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Seanad Éireann díospóireacht -
Thursday, 26 Sep 2013

Vol. 226 No. 5

Order of Business

The Order of Business is No. 1, motion re Ombudsman Act 1980 (Section 4(10)) Order 2013, to be taken without debate at the conclusion of the Order of Business; and No. 2, statements on tackling bullying in schools, to be taken at the conclusion of No. 1 and conclude not later than 1.45 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 1.40 p.m.

Will the Deputy Leader clarify whether the Minister for Education and Skills, Deputy Ruairí Quinn, is coming to the House for the debate on No. 2?

If so, it will afford us an opportunity to discuss the forthcoming budget with him. The debate yesterday on disabilities was useful as we were able to outline to the Minister the various areas we want protected. That was in advance of the budget, and the Minister of State, Deputy Jan O'Sullivan, committed to bringing the points raised back to the Government. It shows that the budgetary process has not changed. If anything, it is more controlled than ever by the four members of the Economic Management Council. We have not had a proper debate, with the exception of the debate on the Pathways to Work scheme with the Minister for Social Protection, Deputy Joan Burton, last night, which was useful. We have not set up a schedule for discussing the various areas of expenditure and putting forward the views of the Seanad on options and alternatives to the Government. I get a sense from speaking to colleagues in the other House that even those on the Government side have no idea what is being discussed. The Cabinet met earlier in the week for one hour, two weeks in advance of the budget, and by all accounts the budget was not even discussed.

The Senator is well informed.

The Senator is more interested in the Cabinet.

It is a matter of concern that even the Cabinet is not discussing the budget with only about two weeks to go, and that we have not had structured debates in the House. If the Minister, Deputy Ruairí Quinn, comes to the House today, I will use the opportunity to impress upon him the importance of not increasing the pupil-teacher ratio in primary schools. That is vital.

One can guarantee there will be no bad news before the referendums.

What is the Government's position? It is clear the process in both Houses for preparing for the budget is wrong. We have heard indications through the media from the Minister for Finance, Deputy Michael Noonan, that he will increase the VAT rate to 13.5% for the hospitality and food sector, but there is no debate on it. One initiative the Government took, which I welcomed at the time, was the reduction in the rate to 9%. It actually worked, for which I commend the Government. It has created in the order of 15,500 jobs in the hospitality sector but we have had no debate on the issue. With that in mind, I propose an amendment to the Order of Business - that the Minister for Finance or the Minister of State, Deputy Brian Hayes, come to the House for one hour to allow us a debate in order that we may try to elicit from him whether the Government proposes to increase the VAT rate to 13.5%. We have plenty of time as we are scheduled only to debate tackling bullying in schools. My Fianna Fáil colleagues and I contend that the reduction in the VAT rate for the hospitality sector was a good move from Government. We welcomed it at the time and it should be retained.

I laud some of the comments by Senator Darragh O'Brien regarding the 9% VAT rate for the tourism sector. The matter was debated in the other House yesterday afternoon and Deputy Brendan Griffin from Kerry, Deputy John Paul Phelan from Kilkenny and Deputy Derek Nolan from Galway took part in an engagement to which the Minister for Finance responded.

We will have to wait for the budget on 15 October.

What did he say yesterday?

I do not have it verbatim.

I wish to welcome a few other issues. The Constitutional Convention is meeting this weekend to discuss the possibility of allowing votes to our emigrants in presidential elections.

I compliment Senator Lorraine Higgins on her Adjournment matter regarding Arthur's day. Arthur's day is a mixed blessing. I hope people enjoy it sensibly while lauding the spirit of what she has to say.

I am sure we all welcome the €770 million aid tranche and the 11th review from the IMF. The economy is now formally out of recession.

It is not aid; it is a loan.

I said the aid tranche. Let us give it its proper title. Matters are fragile and we should not flinch, but we are set fair. As I have often said, let us be calm and cautious.

What if one owes the banks?

The Senator should be Taoiseach.

In view of the Government's proposal to reform the Dáil which we are supposed to be obstructing in this House, which is the reason it has to be abolished, I draw the attention of the House to a message that arrived this morning at 10.13 a.m. inviting Deputies who wish to make amendments on Report Stage of the Taxi Regulation Bill to submit them by 11 a.m., as the debate is taking place next week. Deputies were given 47 minutes to amend a Bill that we in this House know was highly flawed from beginning to end. It started off in 2012. The Government not only holds the Seanad in disdain but gives Deputies little more than half an hour to submit their amendments. I ask the Deputy Leader to seek, as part of Dáil reform, that this does not happen this morning and that Deputies get an extended time to submit amendments.

The Taoiseach should listen.

This is a highly flawed Bill which requires amendment. It is yet another example of the contempt of the Executive for both Houses of Parliament.

I note the intervention in a domestic debate about the future of this House by Baron Hattersley of Sparkbrook. I do not know if he is sparking on all cylinders, but he says today that the Seanad is like the House of Lords, as no-one pays a blind bit of notice to it.

Roy was always a sparker.

I say to his lordship that there are 550 amendments to prove the contrary. When one looks through his biography, it states that in 2008, Roy Hattersley appeared in a documentary on the DVD for the "Dr. Who" serial. "Dr. Who do you think you are"? is my response to his intervention in the affairs of this House. Baron Hattersley is the biographer of Lloyd George, who set up the Senate with provost Bernard and Arthur Griffith. While I want this to be recorded here, I do not wish to appear in the record as Lord Barrett in order that Roy Hattersley will know the difference between this democratic Senate and the House of Lords of which he is a member.

That is him with his "Spitting Image".

I think so. I think The Gathering has welcomed one person who seems to have landed in the wrong country.

I have asked my constituent and colleague in Northern Ireland, Dr. Jeff Dudgeon, to take up with Richard Haass and Dr. Meghan O'Sullivan who are investigating the causes of unrest and distress in Northern Ireland, the way the Taoiseach treats my Northern Ireland constituents. This causes trouble on the streets. We have raised the issue repeatedly here, but nothing has come back from the Taoiseach. He crudely scheduled a meeting of the North-South Inter-Parliamentary Association on the same day he was abolishing the votes of my constituents in Northern Ireland. I hope Mr. Haass gets a hearing from the Taoiseach because he does not seem to want to talk to anybody else. He has carried on in a disgraceful manner and that issue will be taken up. People in Northern Ireland do not like the way this partitionist Taoiseach and his hangers-on in the PR industry treat that province.

I agree with the sentiments of Senator Darragh O'Brien on the 9% rate and have made that case to the Minister, as have others. That rate has been a very successful job creation initiative and the figures speak for themselves. I know from members of the Irish Hotels Federation who are visiting the Oireachtas today and from the members of the Restaurants Association of Ireland who visited last week that the initiative has been extremely successful, as both Ministers, Deputies Bruton and Noonan, acknowledge. The measure, if retained, will cost €360 million. However, the Minister for Finance will not tell us that in the House. He will inform us of the situation on 15 October in the budget and we will not get a preview in this or any House. The initiative will cost €360 million and perhaps Senator Darragh O'Brien will indicate as to where that money could be found - the crux of the issue - when the Opposition is setting out its stall in the preamble to the budget.

I welcome Arthur's day which has received significant attention this week and hope people enjoy it. The attention has been focused on excessive drinking and binge drinking in our cities and towns. However, tomorrow night is Friday night and Saturday night is another regular night for drinking. Will the Deputy Leader put pressure on the Minister responsible to produce the alcohol action policy? The policy has been dragging around in the past two years and there have been no developments with it. We hear it may be stuck on the sponsorship issue. If that is the case, that should be decided. However, alcohol here is cheap and this cheap availability is an issue. A can of beer is cheaper than a bottle of water now.

Cheaper than tap water will be too.

The urgency should be around getting the alcohol action policy published and enacted.

A report from the Council of Europe on the issue of trafficking looks at Ireland's implementation of the Council of Europe's 2005 anti-trafficking convention. Some 57 possible victims of trafficking were reported to An Garda Síochána in 2011, some 78 in 2010 and 66 in 2009. Only 40 of the 47 countries of the Council of Europe have signed up to the convention. Ireland has a proud record in this regard, because the legislation we introduced is the strongest in Europe. During our Presidency, the Minister for Justice and Equality, Deputy Shatter, introduced a proposal for victim support which has been adopted by the countries of the European Union and a directive is awaited. If the Deputy Leader agrees, it would be worthwhile if the Minister got the opportunity to outline the progress Ireland has made.

In a detailed response to the report, the Department of Justice and Equality stated that Ireland was pleased to note that GRETA, the group of experts on action against trafficking, commends the important steps taken by Ireland to develop the legal institutional framework for action. In regard to the granting of a period of recovery and reflection for victims, it said Ireland's arrangements are in accordance with the provision of Article 13 of the convention. The report was compiled following a five-day visit to Ireland by GRETA.

This is a serious issue and must be tackled on a global basis. It would be worthwhile if the Deputy Leader could arrange for the Minister to come to the House some time in the next few weeks. He should have the opportunity to study the report and to outline what has been achieved by the current and previous Governments in this regard. Trafficking is an insidious crime, mainly against women and children, which is linked to the issue of prostitution. TV3 carried out an intensive report into the issue at one stage. Ireland has a proud record on this issue, but I do not think the Council of Europe is aware of the work Ireland did within the European Union during its Presidency. I wish to second the amendment raised on this matter.

I strongly support the call made by Senator Clune for the Government to publish the alcohol action policy as a matter of urgency. The CSO figures show that despite the appalling effects of the recession in recent years and in 2012, alcohol consumption increased again. Alcohol related harm costs the country an estimated €3.7 billion per year. We face a major problem and crisis in regard to alcohol and it is time the Government realised this and took decisive action to address the many issues that have been raised in this House in regard to alcohol abuse.

Alcohol abuse is linked with the ongoing and worrying increase in road traffic fatalities. Drink is a significant contributory factor to the increase in the number of deaths on the roads. As we head into winter, it is incumbent on all of us to conduct vehicle checks to ensure our tyres are in good shape and our lights are working properly. I am concerned that because of economic circumstances, people are cutting back on vehicle safety and that this puts lives at risk. I urge the motor industry to ensure this winter that its prices are competitive so that motorists will be able to take the opportunity to change their tyres and have their lights repaired at a competitive price. The result will be a decrease in the number of road fatalities throughout the country.

I have a serious question for the Deputy Leader. Will she contact her colleagues in government today and demand that the poster suggesting abolishing the Seanad will save €20 million be withdrawn immediately. They have already had to withdraw a poster which was illegal, which featured Björn Borg without his permission and which drew a comparison with Sweden which is defective because in Sweden the Whip was withdrawn. Therefore, the Taoiseach could not have fired conscientious objectors in his party.

There is one Björn every minute, I think.

That poster is a lie, about which there is no doubt. Senator John Crown, our colleague, flattened the Minister for Transport, Deputy Leo Varadkar, on "The Late Debate" last night. The Minister was reduced to saying the Government stated the figure was €20 million, the Seanad stated €6 million, the Referendum Commission stated €8 million; perhaps we should take the difference. That indicates we do not know anything about it, are completely ignorant on the cost and do not know what we are talking about. The important point, however, is that the Minister had to agree that whatever the figure was, it was not a saving. It is a cost, not a saving. Therefore, the poster is a deliberate lie.

Taxpayers' money is being used to feed them lies. The poster must be withdrawn. I will also write to the Standards in Public Office Commission and the Referendum Commission. I put it to the Deputy Leader, as a matter of grave importance to democracy in this country, that this poster which has been demonstrated to be a lie, as admitted to by a Cabinet Minister, should be withdrawn. The Government is using its resources all over the city. We see nothing but poster after poster referring to the abolition of the Seanad and the saving of €20 million. We now know that it is not true and the poster must be taken down.

With regard to the comments of my colleague Senator Sean D. Barrett on the North-South Inter-Parliamentary Association, this is an arrogant and spiteful Government. It wanted to have its meeting in the Seanad Chamber on the day of the referendum. I am glad to say I scuppered it and that it will not happen.

That matter was dealt with by the Committee on Procedure and Privileges.

The behaviour of the Government is disgraceful. Take it down from the masthead, Fenian traitors.

I refer to an issue in the newspapers concerning discretionary medical cards. The reduction from 80,000 to 56,000 in the number of discretionary medical cards was referred to by Ms Emily O'Reilly. When she asked for files on cases granted discretionary medical cards, she was told by the Primary Care Reimbursement Service, PCRS, that files were no longer available since 2011. I have raised this issue on numerous occasions in the past six to eight weeks. I have highlighted the fact that the PCRS is implementing measures not legislated for. It is depriving people of medical cards and making up the rules as it goes along. It has decided it will no longer allow home improvement loans or make any allowance for people to have a car to go to work. It will not allow crèche fees, unless the children are in a registered crèche. None of these elements is legislated for. Ms Emily O'Reilly has said financial constraints owing to austerity and cuts are not an excuse for poor service. I call on the Deputy Leader to bring this matter to the attention of the Minister for Health. It is not right that we deprive people of discretionary medical cards just because austerity is the way forward.

Yesterday the Governor of the Central Bank admitted to the Oireachtas Joint Committee on Finance, Public Expenditure and Reform that he had not listened to the full recordings known as the Anglo tapes. I find this incredible. He acknowledged that he had not seen the full transcripts. He also acknowledged that he had access to the tapes, but that he had no intention of listening to the rest of them. Considering what the boys in Anglo Irish Bank said on the tapes about the Central Bank and the previous Governor, it is appalling that the Governor has not listened to the tapes. He, the Central Bank and the regulator are in the best position to determine whether there was any wrongdoing. There is huge public anger because of what is on the tapes. People realise there are hospitals and schools without funding, large classes, people unemployed and people who have emigrated because of what individuals in Anglo Irish Bank did. The bank cost the State tens of billions of euro and people are in poverty because of what happened in it. People are suffering every day of the week and in negative equity. We have no money to pay for public services, invest in job creation to get people back to work or spend on health and education services, yet billions of euro of taxpayers' money was put into Anglo Irish Bank to bail it out and pay its debt. The Governor of the Central Bank is telling us he cannot be bothered to listen to the full set of tapes. It is appalling.

I commend Senator David Norris for an excellent contribution and interview on Today FM. I have not yet heard it, but I have received a number of messages telling me it was powerful and that people who are undecided will veer towards voting in favour of keepng the Seanad. I commend my colleague from County Clare, Senator Tony Mulcahy, for his comments to local media that the €20 million figure is a lie. We all have a responsibility as public representatives to ensure accurate information is in the public domain. Politics as a profession is suffering enough in terms of cynicism without having posters with figures that are not correct. Would we put up a poster indicating that there were 33% fewer gardaí or teachers? The notion of having 33% fewer politicians demeans the profession of politics and the people who dedicate their lives to it. I describe it as a low form of a Tesco ad, the type of ad we do not like or an ad for cheap yellow pack products we do not like. Politics is a noble profession and the vast majority of those in it are dedicated to providing public service, improving Irish society, improving the lives of people, particularly those who are less fortunate than themselves, and doing good for their local and national communities. I still believe politics is a profession of which we should all be proud and that this attempt to demean politics, regardless of whether it is deliberate, will backfire.

We are very privileged in this House to be able to raise matters of national importance for the country and citizens. This morning I beg the indulgence of the House to listen to a case that is extremely urgent for a family in Galway. I ask the Deputy Leader to make the following request to the Minister for Health. The story concerns a young father of three children who is 40 years of age. He lives in Galway and earlier this year was diagnosed with colon and liver cancer. He told me the tumour growing inside him was so big that he could feel it. He has been to doctors in Galway and Dublin who worked in Memorial Sloan-Kettering Cancer Center in New York, a hospital of repute and the best in the world for cancer treatment. His best chance of survival and securing the best outcome, despite undergoing chemotherapy, some reversals and some success, involves him going to the Memorial Sloan-Kettering Cancer Center. The cost of treatment would be €93,000. If the family waits any longer, there will no longer be enough of the liver unaffected to accommodate the insertion of a chemotherapy pump inside his body.

That is a suitable topic to be raised on the Adjournment.

I appreciate that, but he must travel on 1 October and there is no time for an Adjournment motion. His family and 30 friends have borrowed €1,000 each to help fund the treatment, but we are under pressure to raise enough money next week to enable the family to travel. My request to the Deputy Leader which I ask her to put to the Minister for Health is that the treatment abroad scheme be extended to patients travelling to the United States for critical life-saving cancer treatment and that, at the very least, a contribution be made towards the cost of the treatment equivalent to the amount that would be granted if treatment to achieve a similar outcome was available in the European Union. The Ombudsman, Ms Emily O'Reilly, said discretion should be allowed in order that a person's rights could be met. It is a reasonable request. I will take up the Cathaoirleach's suggestion next week, but I am conscious that next Tuesday is 1 October. We are, therefore, under pressure.

I echo the comments of others on the advertisements and the difficulty which stems from them.

I join in asking the Deputy Leader to write and seek some clarification or removal of those posters.

I add my voice of congratulation on another note to the three young girls, Emer Hickey, Ciara Judge and Sophie Healy-Thow from Kinsale community school. I am sure others have already done so but I have not yet had the opportunity. I do so in support of those teachers and parents who help young children, and particularly young girls, in the science and technology area. It is an outstanding achievement on their part to win the European Union contest for young scientists. We may lose heart sometimes about bad or wrong elements in the education system, but when we speak of further investment this shows that there are young people willing to try something. I imagine these girls would not have had a significant amount of resources or special laboratories but they have achieved what others may have said was not possible. We congratulate them, salute their courage and wish them and their school well for the future.

On the related area of science, I thank Met Éireann for new research that suggests Irish summers may become warmer, although winters may be wetter. I ask the Deputy Leader for a debate on that research, which relates to climate change, and specifically regarding the bad weather. We all know what happened this year, with farmers in particular being affected, leading to difficulties with fodder. The young people in the Visitors Gallery who have just joined us may be responsible for scientific research in future and know more about it but if we are now able to say we believe winters will be wetter, we should have additional planning and resources in the Department of Agriculture, Food and the Marine, as well as the Department of the Environment, Community and Local Government. We must not find ourselves unable to feed cattle every spring when we rely on the food industry in particular for future economic growth.

I support the comments made in the context of the amendment to the Order of Business by our party leader, Senator Darragh O'Brien. It seems the Government plays around with figures whenever it suits, as we have heard in the Seanad referendum debate. With regard to the 9% VAT rate, the figure the Minister for Finance indicated in public within the last week or two was that there was a loss to the Exchequer of €350 million. That figure has been challenged by Retail Excellence Ireland, which has indicated that a recent Deloitte report relayed how the intervention cost the State €88 million in net VAT receipts, with the employment gain equating to €261 million. The net impact to the Exchequer is a benefit of €173 million.

These are the figures but the reality on the ground is that the reduction in VAT from 13.5% to 9% resulted in the creation of 13,500 jobs in the services and hospitality sector. I know from speaking to people in the sector who welcomed the initial reduction, telling me on a number of occasions in my own part of the country where unemployment is significant that they had taken on extra workers. The question remains that if the increase in the VAT rate goes ahead in the budget, what will happen all the small businesses? These are coffee shops which employed an extra person when they had two or three already, for example. That is where the 13,500 jobs have mainly come from, rather than the major hospitality areas. Will the businesses have to release the extra people that they took on if they have to pay extra VAT? It seems more likely that businesses will increase prices between now and Christmas, which will prevent people from spending. Getting people to spend money was the main purpose of the exercise.

The Minister for Finance indicated in the Dáil yesterday that this was a pump-priming exercise that had worked but I hope he is right. I understand perfectly well Senator Clune's question of where to find the money and the bouncing around of figures ranging from €350 million to €88 million. It is still a significant sum in the current climate. I plead with the Deputy Leader to try to use her best influence in this regard and formulate an opportunity to debate this important for the hospitality sector in the House.

I was delighted to hear this morning that Ireland had increased its haul of Michelin star restaurants to eight. They are the restaurant at Mount Juliet, the Cliff House Hotel, Thornton's, Chapter One, The Aniar House, Campagne, Bon Appetit and L'Ecrivain. This indicates that our food and restaurant sector is in great health, although many Senators have spoken about the VAT rate this morning. I requested a debate in the House yesterday and it is a serious issue; I was going to point to the figures that Senator Mooney mentioned from the Deloitte report, which indicates the actual cost at €88 million, with an overall gain to the Exchequer at €173 million. Senator Mooney also mentioned potential job losses. I support Senator Darragh O'Brien's call for a debate on this issue, and although it should not necessarily be today, it should come in the near future in order that we can fully discuss this matter, which is of critical importance.

If it is so critical, why should it not be done today? There are only statements scheduled for today.

If the Minister's diary allows it, I would welcome him here today. As it might be unrealistic to expect that of the Minister for Finance, perhaps it could happen next Tuesday.

I support Senator Clune's comments on the alcohol action strategy and have raised the matter ad nauseam at the risk of becoming a total kill-joy in the alcohol area. The sponsorship issue is holding up matters but we must see the matter in these Houses in the very near future. I commend Senator Power for raising an Adjournment matter relating to Arthur's day. Diageo will pick up most of the tab for the extra Garda presence but it will be interesting to see related statistics. As the event is happening, we may as well embrace it and hope people drink responsibly. We hope to avoid serious injuries or issues arising from it. It may be the last year of Arthur's day, which I would welcome.

I join colleagues who have raised the peddling of total untruths by the Government and particularly Fine Gael. At the eleventh hour I ask the representative of the Fine Gael Party in the House, Senator Paul Coghlan, to insist on the posters in question being removed from lamp posts the length and breadth of the Twenty-six Counties. The Senator and members of his party know their use is wrong and I ask them at the eleventh hour to take them down, as they are misleading people into thinking there will be a substantial saving if we get rid of this House.

I will take the Senator's comments seriously.

I ask Senator Paul Coghlan to give a commitment this morning that he will go to the director of elections for Fine Gael and insist that the posters are taken down. He should do it on behalf of his own colleagues and every Member in this House. As the people are being asked to vandalise the Constitution of the State on Friday week, I make that request of the Senator as he is the representative of the Fine Gael Party in this House. I know he agrees with me. I also agree with Senator Conway's comments. It is absolutely nonsensical to think that if we had fewer doctors and nurses, there would be better hospitals and better schools with fewer teachers. I ask the Senator to go to the Minister, Deputy Bruton, and ask him to remove the posters today.

The last time he met me he had a large smile on his face.

There is no need for the Senator to respond.

I would welcome a response but it would be unusual to get it from that side of the House when the Leader is not here. Yesterday the Governor of the Central Bank was before a finance committee and admitted that he had to cave in to the wishes of banks.

It was sad to hear that. I was also sad to hear that he would not investigate any further the tapes that comprised live evidence of what was occurring in Anglo Irish Bank at a time when the country was in crisis. Did he make that decision himself or was he persuaded to do so by the Government? Those concerned do not have a great history of investigating tapes that are released in the national interest.

This House has taken a lead in regard to banking. My colleague, Senator MacSharry, has published two Bills in this respect. On the Order Paper there are three Bills initiated by our colleague Senator Barrett: Fiscal Responsibility (Statement) Bill 2011 – Second Stage (resumed); Mortgage Credit (Loans and Bonds) Bill 2012 – Second Stage (resumed); and Financial Stability and Reform Bill 2013 – Second Stage. Could the Deputy Leader insist that the Minister for Finance come to this House to discuss banking in order that we can ascertain the up-to-date position from him and his plans to sort out the banks? This seems to be the only arm of the Oireachtas that can realistically debate anything of importance to thie country.

I do not know to what poster Senator Wilson was referring, but if it is the one stating health cuts hurt the old, the sick and the handicapped, it-----

I was referring to the lie of the Senator's party.

Fianna Fáil put that one up. It hurt the old, the sick and the handicapped in a way in which they had never been hurt before.

Does the Senator have a question for the Deputy Leader?

Is Senator Jim D'Arcy standing over the lie on posters from his party throughout the country?

Senator Jim D'Arcy to continue, without interruption. Does he have a question for the Deputy Leader?

I am interested in seeing what-----

The Senator is welcome to Haggardstown to view them. I cannot guarantee him that he will get out of it, but he is welcome to come.

I was in it before I met the Senator and since and I will continue to go there.

Will the Senator pay €20 million to go there?

Does Senator Jim D'Arcy have a question?

I want to refer to the issue of cigarette smuggling. It may sound bizarre but a cigarette smuggling ring was thwarted this week only when al-Qaeda bombed a ship, the COSCO Asia, that was transporting illegal cigarettes bound for Dundalk. Investigators put a tracking device in the container containing illegal cigarettes and the container was tracked while heading up the M1 towards Dundalk. Subsequently, a Dundalk man was arrested and a number of houses were searched in regard to the criminal activity.

We are talking about sums of €20 million, €8 million and otherwise but we should note some €1.3 billion is lost in revenue in the State annually due to illegal cigarette smuggling and diesel laundering. That would build a lot of schools and hospitals, and it would provide many social services. That is real money. We need to continue to support the Revenue Commissioners, the Customs servuce and other enforcement agencies in dealing with this criminal activity. Much of the revenue from smuggled cigarettes goes to illegal organisations in this country, including anarchists.

I would like the Minister of State at the Department of Finance, Deputy Brian Hayes, to come to the House again. We spoke about diesel laundering but we now want to know about cigarette smuggling. Carcinogens and poisons in the illegal cigarettes are even more toxic than those in the legal ones. They are absolutely lethal. I am sorry that the young children have left the Visitors Gallery because I was going to ask them on this day, the day of their visit to the Seanad, to resolve not to smoke because of the health problems associated with the practice. I thank the Cathaoirleach for allowing me the opportunity to speak on this matter.

I join Senator Wilson in asking for a debate on the performance of the Governor of the Central Bank yesterday. It augurs very badly for democracy in the State that the Governor is essentially admitting to the capitulation of the Central Bank to mainstream banks. I am sure that if any politician had made a similar statement, people would be calling for his resignation today. As Senator Barrett has often said, it has always seemed, during the term of the past Administration and this one, that there is a mythical backstairs to the Department of Finance and the Taoiseach exclusively for the use of senior bankers and their interests. That has been borne out today considering the performance of the Governor of the Central Bank yesterday. It seems the same backstairs is available in this case. The people come last while the banks and institutional interests come first. We have seen this throughout a wide variety of Government policies and it certainly does not augur well.

Further questions must be asked on a slightly different issue, namely, media monopoly. We have had promises of legislation to govern this area. However, in the interim, we have seen a scenario in which one particular interest can gain control over what constitutes approximately 90% of the readership of the country. In a development this month, it seems one individual will have editorial control over the political writings of all the publications of one particular media grouping. That is not healthy and does not augur well for democracy. It does not augur well for politicians if they overlook such a scenario without trying to legislate for the protection of citizens. We have seen two instances of it today and perhaps a debate could be organised on both.

Will the Deputy Leader of the House raise with the Government the issue of whether Ireland highlighted at this week's Council of Europe meeting in Strasbourg Russia's anti-gay laws, which were introduced by its Government earlier in the year? Senator Bacik has expressed concerns about this issue publicly. I have written to the Tánaiste about it on a number of occasions. It is incumbent on the Government, particularly given Ireland's track record in promoting human rights internationally, that it use its influence, including its influence gleaned from just having held the EU Presidency, to put pressure on states such as Russia.

Russia has signed up to the European Convention on Human Rights. The Council of Europe meeting this week was convened specifically to consider whether previous judgments against ECHR members are being implemented. One case on the agenda is a case against Russia. It is a judgment of some years back against the Russian Government's ban on gay pride parades. Russia is one of the few countries in Europe where gay pride parades are still not welcome in 2013. Not only has Russia not respected that judgment, it brought in more draconian laws earlier this year. These laws effectively ban any public expression of support for lesbian and gay people in Russia. People can be arrested simply for showing their support, taking part in parades, writing supportive articles or even raising publicly human rights issues concerning the treatment LGBT people. I ask Senator Bacik to use her influence on the Tánaiste to ensure we raise these issues more strongly. I understand we wrote to the Tánaiste and that he replied he was not at the ministerial meeting this week but that officials were at it on his behalf. I would like an update on what exactly happened. Did the Irish officials raise this issue? If so, what was the response? When will the Tánaiste arrange for a meeting with the Russian ambassador? He responded directly to me that he will raise this issue the next time he meets a Russian Minister. Is a date set for this? The issue is urgent, particularly in the approach to the Winter Olympic Games next year.

A range of issues have been raised on the Order of Business this morning. Senator Darragh O'Brien asked me a specific question on whether the Minister for Education and Skills, Deputy Ruairí Quinn, would be taking the debate on bullying in schools. I am happy to say he will be.

He has a strong record for appearing in person in this House to deal with education debates.

That is his job.

He makes a point of doing so, where possible. This week we also had the Minister for Social Protection, Deputy Joan Burton, in the House to deal with the Pathways to Work programme, while the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, was here twice to take the commencement order and then the Protected Disclosures Bill. I am simply reminding my colleagues of this.

There were a few Fine Gael Ministers here, too.

I cannot accept the proposed amendment to the Order of Business. I absolutely accept the importance of the issue and I am conscious that other colleagues have sought debates on budgetary issues on previous occasions. I will ask the Leader again about arranging these debates.

In respect of the 9% VAT rate, an issue several colleagues have raised, there is universal acceptance of the benefit to the hospitality sector from the reduction. It was a specific measure introduced by the Government early in 2011 to encourage job creation in the tourism-related and hospitality sectors. Across all categories targeted by the 9% VAT reduction, I have been informed that it is estimated more than 21,000 jobs were created. That is a different figure from that proffered by Senator Paschal Mooney. Undoubtedly, it has given a great boost to the sector and benefited communities right across Ireland. However, as Senator Deirdre Clune and others pointed out, the Government has committed significant resources - there are some differences in the actual figure - to fund the VAT rate reduction. This has to be balanced with the wider economic agenda of the Government. Of course, the budget is still under preparation and the tax measures, including any change to the VAT rate, will be announced by the Minister for Finance on budget day. Senator Paschal Mooney described it as a pump priming exercise and there is no doubt that it has had a hugely beneficial impact in that regard.

Senator Paul Coghlan referred to the Constitutional Convention which I will be attending this weekend in Malahide. We will be discussing the issue of votes for emigrants, specifically whether Irish citizens resident abroad should have the right to vote in presidential elections in the future. That is certainly something of which I am very supportive, as are many of my colleagues from the university constituencies. We have quite a number of emigrants among our constituents and voters - Irish citizens who are graduates and residing abroad who have a right to vote in Seanad elections.

We will defend that right.

We will defend that right.

Arthur's day was mentioned by a number of colleagues, with Senator Paul Coghlan describing it as a mixed blessing. The key message concerns its safe enjoyment. I know there is an Adjournment matter dealing specifically with Garda costs, in respect of which I understand Diageo is contributing.

What about the medical costs?

I am sure we will get a full answer during the Adjournment debate.

Senator Sean D. Barrett referred to the tight deadline for amendments to the Taxi Regulation Bill. Staff of the Bills Office are extremely hard working and all of us have found them to be most understanding and accommodating when Members have particular difficulties with tight deadlines. I agree that it is unfortunate when deadlines are very tight.

Senator Sean D. Barrett also raised the issue of Roy Hattersley's intervention in the Seanad campaign. I was not aware of that intervention. I agree with the Senator's sentiments in response to Mr. Hattersley. Comparing the House of Lords with Seanad Éireann misses the very particular circumstances of the creation of the Seanad in 1937 and the very particular constitutional framework we have in place, where nobody has an inherited seat, I am happy to say, in this republic. I also believe it is important to emphasise, as the Senator did, the number of amendments made in the Seanad, as well as the number of Private Members' Bills accepted in this House, in order to counter some of the allegations made.

Finally, Senator Sean D. Barrett also referred to Richard Haass and the situation in Northern Ireland. I strongly disagree with the Senator's portrayal of the Taoiseach as partitionist.

What about the three Southern counties in Ulster?

Everyone is working together in order to ensure the continued progress of the peace process in Northern Ireland. It has been really important that there has been cross-party consensus in that regard.

I asked a question about the Council of Europe and the report-----

I am coming to that question. I have not reached the Senator's contribution yet.

Patience, Senator Leyden.

The Deputy Leader used the word "finally".

I used it in the context of Senator Sean D. Barrett's contribution.

Senator Deirdre Clune also raised the issues of Arthur's day and the 9% VAT rate. In respect of the former, she specifically asked for the Government to bring forward the alcohol action strategy, something with which we all agree. I will ask the Minister of State, Deputy Alex White, about it. I know he has been working on it. It is important that we see the strategy being brought forward very quickly. It has been promised for a long time.

Senator Terry Leyden referred to the Council of Europe's report on trafficking. I absolutely agree with his view on the need for a debate on the report. The Joint Committee on Justice, Defence and Equality has recently produced a report on prostitution. In the course of its preparation, the committee heard evidence from senior gardaí on the prosecution of trafficking offences, in respect of which there is a disappointing conviction rate. Evidence from Sweden suggests taking a different approach to prostitution law could have an effect in reducing the incidence of trafficking because, as the Senator said, there is a very strong link between trafficking and prostitution. The Minister for Justice and Equality, Deputy Alan Shatter, has responded to the Council of Europe's group of experts report on action against trafficking in human beings, pointing out that publication of the report is timely, given that we are in the process of drafting a second national action plan on human trafficking. I agree with the Senator that it would be useful to have the Minister come to the House to speak to us about that report in due course.

Senator Michael Mullins also referred to Arthur's day and expressed support for Senator Deirdre Clune. He also spoke about the need for the motor industry to offer more competitive prices for repairs, given the effect poor car maintenance can have in the context of road fatalities. I agree and suggest it might be an issue which could be raised on the Adjournment.

Senator David Norris raised the issue of the Fine Gael posters on the Seanad referendum. I emphasise that they are not Government posters. I am very happy to write to the general secretary of Fine Gael to request that the posters be withdrawn because-----

Thank you very much.

I will do it because the figure of €20 million has been disputed, challenged and contested by the commission.

The general secretary of Fine Gael is not an elected person, is he?

I will make inquiries-----

It is not a saving.

The Senator is right. I agree with him.

Genuinely, I will make inquiries as to who is the appropriate person to write to.

I have also publicly expressed reservations about the Labour Party posters. Perhaps the most objectionable aspect of the Fine Gael posters is the slogan "fewer politicians" which undermines the democratic process and people's trust in democracy. That, in some ways, is more serious.

Is having "fewer politicians" an actual undertaking?

Fewer Fine Gael politicians.

Of course, "fewer politicians" is a slogan that cuts across politics generally and does not just apply to the Seanad.

Senator David Norris raised an issue which was dealt with at a meeting of the Committee on Procedure and Privileges. Everyone present supported the Senator's view on inviting in an outside group on that date.

Senator John Kelly raised the issue of discretionary medical cards, a matter which has also been raised by the Ombudsman, Ms Emily O'Reilly. The Senator expressed concern about such cards not being granted to people and I am happy to ask the Minister for Social Protection to come to the House to deal with the issue. I know that it is a huge challenge for the HSE to ensure the PCRS budget services those who need it most and reflects the health reform agenda. It is now a particular challenge, with over 250,000 more people eligible for free GP care compared to 2011 when the Government took office. Approximately 43% of the population have access to free GP care. There have been changes to the discretionary medical card process, aimed at reforming the system. When the Government came into power, discretionary medical card applicants were not routinely assessed by medical personnel. The Minister for Health, Deputy James Reilly, instructed the HSE to establish a clinical panel to assist in the processing of applications for discretionary medical cards, which was an important reforming measure. It is also important to point out that the number of discretionary medical cards has fallen because more than 22,000 discretionary medical card holders now qualify for an ordinary medical card as they meet the income eligibility criteria. There are various factors involved, but I am happy to ask the Minister for Social Protection to come to the House, as she did yesterday, to speak to us about discretionary medical cards. My apologies, I should have said the Minister for Health.

Senator David Cullinane referred ti the Anglo Irish Bank tapes and the Governor of the Central Bank's appearance yesterday before the Joint Committee on Finance, Public Expenditure and Reform. He referred specifically to the announcement made by the Central Bank that, following its review of the issues arising from the tape recordings from Anglo Irish Bank, it did not intend to make any further report concerning suspected criminal offences to the Garda or the ODCE. We were all very disappointed to hear this. The Governor gave evidence to the Oireachtas committee yesterday to the effect that there was no clear evidence of criminal activity. That is often hard for lay people to understand, but there is a high standard of proof which both the Director of Public Prosecutions and the ODCE must observe when considering these matters. It should also be noted that there are ongoing investigations by the ODCE into Anglo Irish Bank, as well as ongoing criminal investigations. Charges have already been made and trials are pending.

Everyone is disappointed at the slow pace, but the Director of Public Prosecutions and the ODCE are independent of the Government, which is an important principle.

That does not bode well for the banking inquiry. They ran rings around the Chairman of the Joint Committee on Finance, Public Expenditure and Reform, Deputy Ciarán Lynch.

We debated the nature of the banking inquiry with the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, on Tuesday evening.

Senator Martin Conway praised Senator David Norris's appearance on Today FM; I hear it was a very powerful performance. He also commented on the Fine Gael posters and the integrity of politics as a profession. I agree with his sentiments. I have dealt with that issue.

Senator Fidelma Healy Eames referred to a specific very tragic case in Galway. As the Cathaoirleach said, it would probably be more appropriate to raise it as an Adjournment matter. If the Senator can give me details, I can write to the Minister for Health to support her point.

Senator Susan O'Keeffe raised the issue of the Fine Gael posters and congratulated the winners of the European Union Contest for Young Scientists, who are from Kinsale. We share her congratulations. It was a great achievement and brilliant to see these young girls winning at European level. The Senator has also asked for a debate on the impact climate change will have on agriculture in the context of Met Éireann research showing, rather depressingly, that our winters will become wetter, even if our summers are becoming warmer. We can certainly ask for that debate to be arranged.

Senator Paschal Mooney spoke again about the VAT rate, an issue about which I have spoken. He also raised the issue of the alcohol action strategy which I have dealt with.

Senator Catherine Noone welcomed the increased number of restaurants awarded Michelin stars, which is very good news. There is an increasing understanding internationally of the importance of high standards in restaurants and food generally in a country in the context of tourism and attracting visitors. A huge number of people go to destination restaurants in very out-of-the-way places. I am thinking of places in the Basque country and Catalonia in Spain where there has been a huge surge of interest because of the number of restaurants which have done very well and become very well known internationally. That is very important.

Senator Diarmuid Wilson spoke directly to Senator Paul Coghlan about the Fine Gael posters. I have already responded on that issue. Senator Diarmuid Wilson also called for a debate on banking with the Minister for Finance in the context of the Anglo Irish Bank tapes. My colleague, Senator Aideen Hayden, has sought a debate on banking on a number of occasions and we can continue to press for such a debate to be arranged.

Senator Jim D'Arcy raised the issue of cigarette smuggling, a matter which has been examined by the justice committee. It might be worth having a focused debate on the loss of revenue, the specific issue raised by the Senator, and the health implications owing to cheap cigarettes flooding the market.

Senator Marc MacSharry called for a debate on the Central Bank with the Minister for Finance. We can seek to have such a debate arranged. The Senator also raised the issue of a media monopoly. The Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte, has been in the House to discuss that issue, but we can ask him to come in again.

Senator Averil Power asked me to contact the Tánaiste to ask him to raise at the Council of Europe the very serious concerns expressed about the new draconian homophobic laws in Russia. I have raised that issue publicly and with the Tánaiste. I will write to him to seek an update. I thank the Senator for increasing the pressure. The Government is raising the issue, as are many other countries represented at the Council of Europe. It is a source of real concern and has a very serious impact, particularly on young lesbian, gay, bisexual and transgender, LGBT, people in Russia.

Senator Darragh O'Brien has proposed an amendment to the Order of Business: "That a one-hour debate with the Minister for Finance on VAT be taken today." Is the amendment being pressed?

Amendment put:
The Seanad divided: Tá, 17; Níl, 27.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Crown, John.
  • Cullinane, David.
  • Daly, Mark.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Mooney, Paschal.
  • Norris, David.
  • Ó Domhnaill, Brian.
  • O'Brien, Darragh.
  • O'Donovan, Denis.
  • O'Sullivan, Ned.
  • Power, Averil.
  • Quinn, Feargal.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Brennan, Terry.
  • Burke, Colm.
  • Clune, Deirdre.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • D'Arcy, Michael.
  • Gilroy, John.
  • Harte, Jimmy.
  • Hayden, Aideen.
  • Higgins, Lorraine.
  • Keane, Cáit.
  • Kelly, John.
  • Moran, Mary.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • Noone, Catherine.
  • O'Brien, Mary Ann.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • Sheahan, Tom.
  • van Turnhout, Jillian.
  • Zappone, Katherine.
Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.
Question, "That the Order of Business be agreed to," put and declared carried.
Barr
Roinn