legislation before the House. The Leader will respond to Senator Byrne's comments about the proposed amendment to the Order of Business. This afternoon, however, we will be dealing with the Land and Conveyancing Law Reform Bill, which will offer an obvious opportunity for colleagues to debate the revised code of conduct on mortgage arrears. Indeed, I am sure many people will be referring to that at length in the course of their speeches. It is not helpful to hear Fianna Fáil scare-mongering about the number of repossessions, however. It is a typical tactic to distract people from the fact that Fianna Fáil sleep-walked us into a situation where so many people are in the desperate situation of mortgage arrears.

We stopped repossessions under our original code of conduct.

Senator Bacik without interruption.

A particular court judgment stopped that. It was nothing to do with Fianna Fáil.

Our code of conduct held them up before that.

Senator Bacik without interruption.

It is deeply hypocritical of Fianna Fáil to claim some sort of ownership for stopping repossessions when, in fact, it created the situation we are currently in.

I commend the Minister for Social Protection, Deputy Joan Burton, on yesterday's initiative in introducing the JobsPlus plan to take 2,500 people off the live register through a system of incentives for employers. There are many models for this plan elsewhere. We have debated this issue here before and colleagues have spoken about the German policy whereby the car industry is subsidised through the payment of part-time wages to workers during periods of downturn in the sector. We can see that working in other countries, so it is important to introduce a similar model here. The Minister's new plan is commendable and welcome, and will offer a real boost for the long-term unemployed. I ask the Leader to arrange a debate on that plan when we come back in the autumn to see how it is working and what outcomes are being achieved.

Following further revelations from the Anglo Irish Bank tapes at the weekend, I am glad we will be debating Second Stage of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill tomorrow. That Bill, which is being introduced by the Minister for Public Expenditure and Reform, Deputy Howlin, will provide the opportunity that Mr. David Drumm appears to seek, namely, to answer questions in public and give an account of his actions. It would be welcome to see that being done before an Oireachtas committee of inquiry. It is all very well granting interviews to chosen interviewers, but it would be good to see an Oireachtas inquiry up and running with individuals giving evidence before it.

I also wish to ask the Leader for a debate on medical expenses. Earlier today, I attended a briefing by the Irish Society of Chartered Physiotherapists, as did many colleagues. The society put forward a strong case for a change in the law on reimbursement of medical expenses. The Department of Health is supportive of that initiative that physiotherapy should be included as a reimbursable medical expense.

I salute Pope Francis I, who is emerging as one of the great figures of the 21st century.

I say that because on his first journey outside Rome he recognised the plight of the people in desperation from north Africa trying to make it to "Fortress Europe". It was a dangerous position for a Pope to take. He will be opposed by all the right-wing governments in northern Europe, but I found it very moving that he celebrated mass on one of those pathetic little boats and spoke up for those marginalised people. However, I am a little worried about the representative here because he is in a difficult position and I hope this Pope will be able to sort it out. I refer to the Papal Nuncio, Monsignor Brown, who despite the sound of the name is of German, not Irish extraction, which might explain some of the rigidity. I do not think he distinguished himself in Dundalk. He sailed very close to the wind when he intervened on the abortion issue. I would like to ask the Leader whether he could request information for me from the Department of Foreign Affairs. Does the Papal Nuncio have a unique position among ambassadors to this country so that he alone is permitted to intervene in the domestic affairs of the country to which he is accredited? No other ambassador would presume to do so. He does not even provide the historical context of his own church, because we know now, thanks to an excellent piece of historical research by Patsy McGarry in The Irish Times, that the position of the Roman Catholic Church up until 1869 - in other words for nearly 2,000 years - was that abortion was completely permissible under canon law up to the 166th day which is when the church had calculated that ensoulment took place and the child was “quickened” to use the terminology. The recent authoritarian restrictions on every form of abortion, even in life saving circumstances, in cases of fatal foetal abnormality or as the result of incest or rape are very new and must be challenged.

I wish to salute one of our judges in the High Court who peremptorily dismissed the impertinent request from the United States of America, with no evidence whatever, that it should extradite Mr. Snowden. People should really appreciate what the United States is doing and the alarming fact that there is no difference between Mr. Bush and Mr. Obama except for the fact that he is black, he speaks well and he looks nice. Apart from that, he is exactly the same. He has increased tenfold the number of drone attacks, suspended habeas corpus and ridden roughshod over international law, and I would say again-----

Does Senator Norris have a question for the Leader?

Yes. Would the Leader please write on our behalf to the Swedish Academy to ask it to withdraw the Nobel Prize it gave without evidence – to use the current phrase – to Mr. Obama before he had been tried, while he was on probation? He has now shown himself to be in the same class as Mr. Bush and I think it should be-----

Is that relevant to the Order of Business?

It is absolutely. It is relevant to the world. The academy should take back the Nobel Prize and give it to Mr. Snowden for letting us know what is happening in these murky areas.

I will start by making a brief comment on the proposed amendment to the Order of Business. The debate will be held this afternoon. It is all very fine to pretend we are King Canute but the reality is that to have a legal system where the lender cannot have recourse to the charged asset is nonsense. The Opposition should take into account that we have introduced personal insolvency legislation in this country, which the previous Government did not, to allow people who are in-----

And it privileges the banks too.

-----a situation where their family home will be repossessed to have real options to be able to retain it. I agree with my colleague, Senator Bacik, that it is wrong to put out the charge that there will be hundreds of thousands of repossessions if we introduce the legislation.

I said there will be 71,000.

However, we will have the debate later this afternoon.

I wish to praise the Ombudsman, Emily O’Reilly, for raising the plight of asylum seekers in direct provision. I and colleagues on the Opposition benches have raised the matter as well. Unfortunately, to date, we have seen no positive action in this area. Others have also commented on this appalling situation, for example, Geoffrey Shannon, the special rapporteur for children. The reality of the matter is that one in every three asylum seekers spends longer than three years in direct provision and one in ten spends longer than seven years.

There are families living in direct provision who have never had the opportunity to cook a family meal. It is outrageous. The point was made previously in our discussions on the Magdalen laundries that we should be conscious in this country of not looking behind the high walls. I ask that the Leader provide time for a debate at the earliest opportunity on the issue of direct provision.

I rise to ask the Leader for an urgent debate on the rural transport restructuring programme announced this morning by the Minister of State, Deputy Kelly. I have known the Minister of State for a long time and have always found him to be very affable and a decent man. However, something has gotten to him. I am not sure whether it was Brussels or his new portfolio but he is not thinking clearly in terms of what he is proposing to do.

There are currently 35 programmes operating countrywide, from Donegal along the west coast to Cork, Kerry and so on, under the rural transport scheme. By and large, the scheme has been a huge success. It should be realised that approximately 2.5% of the national budget for transport is allocated to rural transport initiatives. By way of example, the west Cork transport scheme has been in operation for 11 years. It has its own bus fleet provided in the main by way of funding from the scheme's own lottery system, charity events and so on. The lottery system has successfully subvented the programme for many years. A commitment was given that any of the rural transport companies that had their own fleet would not be interfered with under this new system.

The rural transport scheme in west Cork - I am sure this is replicated across the country - also operates a cancer connect system. Under this system, people in areas such as the Beara Peninsula, Schull, Bantry and so on who have cancer and require hospital treatment such as radiotherapy, chemotherapy and so on are transported free of charge on a daily and weekly basis to Cork University Hospital and other hospitals. In addition, approximately 30 to 40 retired bus drivers, gardaí and so on have volunteered their services to support this system.

The Minister of State is now proposing that the number of schemes be reduced to 18 or 17 and that they be administered by the local authorities, which is crazy. As I have said previously, the local authorities have difficulty even filling potholes never mind taking on responsibility for local transport schemes that are run and working well. I will go a step further and propose an amendment to the Order of Business that the Minister of State, Deputy Kelly, come to the House today to explain in detail the reason he is dismantling a very efficient scheme that has proven itself beyond reasonable doubt. There may be schemes in Ireland that are not operating as well as those in Donegal, west Cork and the west of Ireland but the Minister of State should not be throwing out the grain with the chaff. I urge him to come to the House today to explain this proposal and to rethink it so as not to do damage to a wonderful scheme that is operating successfully in rural Ireland.

Senator Coghlan.

I was not sure which Senator Coghlan was being called. The Cathaoirleach may recall that last week a Senator - I think it was Senator Thomas Byrne - quoted Senator Coghlan but did not clarify whether it was Senator Paul Coghlan or Senator Eamonn Coghlan.

I was quoting Senator Eamonn Coghlan.

People were looking at me as though I had accused the Taoiseach of deciding an issue over a pint in a pub.

With respect to the Acting Leader of the Opposition, we are wasting time. What is proposed deals with mortgages, title, registration thereof and so on. The code of conduct is an integral part of this. As stated by Senator Bacik, all of this discussion could take place this evening. In my view, thousands of people will not be affected. Hundreds of people may be but we do not yet know that. With respect, let us wait and see.

It is too late for them already.

It is not, with respect. There is due process in this country. This is a constitutional little republic. We will not do anything rash like that. There will not be thousands of people put out of their homes.

The Government is making fair inroads into the Constitution already. It is trying to get rid of one part of the Oireachtas.

The Senator, without interruption.

I will have to discuss that with Senator O'Sullivan elsewhere. I am sure we will manage to do that. The Leader is right. He cannot accept this amendment because we would be putting off until later what can usefully be debated this afternoon.

I welcome the success of the incorporation of the Orange Order march in Donegal last Saturday into The Gathering and the success of the event. The Grand Master of the Orange Lodge of Ireland, Edward Stevenson, told the crowd it was "extremely pleasing" the authorities in the Republic had incorporated the Rossnowlagh event into The Gathering. I gather it is the first time it has happened and the occasion was extremely successful. Mr. Stevenson went on to say: "We trust those in the corridors of power in Dublin will continue to recognise and value the contribution of the minority Protestant community to the wider society in the Republic of Ireland." This is an opportunity to commend the Leader who brought those leaders to this House and created the atmosphere that has been so improved upon by the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, and the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan. This is something we should continue.

I have just received a copy of Dr. Pauline Holland's history of east Donegal. She says it is the only part of Ireland where three national languages are spoken, Irish, Ulster-Scots and English. The purpose of the book and its associated art project is to advance the peace process by bringing these languages and their associated cultures in contact with each other. The EU is involved through the PEACE programme and so is Donegal County Council. Members of the Assembly in Belfast, on both the Unionist side last week and the Nationalist side today, have again asked that we not persist with the abolition of this House, because it is a way in which people in Northern Ireland participate in the Oireachtas. Even at this late stage I ask the Leader to communicate that to the Taoiseach. Is it an unwitting or unintended consequence that at a time the Leader of the House and the people in Donegal are so successfully promoting better relations, we are cutting asunder people whose help and support we need to make this a better island?

I welcome the introduction of the JobsPlus scheme which was announced yesterday by the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, and the Minister for Social Protection, Deputy Joan Burton. This will be a great boost for employers in small and medium-sized enterprises who are financially stretched but are anxious to take on extra employees. It will also be a great help to those who are long-term unemployed to get back into insurable employment.

Today, I speak on behalf of the survivors of the barbaric medical procedure called symphysiotomy. These women have waited a long time for the publication of the Walsh report. There were great expectations that the report was to be published today, but there appears to be no move on it by the Minister's office. These women are not getting any younger. They need help now. I ask the Leader to advise the Minister for Health that this House demands the publication of the Walsh report without further ado and that the Minister come to the House to debate the findings of that report with the Members.

Will the Leader invite the Minister of State at the Department of Transport, Tourism and Sport, Deputy Alan Kelly, to the House? I heard him say on the radio news that he is of the opinion that his proposals will enhance rural transport and provide it in places that have never had a rural transport scheme. Perhaps he would come to the House, when he gets a chance, to outline his proposals and how he believes they will benefit the people of rural Ireland.

First, I wish to comment on Greece and the troika programme, given that the troika is back in Ireland this week to examine our priorities for budget 2014. The troika has set the Greek Government some new homework, including concrete steps to crack down on its health care spending. Under the terms of the bailout, for example, the Greek Government is required to lay off 4,000 public sector workers by the end of the year.

The issue I wish to raise is the budget 2014 priorities for this country.

It is remarkable that the Government will be discussing with the troika the details of the forthcoming budget before they are debated in the Oireachtas. Fine Gael and the Labour Party promised to reform the budget process and in this context it is stated in the programme for Government that, "We will open up the budget process to the full glare of public scrutiny in a way that restores confidence and stability". However, we are heading towards the introduction of the Government's third budget with the same absence of public scrutiny that was the hallmark of the previous Administration.

In view of the fact that representatives from the troika are here again to scrutinise our public finances and examine the details relating to the budget to be introduced in October, will the Leader arrange a debate on the Government's commitment to reform the budget process? Will he also ensure that, if possible, the House will commence its debates on the budget now in order that we might inform the budgetary process? The budget is being introduced earlier this year - in October as opposed to December - and it is important that we should be in a position to comment on the type of budget which this House and the Oireachtas in general wants put in place in order to stimulate the economy, get people back to work and give hope to households and local communities. The Unite trade union is holding a pre-budget conference later in the week. If these are the dying days of the Seanad, it is important that the House should inform the budgetary process and be seen to be relevant and functional. I would welcome it if the Leader could bring a relevant Minister before the House in order to discuss the budget and the negotiations taking place with the troika in respect of our priorities. Will he prioritise my request and ensure that such a debate is held prior to the summer recess?

I welcome the JobsPlus initiative announced yesterday by the Minister for Social Protection, Deputy Burton, and the Minister for Jobs, Enterprise and Innovation, Deputy Bruton. This is a very progressive scheme which will hopefully encourage many employers to take on additional staff. It will also give hope, courage and confidence to those who have been unemployed for a long time. I accept that it is a pilot scheme restricted to 2,500 places but I hope that if it proves successful, it will be expanded and that many additional people will be taken on in the months ahead. I ask the Leader to arrange a debate with the Minister for Jobs, Enterprise and Innovation on the jobs initiative in order that he might provide an update on his plans and proposals and the number of commitments in the programme for Government which have been met.

I strongly support Senator Hayden's call for a debate early in the next session on direct provision. I have met many people who have lived in direct provision for quite a number of years. Such provision was a temporary arrangement designed to deal with a crisis situation but in many instances people are living in inhuman conditions. This is one of the awful legacy issues we inherited from the previous Administration. We have resolved many difficult issues in the past two and a half years. That to which I refer is one which cannot be allowed to fester for much longer. This has the potential to become the human rights issue of our time and the Government has a responsibility to resolve the matter as quickly as possible.

I welcome the fishing industry safety package announced yesterday by the Minister for Transport, Sport and Tourism, Deputy Varadkar, and the Minister for Agriculture, Food and the Marine, Deputy Coveney. This is a multifaceted, cross-agency initiative which will hopefully lead to lives being saved. Sadly, it has come too late for those who lost their lives in recent years.

I wish to propose an amendment to the Order of Business to the effect that the Minister for Health should come before the House to discuss SI 325 - European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012. I attended the Irish Kidney Association's annual general meeting earlier this year and I am aware that the association is dissatisfied at the manner in which this statutory instrument was introduced and the lack of consultation in respect of it. I ask the Leader to arrange for the Minister for Health to come to the House today to discuss the matter.

I second Senator Byrne's amendment to the Order of Business. On the matter to which he referred and the comments made by colleagues opposite, the Anglo tapes appear to indicate certain things with regard to who was calling the shots many years ago. The Minister for Justice and Equality, Deputy Shatter, came before the House to debate what has become the Personal Insolvency Act and he would not - despite numerous questions put to him by myself and others - outline the discussions that were held with the banks or indicate the amendments sought by the latter in respect of that legislation.

Effectively, the banks wrote the legislation. It is entirely in favour of the banks.

That is nonsense.

We are seeing the code of conduct being amended to suit the banks.

Senator, have you a question for the Leader?

There is no protection in it for the mortgage holders and those in distress. I call on the Leader to facilitate the request of my colleague, Senator Byrne, for an amendment to the Order of Business to discuss the issue. The game goes on and the people writing the legislation are not the legislators. The Minister would not outline what changes he has allowed to be made to the legislation following the lobbying by the banks. That is an appalling abuse of the parliamentary process by the banks. If we wanted openness and transparency, then the Minister would be able to tell us what the legislation looked like before the banks got hold of it and what it looked like afterwards.

I echo the calls made earlier for the media publication of the Walsh report. I have raised this matter on a weekly basis for the past two years. I hope that the Minister will publish the report and urge him to do so before we break for summer recess.

I congratulate an initiative spearheaded in County Louth by two Dundalk Institute of Technology research centres. It was named recently as one of the top projects in Europe at a European Union award ceremony for active and healthy ageing practices. As many Senators know, County Louth is the age-friendly county. The Dundalk Institute of Technology and two associated centres, the Netwell Centre and CASALA, have been doing major innovative work in the area of age-friendly initiatives.

The DKIT based Netwell Centre and CASALA along with University College Cork got together for a collaboration on ageing. Theirs was among 32 initiatives to be named as the reference site by the Commission, but only one of 13 to receive three star status. These awards have been referred to as the Oscars for innovation. COLLAGE and other recipients are paving the way for age-friendly initiatives. I congratulate the directors of the Netwell Centre and CASALA on their success and on their aims to continue to work to reduce the average healthy life-span of a European by two years by the year 2020.

I call on the Leader to assure us that there will be no guillotine on the Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill. Committee Stage is scheduled to commence tomorrow. I gather the Leader has already said that he will allow for a full debate but I wish to be assured that this is the case.

Recently, we held a debate in the House on defibrillators. I was impressed to receive a letter yesterday from St. Conleth's school. Gavin Maguire is the man who organised it. He organised a walk to Glendalough for his students. Unfortunately, one of his students, a young man called Neil Quinlan, died and they were unable to revive him. Then, the students got together to see whether they could raise money for defibrillators. They raised money for four defibrillators by going on a walk, called the Neil Quinlan walk, to Glendalough. They organised money for four defibrillators, one of which is in Glendalough, one is in Killarney, one is in Knockree and the last is in Errigal, County Donegal.

What jolted them was that they had to pay VAT of €919, which would almost have bought another defibrillator. It seems such a scandal. Earlier this year, there was a fuss about the high cost of some drugs but the Minister was able to organise to get VAT negotiated. We have introduced legislation and it has taken a first step. If ever there was a case for defibrillators, it would be a shame if we do not do something about the associated VAT. Someone will tell us that it is an EU issue and that we cannot address it here but I am sure it is possible to do something. I urge the Leader to see what he can do to urge the Minister for Finance to make an exclusion for defibrillators. If we are to have them in future, then to spend money like that when it is saving lives is something to which we should have a different attitude.

In recent days more than 600 young people who qualified with a medical degree started working in Irish hospitals. I am sure everyone joins me in wishing them well in their future careers. I hope most of their careers will be in Ireland and not in other countries. I welcome that the Minister for Health has announced that by November he hopes to have in place more structured contracts for junior doctors. Having more than 2,000 junior doctors on six-month contracts is not helpful to the system. I urge the HSE to work with all the training bodies to deal with this complex issue which has been left to run for the past ten to 15 years.

I also welcome the Minister's decision on new structures for the hospital system with boards of management managing a number of hospitals in different regions. We should have a debate on the matter in the next term to ensure we are familiar with the structure and that the structure operates.

I second Senator O'Donovan's amendment to the Order of Business.

I join colleagues in welcoming yesterday's announcement of the JobsPlus pilot scheme. I hope it is a success even though it starts with relatively low numbers of just 2,500. I commend everybody involved in the JobBridge scheme, which has been very successful to date even though there are some anomalies. People have been provided with work experience from educational establishments such as the new educational and training boards. Even though some people have only worked for a number of months on the scheme, they find themselves laid off during the summer months because the schools are closed for the summer holidays or the offices are not operating to full capacity during the summer. This is regrettable. Schools still need to be maintained even though the students are not present. Painting and other summer work schemes need to take place. I ask the Minister to look at that anomaly regarding educational establishments because several hundred people have been laid off over the summer months even though they have not completed their placements.

I agree with what Senator Quinn said about defibrillators. Some mechanism should be introduced to avoid having to pay VAT on these essential pieces of equipment that can save lives.

Like others, I welcome the JobsPlus initiative announced in recent days by the Ministers, Deputies Bruton and Burton. I championed this cause in this House and at the Oireachtas Joint Committee on Jobs, Enterprise and Innovation on numerous occasions. That was acknowledged by the Minister, Deputy Bruton, and by the Chairman of the committee today. Whereas self-praise is no praise, I point out to those who see no value in this House that this is another example of where we have been proved to be effective. When I raised the issue in this House I got cross-party support and it is now being rolled out on a pilot basis.

That is an achievement for the Seanad.

I also asked the Minister whether the JobsPlus plan has any negative impact on other incentives to employ people, such as the tax incentives and enterprise board employment grants. I am glad to say that it does not. It is a major boost particularly for employers in rural areas to have these packages to take these people off the live register.

Again, I am delighted that that idea originated in this House.

I disagree with Senator Kelly. I had always heard that self-praise was the best praise because it comes from the heart.

I am one of those people who do not like to see the undeserved attention being lavished in recent days on an organisation called Exit International, which seeks to promote euthanasia-----

-----run workshops and so on to help people end their lives in circumstances where they are in pain, suffering or very often in fear. I would contrast the approach of such organisations with the wonderful work being done by the hospice movement. We frequently see that it is the people in the hospice movement who are involved in the giving in hospice care who are most opposed to the despairing approach being promoted by organisations such as Exit International. Euthanasia rather perversely comes from the words "good death". For many years in Ireland people were encouraged to pray for a happy death. A happy death and a good death is a death where pain is well managed and loved ones are present.

It is one of the tragedies of this country that appropriate hospice care is still not available to thousands of people. Approximately 2,500 people are deprived of the hospice care they need each year. For our population we should have approximately 450 hospice beds; we have about one third of that in operation. It is not just about inpatient beds. It is about all the services the hospice can provide including home care, outpatient day care and respite. Where there is good and effective hospice care many people would have-----

Is the Senator looking for a debate on this issue?

Yes. I am asking for a debate on hospice care and specifically on the funding for hospice care. The latest report, Access to Specialist Palliative Care Services and Place of Death in Ireland, documents the issues very well. I do not have the figure to hand but it mentions that of the €78 million designated for specialist palliative care, about €4.5 million of that is unaccounted for as against regional service plans. It would be a good idea to have the Minister in the House to discuss the Government's plans for hospice care. I know the Taoiseach gave certain commitments to Galway hospital some years ago-----

The Senator is over time.

-----which I hope have been honoured by now but we need to see much more consistent care for people in hospices throughout Ireland.

On a point of information and order-----

One can be sure it will be a point of disorder.

If Senator Walsh shuts up I would get it made.

Senator Norris, what is the point of order?

On a point of order, disorder and information, would Senator Mullen be kind enough, through the Leader, to circulate the details of Exit International because I will certainly be joining it?

Senator, that is not a point of order. I call Senator Brennan.

I congratulate him because having spent a lifetime of political activity trying to control people's lives-----

Senator Norris, please resume your seat. I call Senator Brennan.

-----he is now trying to control their deaths as well. He can hump off as far as I am concerned.

I refer to the short stay visa waiver programme. I welcome the significant growth in the number of trips to Ireland from countries covered by the short stay visa waiver programme, which was launched on 1 July two years ago. Provisional figures indicate that the number of visits in 2012 by persons from the 17 countries covered by the programme was 38% higher than in 2010. I remind Members that the programme allows visitors in possession of a UK visa to travel on to Ireland without the need to apply for a separate visa. I welcome the decision of the Government in March last year to extend the programme until the end of October 2016. This initiative has a positive impact on the Irish economy and augurs well for tourism and jobs in this industry for many years to come. I note also that the Minister is looking to expand this programme to cover additional countries. This initiative is a wonderful success and I look forward to its continued success for many years to come, with many more visitors coming to our island.

I welcome the statement made today by the Chief Justice with regard to the need for ethics in corporate governance. It is welcome and I ask the Leader to consider having a debate on the matter. We can all see the difficulties, and ongoing revelations in the newspapers show the dearth of ethics particularly in the banking sector, although this also applies in other sectors of business. I do not necessarily agree it is either-or when it comes to ethics and profit. The directors and employees of companies have an obligation to shareholders and their returns, because this is what drives the engine of the economy and a business.

Companies also have a responsibility to their employees, the customers without whom they would not be able to operate successfully, and the wider community. Often this is relegated to almost insignificance. Morality and ethics are fundamental to any operation, including politics and the administration of our public services to ensure we do not waste taxpayers' money. In the Houses in the coming days we will face a challenge as to where we stand on ethics and morality with regard to the abortion legislation which is fundamental to human life. Businesses and politicians face challenges and if we reflect and think about this it will do us good. I very much welcome the statements by Catholic Church leaders in recent weeks regarding the legislation. They did this knowing they would be criticised by anti-Catholic bigots, and of course this will happen, but the courage they have shown sets an example for us-----

The Senator is over time.

-----when it comes to voting on this terrible legislation, which unfortunately has been introduced by the Government.

I associate myself with some of the comments of Senator Mullen, those which called for an increase in investment in hospice beds. Some of us have the sad duty sometimes of giving people very bad news. The hospice provides a wonderful source of comfort and solace for people, which some, but not all, patients will choose in the final phase of life's journey. What is fairly horrific is if a person makes this choice but a bed is not available. I do not want to make any jokes about the length of the waiting list for the hospice, but people can get some idea of where I would go if I were to do so. Will the Leader bring to the Minister's attention the rather stark figures which I mentioned a few weeks ago and which Senator Mullen correctly pointed out today?

A frustration of being a backbench Independent Senator is the limited number of legislative initiatives one can make by virtue of scheduling. I was very concerned to read today a report by Ms Nessa Childers, MEP, who has done a very good job in outlining the pressure which MEPs come under from the tobacco industry. What is very obvious with regard to the forthcoming attempts to change tobacco regulations at European level, and should be considered if we ever intend doing it here, is the massive imbalance in the muscle and financial power available to the tobacco lobby and that available to health advocacy groups. It is estimated the number of health advocacy groups with direct access to MEPs is two, whereas at least 100 people who are registered act on behalf of the tobacco industry at European Parliament level. There is a huge variation in the degree of compliance of European parliamentarians with the United Nations recommendations, which we discussed previously in the context of the unfortunate meeting the Taoiseach and two senior Ministers had with the tobacco industry. We need to blaze another trail internationally on tobacco control by introducing in the House legislation which would make it illegal for any tobacco company to have any contract with any advertising or public relations agency. Will the Leader ask the Minister to schedule a debate or launch an initiative in this regard?

It is fitting to ask that when we speak about life and death matters, be it abortion or euthanasia, we be very tempered in the language we use, knowing our words affect others.

All I ask for is tolerance and respect. Clearly, Senators are coming from different starting points. That is fine, but let us be careful about the language we use.

Will the Leader ask the Minister for Education and Skills, Deputy Quinn, to make a statement on the urgent issue of resources for children with Down's syndrome? They are in our schools and have been classified as having mild learning difficulties, which is the intellectual classification, but they have additional needs in terms of speech, movement, etc. Parents are concerned. This is happening in every county, including Galway. Before we go into recess, parents need to know where they will stand in September.

After the general allocation model came into being approximately five years ago, children with Down's syndrome were stripped of their specialist teaching resource hours. As a result, they have been disadvantaged. Education is a right and there must be a level playing field. This is what equality of opportunity means in terms of education provision. The Minister must man up before the summer recess. We might only need one hour for the debate, but it would be worthwhile.

Déanfaidh muid go léir comhghairdeas le Emily O'Reilly an tseachtain seo caite tar éis a ceapacháin mar Ombudsman Eorpach.

Last week, we celebrated the election of Ms Emily O'Reilly as the European Ombudsman. It is interesting that, this morning, she launched Studies: An Irish Quarterly Review, in which she wrote the lead article, entitled "Asylum Seekers in our Republic: Why Have We Gone Wrong?" Today, she intimated her frustration - these are my words - with the way direct provision has been handled and the situation for those asylum seekers in direct provision. She outlined a number of legal issues with the system and the lack of oversight.

As Ms Justice McGuinness put it, some future Government should not find itself in the same position as this Government, which needed to apologise and recompense people in respect of the Magdalen laundries. A future Government should not need to recompense people in direct provision. We need an urgent debate on direct provision, possibly as soon as we resume. We must examine all of the aspects, including the legal situation, and determine how to redress the situation so that people who validly or invalidly seek asylum are treated properly.

Senator Byrne proposed an amendment to the Order of Business regarding the code of conduct on mortgage arrears. As the Deputy Leader mentioned, we will have ample time to discuss the code in the context of the Land and Conveyancing Law Reform Bill, which will be before the House this afternoon. I am sure that it will also be discussed when the Oireachtas inquiries Bill will be before the House.

Senator Bacik referred to the JobsPlus plan, which was announced in Waterford yesterday. It is an excellent plan to tackle long-term unemployment, as it cuts out the red tape and gives €10,000 to each employer who takes on for one or two years people who are on the live register. The Government is responding. Senator Wilson outlined the success of JobBridge, but also pointed out anomalies. There will be anomalies in every scheme, but JobsPlus is a result of listening to people like Senator Kelly, heeding debates such as the Seanad's on the jobs action plan and responding to the needs of employers and everyone else.

I am sure it will succeed. It has been welcomed by employers and people who are unemployed. It is certainly a new step on the road to tackling the scourge of long-term unemployment which we face.

Senator David Norris complimented Pope Francis on highlighting human rights issues and the plight of immigrants. He raised the question of the duties of ambassadors and whether they can interfere with internal politicals. He also raised the question of the Nobel Peace Prize for President Obama. I do not think a majority of Members of the House would support the Senator on that matter.

Senator Aideen Hayden praised the Ombudsman, Ms Emily O'Reilly, on her report on the plight of asylum seekers in direct provision. Senator Trevor Ó Clochartaigh made exactly the same point. I will try to arrange for the Minister for Justice and Equality, Deputy Alan Shatter, to come to the House to debate that matter when we come back in September.

Senator Denis O'Donovan raised the question of rural transport. We certainly recognise the excellent work being done in west Cork, as outlined by him. However, it is not working well in other parts of the country. The matter was also raised by Senator Marie Moloney. I will invite the Minister of State at the Department of Transport, Tourism and Sport, Deputy Alan Kelly, to the House to address the matter and give us an outline of his proposals but I do not think we can arrange it today.

Senator Sean Barrett spoke about the incorporation of the Orange Order march in Rossnowlagh into The Gathering and said that it could only advance the peace process, with which I am sure we would all agree. He said members of the Northern Ireland Assembly favoured the retention of the Seanad as it is a forum for Northern Ireland representatives. We will take those points on board, which I am sure will be made during the Committee Stage debate on the Bill.

Senator Marie Moloney raised the question of JobsPlus and rural transport, which I addressed. Along with Senator Mary Moran, she raised the question of symphysiotomy, which Senator Moran has raised on numerous occasions in the House. They called for the publication of the Walsh report. I will find out when that report will be published. I was told it was imminent but that was a number of weeks ago, so I will find out the exact position for the Senators.

Senator Kathryn Reilly spoke about pre-budget discussions in this House. The Minster for Social Protection, Deputy Joan Burton, will give an outline on the budgetary process, a briefing on the budgetary proposals and will accept suggestions at the Oireachtas joint committee on Wednesday next. There will be a significant debate on that issue at the joint committee. The troika is still with us unfortunately but the Government is working full steam ahead to get back our economic sovereignty. Hopefully, in the next year or so, we will have our economic sovereignty back and we will not have to have meetings with the troika.

Senator Michael Mullins called for a debate on the jobs action plan with the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, for which I will ask. He also raised the question of the safety measures outlined for the fishing industry.

I announced a number of weeks ago that the Minister, Deputy Varadkar, and the Minister, Deputy Coveney, would make a statement in that regard. The safety measures as outlined by the Ministers will be welcomed by all involved in the fishing industry. It is to be hoped it will lead to greater safety throughout the industry.

Senator Daly referred to organ transplants. I am seeking an update on that, for which Senator Quinn asked last week. I understand the contracts Bill will complete all Stages in the other House. I propose that we debate it before the summer recess. It will probably come before the House for discussion during the last week of the sitting, on 22 or 23 July.

What about Committee Stage of the Bill to abolish the Seanad?

I will come to the Senator. He was mentioned in dispatches all along.

Senator Moran outlined research done by Dundalk Institute of Technology on active and ageing practices. All involved are to be congratulated.

Senator Quinn referred to VAT on defibrillators, a point I will make to the Minister for Finance. Some six or seven hours have been allocated to Committee Stage of the Seanad Bill. We should be able to complete Committee Stage within that time, which is much more than the 40 minutes allocated in the other House. We will see how we get on with the debate. We will have another bite of the cherry on Report Stage.

I acknowledge that JobsPlus was part of a suggestion which Senator Kelly made in the House. It is one of the many good ideas which have come from the House and have been introduced by the Government.

Senator Mullen contrasted the work of Exit International and the hospice movement. The question of hospice care was raised by Senator Crown who referred to a lack of beds. The Government is addressing the needs of the hospice movement. I suggest he read the reply given by the Minister to Senator Burke's Adjournment matter last week. He asked about hospice beds and care in the country and received a comprehensive reply.

Senator Brennan referred to the success of the short stay visa waiver programme. The initiative has proved to be quite successful and I am sure it will continue.

Senator Walsh referred to ethics in corporate governance and the statement by the Chief Justice. The corrupt practices by directors of any company should be condemned. We will have a further debate on the question of ethics in corporate governance over the coming weeks.

Senator Crown referred to hospice beds, which I have addressed, and the pressures from the tobacco industry. We all know how powerful it is. The pressure it exerts on Members of the European Parliament was outlined by MEPs. I do not know whether we can legally introduce the measures mentioned by Senator Crown.

It should certainly be investigated.

Senator Healy Eames spoke of tolerance, respect and dignity, which is what we expect from all debates in the House, and I hope that will continue up to the summer recess and way beyond it when we speak on legislation or any other matter. She also mentioned resources for children with Down's syndrome and I will certainly bring that matter to the attention of the Minister for Education and Skills, Deputy Quinn.

Senator Thomas Byrne has moved an amendment to the Order of Business, "That No. 2, Land and Conveyancing Law Reform Bill 2013, be deleted from the Order of Business". Is the amendment being pressed?

Yes, absolutely.

Amendment put:
The Seanad divided: Tá, 16; Níl, 30.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Crown, John.
  • Cullinane, David.
  • Daly, Mark.
  • Norris, David.
  • Ó Clochartaigh, Trevor.
  • O'Brien, Mary Ann.
  • 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, Eamonn.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • D'Arcy, Michael.
  • Gilroy, John.
  • Harte, Jimmy.
  • Hayden, Aideen.
  • Healy Eames, Fidelma.
  • Henry, Imelda.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mulcahy, Tony.
  • Mullen, Rónán.
  • Mullins, Michael.
  • Noone, Catherine.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • van Turnhout, Jillian.
  • Whelan, John.
Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.

Senator Denis O'Donovan has proposed an amendment to the Order of Business, "That a debate on the proposal by the Minister of State at the Department of Transport, Tourism and Sport, Deputy Alan Kelly, re rural transport scheme, be taken today." Is the amendment being pressed?

Amendment put:
The Seanad divided: Tá, 15; Níl, 32.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Crown, John.
  • Cullinane, David.
  • Daly, Mark.
  • Mullen, Rónán.
  • Norris, David.
  • O'Donovan, Denis.
  • O'Sullivan, Ned.
  • Ó Clochartaigh, Trevor.
  • Power, Averil.
  • Reilly, Kathryn.
  • Walsh, Jim.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Bradford, Paul.
  • Brennan, Terry.
  • Burke, Colm.
  • Clune, Deirdre.
  • Coghlan, Eamonn.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • D'Arcy, Michael.
  • Gilroy, John.
  • Harte, Jimmy.
  • Hayden, Aideen.
  • Healy Eames, Fidelma.
  • Henry, Imelda.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mulcahy, Tony.
  • Mullins, Michael.
  • Noone, Catherine.
  • O'Brien, Mary Ann.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • Quinn, Feargal.
  • Sheahan, Tom.
  • van Turnhout, Jillian.
  • Whelan, John.
Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.

Senator Mark Daly has moved an amendment to the Order of Business, "That a debate on SI 325 be taken today." However, the amendment was not seconded in the debate, and consequently falls.

Amendment lapsed.
Order of Business agreed to.
Barr
Roinn