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Seanad Éireann díospóireacht -
Thursday, 24 Oct 2013

Vol. 227 No. 3

Order of Business

The Order of Business is No. 1, motion re report of the Oireachtas Joint Committee on Justice, Defence and Equality on the establishment of the European Public Prosecutor's Office, to be taken without debate at the conclusion of the Order of Business; and No. 2, Private Members' business, EU Scrutiny and Transparency in Government Bill 2013 - Second Stage, to be taken at the conclusion of No. 1 and conclude not later than 1.45 p.m.

With regard to the action taken by the Garda Síochána and the HSE concerning two children, one in Tallaght and one in Athlone, I ask people to be careful about knee-jerk criticism of the force and the HSE in this regard. I agree wholeheartedly with the Minister for Justice and Equality, Deputy Alan Shatter, and welcome his announcement of a swift investigation and independent report by the Ombudsman for Children, which is correct. Can one imagine a situation, if there had been a doubt and the Garda or the HSE had not acted, in which, God forbid, something happened? I ask those who saw fit yesterday evening and will see fit this morning to criticise the Garda and HSE workers to be careful doing so. In the past we have had incidents in which earlier intervention would have assisted children; therefore, I do not think we can leave anything to chance. That is my personal view. I do not think we can leave anything to chance if there is any doubt whatsoever. I want that clear message sent from here today. I am concerned that the criticism that has rained upon the Garda and the HSE might discourage people from putting forward cases about which they are concerned.

I wish to raise my continued concern about private health insurance. As I have raised the matter on several occasions in the past two years, it is not just because of the budget provisions. As Members will know, more than 300,000 people have given up their private health insurance policies. A number of specific examples have been given to me. Last night I was told about a retired couple, in which the wife is aged 65 years and the husband, 66, who have a health insurance policy with a renewal date of 1 January. In advance of the renewal date they inquired of VHI the effects that the budget would have on their plan, which is called HealthPlus Extra - Plan B with options. It is not what the Minister for Finance would call a gold-plated plan. The retired couple discovered that their premium would increase from a net cost of €283 to €391.90 per month. I can give numerous examples of similar cases. If the reports in the Irish Independent today are correct, the Minister for Health shares my concerns and those of my party and others that we are facing a major crisis. Apparently, the private insurers have already flagged a price increase of between 10% and 15% to take effect from next December. The further reduction or capping of tax relief on the first €1,000 for adults and €500 for children will force thousands of people out of private health insurance. Either the Minister for Finance made a grave error and based his decision on incorrect information, or he knew exactly what he was doing. If it is the latter then why did he tell the Dáil in his statement that the measure would affect a minority of policyholders who had, to use his words, "gold-plated" private health insurance policies? I gave the example of a standard plan for a retired couple from Portmarnock. It is not a gold-plated plan, but they are looking at an increase of nearly €100 per month. As I have requested previously, I ask the Minister for Finance, Deputy Michael Noonan, to clarify this serious matter. Did he make a mistake? Did he mislead the Dáil? With that in mind, I shall propose an amendment to the Order of Business. I request that the Minister come here to make a statement clarifying on what he based his decision to cap tax relief on private health insurance. I want him to confirm whether his Department is now saying 577,000 policies will be affected, which does not seem like a minority to me. The Irish Insurance Federation has stated 1.2 million policies will be affected. Whatever way one examines the matter, a significant number of normal people will be hammered by the initiative. I want the Minister to attend the House for one hour today to explain his rationale in this regard.

Senator Darragh O'Brien is right to urge caution in the commentary on the very difficult and traumatic cases of the two Roma children. We all welcome the fact that they were returned to their families and that in the end there were no grounds for the concern that was raised by the Garda. However, the two cases have raised very serious questions. It was good to be in the Chamber last night when the Minister for Justice and Equality, Deputy Alan Shatter, gave his response to the news that the children had been returned. He spoke in very measured and appropriate language. He took the appropriate action immediately and ordered inquiries into how the situations arose. His words were carefully chosen, yet they adequately expressed the concerns felt by all of us, particularly parents, at the way events have unfolded over the past couple of days. One must also respect the statements by the families seeking privacy. A measured response is appropriate but I welcome the inquiries into the actions of the Garda.

I welcome last night's debate on the direct provision system, for which the Minister, Deputy Alan Shatter, was present throughout. It was a model of the type of debate that we do so well in the Seanad. It was a well crafted motion put together by Senator Jillian van Turnhout and her colleagues, on which there was no division. We all agree that the way forward is to be constructive and to examine constructively how best to reform direct provision in order to ensure we do not see lengthy delays in the processing of applications and people left in direct provision hostels for long periods.

On today's Order Paper a motion, to be taken without debate, has been tabled on the report of the Oireachtas Joint Committee on Justice, Defence and Equality on the establishment of the European Public Prosecutor's Office. The committee debated the proposal at length over a couple of meetings and took the decision that the proposal had a potential to breach the principle of subsidiarity. We have issued a reasoned opinion to that effect which formed the substance of the motion.

It is a good example of the technical and often time-consuming scrutiny the committees carry out on EU matters. That is the type of scrutiny in which legislators must engage.

I ask the Leader for a debate on surveillance in the light of the concerns that Chancellor Merkel has raised that her private mobile telephone was apparently being tapped by US authorities. I note the response from the US Government did not deny that her telephone had been tapped in the past. It raises very serious concerns about levels of surveillance on European Union citizens.

In regard to the fact that we are to announce a new alcohol policy today, in this case I ask that we look before we leap. Overall drink consumption in Ireland is falling and not high by international standards. In international rankings The Economist places Australia first and Ireland 23rd; places such as Canada and the United Kingdom rank higher than Ireland. A head of steam has built up, but I do not see evidence-based information. Previous generations were much more addicted to alcohol than the generation following us. Pub sales are down by about one third since 2007 which correlates with a substantial reduction in driving offences which were a serious consequence of drink. I think there is a responsible generation following us in that area. Furthermore, minimum pricing enriches the sellers of drink. Why on earth would we set out to do that? If there is money to be made it should go straight into the Exchequer in taxation but a minimum price where the suppliers of the drink are rewarded is totally counterproductive. It impacts most on people with low incomes, distorts competition and may run into difficulties in Europe and penalises all of a population for public order offences which, even if they are not published separately for drink offences, amount to that 1% of the population. Is it time we moved to a more sensible relationship with drink and food as the Mediterranean countries do? A campaign may move the Minister in the wrong and counterproductive direction. The last one of those was in respect of taxis which the Leader mentioned yesterday when the Taoiseach was present where a completely false impression of tax avoidance, social welfare fraud and crime was painted of a perfectly law-abiding industry. That resulted in the many flaws we found in the legislation to deal with the sector. Let us look before we leap. Certainly I would not support a measure which results in a higher income for the drinks industry. If they want to sell us something for X and we introduce a law insisting that we give them XX for it, that is the wrong way to proceed.

I agree with Senator Darragh O'Brien's views on the appropriateness of commenting on the Minister for Justice and Equality, Deputy Alan Shatter. As Senator Ivana Bacik has outlined, I was in the House last evening when he had to make the sad announcement concerning the two children and the families involved. On the other hand, we want to ensure the Garda and the HSE act appropriately for children. I hope when we receive the independent report, we can learn from it.

I refer to the Dyspraxia Association of Ireland. Dyspraxia is a condition that has been found to affect two children in every classroom in Ireland. The association has one employed member of staff and many voluntary members, particularly parents of children with the condition. The sad fact is that the condition is not recognised in children as there is not enough education, information and training to enable teachers recognise it. The position is that the one member of staff in the Dyspraxia Association of Ireland will have to finish work on 15 November 2013 owing to a lack of funding. It is pathetic that the association finds itself in this position. Were it not for the fact that it has so many voluntary members it could not continue to operate. It can be difficult to recognise dyspraxia and many teachers confuse the condition. At a recent meeting in Drimnagh a teacher said he or she had a child with the condition in his or her classroom and did not know it. I call for a debate on the subject as it is only by talking about it that we bring about an awareness of dyspraxia. I also want urgent action on the matter. A new association is being set up in my area of Tallaght in a voluntary capacity with parents. It provides a national telephone line out of the meagre funding available to it. As this will stop I call for an urgent debate on the matter.

I second Senator Darragh O'Brien's amendment.

I ask the Leader for a debate on the fishing industry as soon as possible. I was glad to see the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, in the House yesterday for the debate on the whole area of the Common Agricultural Policy. It was a welcome debate. The fishing industry is forgotten in Ireland, particularly the white fish industry from Rossaveal to Dingle and Castletownbere. There is a huge issue about quota for white fish. Some fishermen have said publicly that to operate within the quotas and limits as set out in law is almost impossible. I have asked for a debate on the fishing industry on a number of occasions. Earlier in the year the Minister was very involved in his work as a European Union Minister during the Irish Presidency. We only think about the fishing industry when there are disasters such as the Tit Bonhomme, when the media and politicians focus on it but for the rest of the year, unless there is another tragedy, the industry and the problems it faces are forgotten. It is a difficult task. We should realise that we are coming to a stage where ports such as Rossaveal, Dingle, Castletownbere and Dunmore East, which deal primarily in white fish, will become obsolete and soon the largest port will be Cork airport where there is a huge input of fish from Iceland and so on. This is a European as well as a national issue. When we had our economic problems and sought the bailout, the European Union was quick to set out financial parameters within which we had to live. As a beleaguered country where fleets from Spain and France come in and rape our seas of fish, amounting to billions of euro over the years, Ireland's quota and right to extra quota must be seriously examined. I will not propose an amendment today but I will go hell for leather on this issue in a couple of weeks time and will move amendments, day in and day out, until such time as the Minister comes to the House. I was promised a debate several months ago, but I let the matter rest. As we approach the December negotiations we need an urgent debate on the fishing industry, particularly the whitefish industry which I understand is in crisis. I hope the Leader will concede to my demands next month.

I was delighted to note that the House had handled matters in my absence yesterday with such care and dignity, on which I compliment all Members.

It is good to know that.

It is very reassuring.

I note also that their considered proposals will receive due consideration within the constitutional parameters as we proceed. Senator Darragh O'Brien and the Leader led the House well yesterday according to what I read this morning.

We are not discussing yesterday's business. We are on the Order of Business.

I appreciate that.

Senator Maurice Cummins did a good job.

I was detained elsewhere on other important parliamentary business.

It is important to know that. Senator Diarmuid Wilson is still our Whip.

Point taken. I was also glad to note that this matter was going to receive the proper consideration at Government level because the Taoiseach stated in this House yesterday that he would consult all the Leaders of this and the other House-----

We were actually here yesterday.

----- both on Dáil reform and Seanad reform and the processes and procedures of this House. I, too, join in the congratulations and compliments paid to the Leader yesterday in that regard. This House has done well so far, but I will not go into the details because Senators heard the points made yesterday.

I cannot let this opportunity pass without mentioning that we are on the threshold -----

No commercials, please.

We are not doing commercials. However, the sixth annual humanitarian Hugh O'Flaherty memorial week will commence in Killarney on Sunday, 27 October.

Is the Senator seeking a debate on the issue in the House?

No, but I am looking for some discussion of its highlights. Mícheál Ó Muircheartaigh will launch the programme officially on Sunday. Everybody is welcome and Members may have an opportunity to visit next week. On Wednesday the sculpture of Monsignor O'Flaherty will be officially unveiled on Mission Road -----

Is Senator Ivana Bacik doing it?

What about the Vatican embassy?

This has nothing to do with the Order of Business.

Maybe not, but it is important in a national context. On Thursday evening Donal Courtney's one-man play "God has no Country" will take place -----

We are on the Order of Business.

Several Members have been emailed about this event and may wish to receive a reminder. They are always welcome in Killarney.

A few months ago we debated a Bill dealing with the availability of defibrillators. It received a great deal of credit and there was no opposition to it. However, nothing has happened since. The reason I raise the issue now is that I have received a letter from somebody who had a bad experience on a train from Mallow to Dublin recently. The person who wrote to me joined the train at Mallow and a passenger facing him who was with his wife had a heart attack. There was a doctor on board and both he and somebody else tried to help the man, but there was no defibrillator on board. Not alone that, they were unable to get in touch with the train driver, despite doing their best to do so by hammering on the door. The driver did not even hear the intercom. Eventually, somebody pulled the communication cord and the train stopped, but they were one mile short of Charleville and could not get help. Unfortunately, the man died, which was very sad. The reason I mention this is that urgent action must be taken on this issue. Putting defibrillators in place is something we could do at very little cost. All we need is the determination to do it. However, Irish Rail should also have a system for contacting the train driver in cases of emergency such as this. This was a sad, traumatic and horrific incident, but the answer lies in our hands. We have taken the first step, with the Bill dealing with the availability of defibrillators. Let us now ensure we do not drag out further progress. I urge the Leader to discover what is happening with the Bill. Will action be taken and has the Minister agreed to do something about the issue? We have not been led to believe he will grab hold of the Bill and initiate it.

I ask for the Chair's indulgence and the House to join me in extending our deepest sympathy to the family of a bright young hurling star, Niall Donoghue, who won an under-21 all-Ireland medal with Galway last year and starred on the senior team this year and died tragically last night. It goes without saying the hurling community and the community of Kilbeacanty, outside Gort, are devastated at this news. I extend to his dad, Francis; his brother, Shane, who is on his way home from Australia; and his sister, Orla, who is a student in Athlone our deepest sympathy. This is an awful time for the family and his club and county colleagues. It is a difficult time for all young people around the county. We urge them to look out for each other and think today of the Donoghue family. Young Niall lost his mam when he was four or five years of age, which makes his loss more tragic and difficult. I ask Members to remember the Donoghue family in their prayers today.

I support the comments made by Senators Darragh O'Brien, Ivana Bacik and Cáit Keane that we should be slow and measured in our response to the publicity surrounding the Roma children. I was in the Chair last night when the Minister for Justice and Equality, Deputy Alan Shatter, gave a measured and thoughtful response to the breaking news. It is welcome that he said this morning that when the reports of the HSE and the Garda are completed, he intends to pass them on to the Ombudsman for Children, Emily Logan, for her consideration. Our thoughts must be with the families and the children who have been affected. I also welcome the indication from the Minister that all services and supports will be put in place for them immediately. Thankfully, the cases had a happy ending. We await with interest the reports from the Garda and the HSE.

Ba mhaith liom a bheith ceangailte leis na smaointe comhbhróin a luaigh an Seanadóir Mullins. I would like to be connected with the condolences extended to the Donoghue family in Kilbeacanty and all connected to Niall. His death is an awful tragedy.

We had a very good debate last night, one of the best in which I have taken part in this Seanad, in which Members on all sides raised serious issues about the direct provision system. However, I was totally dismayed by the Minister's response to the debate. His prepared speech was a regurgitation of replies to Adjournment matters and parliamentary question in the past two and a half years. The Government is behind the curve in regard to the direct provision system and I fear the Minister is sticking his head in the sand on the serious issues raised by colleagues across the House last night. His answer seems to be a blank "No", that the Department will not look at and examine the direct provision system, that what we have is the best model and that it will not be changed.

On a related issue of minority groupings, the issues connected with Roma families are serious. The European Human Rights Commissioner has called into question the role of the media in dealing with these issues. It is welcome that the Ombudsman for Children has been asked to look at them, but it is also important that the Garda Ombudsman be asked to conduct an independent inquiry into the role of gardaí in this regard. This issue points to a broader one. Therefore, it would be fitting to have a debate on the plight of the Roma people in Ireland. Organisations such as Pavee Point are concerned that the types of incident we have seen could fuel racism against the Roma people. This country has also been criticised by the European Commission for its failure to develop an inclusive and progressive national Traveller-Roma integration strategy. We are told Ireland had a shocking score of four out of 22 in its recent assessment. It has been highlighted previously that many of the children in Roma families are living in poverty and that there are particular difficulties within that community. Instead of focusing on the issue raised recently, I suggest we have a broader debate on the situation in which the Roma people find themselves in this country.

I support the call made by Senator Denis O'Donovan for a debate on fisheries. The Senator is correct that holding such a debate is vital.

I join other colleagues in expressing sympathy on the passing of Niall Donoghue. It is beyond sad that such a talented young man is dead. Our thoughts and prayers are with his family.

I support Senator Feargal Quinn's comments on the availability of defibrillators. I understand there would be cost implications in implementing the Bill, as with the alcohol strategy. However, we should at least ensure defibrillators are placed in strategic positions such as on a train. In the horrific example outlined by the Senator a person was trapped on a train. It is not my position to say this, but perhaps this is an issue that should be raised on the Adjournment to enable the Minister for Transport, Tourism and Sport to outline the strategy to be followed in such circumstances.

Similarly to the alcohol strategy, as I said, there is an argument that sponsorship should be used. In this case also, some facilities should be put in place in strategic positions where people are not in a position to get to a hospital, such as when they are on a train. In such a case they could be treated without having to stop the train and get off, with all the logistical implications involved. I very much support Senator Feargal Quinn's call in that regard.

I wanted to raise an issue that is before the European Council today. It is a proposed measure to bring in an EU digital minimum tax. This would be a dangerous move for Ireland. We have our corporate tax rate which is all but sacrosanct, but the French are pushing a digital minimum tax internationally. The French launched a campaign a couple of weeks ago to lobby other European members on the issue. It is a French-driven initiative and it is before the Council today. It is something I want to raise in order that it is on the radar. I will follow this issue and ensure the potential dangers for Ireland are kept to a minimum.

There is an astonishing story that has been unfolding in the past couple of days, starting with the French leader and now, in the past 48 hours, involving the German Chancellor, Dr. Angela Merkel, in which allegations have been made of monitoring of mobile phone calls by the US security services. Far-fetched and all as it may seem, I ask the Leader if he could seek clarification from the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, and a reassurance that Ireland is not included in this. It may seem far-fetched that a small country like Ireland would be involved, but one should remember that we held the Presidency of the European Union. My impression is that since 11 September 2001 the American security forces have become almost obsessive about their national security. When one thinks about it, their closest allies are here, particularly the Federal Republic of Germany. When one considers exactly what the allegation is - that the mobile phone of the Chancellor of Germany, the most powerful politician in Europe, is being monitored by US security forces - one can see it is an extraordinary development and one that has very serious undertones. I am a big fan of the United States. I have defended it here during the years and will continue to do so. They are our cousins. There are family connections. However, I am seriously concerned that the image of the United States internationally will suffer possibly irreparable damage as a result of this development and there needs to be clarification on all sides. The Obama Administration last night stated that it is not monitoring phone conversations and will not do so but, as the Germans stated in their response, no reference was made to whether monitoring had taken place in the past. Will the Tánaiste clarify that Ireland is not included in any monitoring or surveillance in so far as he is aware - because such matters are covert operations - and will he communicate to the US ambassador our displeasure at what has been happening to our European allies?

I join other colleagues in expressing my deepest sympathy to the family of Niall Donohue, a great hurler. We saw him play last year in the all-Ireland championship, when many hoped Galway would win. It is desperate.

I welcome the announcement by Ryanair this morning of eight new routes to Shannon Airpoprt. It is estimated that they will bring an extra 300,000 passengers into the airport and create 300 jobs. This is a very significant announcement for Shannon Airport. It proves that the airport is working as an independent entity. There will be a significant increase in passenger numbers. It proves also that the decision by the Minister for Finance to get rid of the travel tax is working. I commend Michael O'Leary because he has put his money where his mouth is and he will deliver greater passenger numbers to Shannon Airport.

A model employer.

It will result in the creation of many more jobs than just the 300 at the airport. It is a good news story and the responsibility of all of us to welcome it. I commend him.

Deputy Timmy Dooley announced it yesterday.

The Fianna Fáil transport spokesperson.

I commend the Minister for Finance and the Minister for Transport, Tourism and Sport for the work they have done in the background in recent months to ensure this happened.

What about thanking Mr. O'Leary?

I can guarantee the 300,000 extra passengers that they will get a great céad míle fáilte in County Clare.

Almost 12 months ago we had the referendum on children's rights. It was held on 10 November 2012. On that day, following a campaign in which virtually every political party supported the referendum, 42% of the people said "No." We must concede that if the referendum had taken place in the aftermath of what we have seen in the past fortnight, it would have been decisively rejected. Irish people always attempt to strike a balance and they are deeply concerned, and always have been, about children and about families. The questions now being posed by many are about the level of that balance. I look forward to the publication of future reports and perhaps a debate on them, but I ask that the Minister for Children and Youth Affairs come to the House to debate all of these events. I appreciate the roles of the HSE and Minister for Justice and Equality, but there is a Minister for Children and Youth Affairs and we need to hear from her in this House on these general matters. Every citizen of this country wants to ensure that every child is fully protected, but we do not want a Big Brother state. There was a degree of concern about that during the referendum last year and, as I say with reasonably certainty, if the events of the past fortnight had happened 12 months ago, the referendum would have been decisively defeated. In order to get a better feeling about where policy and thinking are now, almost 12 months after the referendum's passage, I would like the Minister for Children and Youth Affairs to come to the House to debate all of these issues, answer our questions and give reassurances that the State will not become Big Brother, that it is a place of safety and security for children and rights and responsibilities for families, and that the balance is appropriate, fair and in order.

I will be brief. I have a question again for the Leader on the murder of Fr. Niall Molloy. A good number of weeks ago I raised the issue here and asked that the Leader bring it to the attention of the Minister of Justice and Equality in order that we might get answers. The full investigation has taken place. The family deserve closure. Fr. Molloy will not rest in peace until such time as this public investigation is allowed by the Minister and we find the full facts. Will the Leader ask the Minister what is he doing on this issue to bring closure?

I call on the Leader to arrange a debate on the issue of wind energy and the construction of wind farms in the State. Senator John Kelly raised this issue through a Private Members' Bill and it is unfortunate that the Government has not allowed it to progress to Committee Stage. We need a debate not only on set-back distances and construction planning but also on the funding that is provided for wind farm developers. There are many millions of euro of taxpayers' money, through levies on all ESB bills, going to developments all over the country, and taxpayers are unaware of where the money is going. We need to have a debate in this House and decide whether this is the right way to spend taxpayers' money.

Today will see the debate in the Dáil on the Social Welfare and Pensions Bill, a Bill which will affect the elderly and families, particularly single parents, very regressively. It is unfortunate that although many Members of Dáil Éireann criticised this House during the course of the recent referendum, that House is guillotining the debate on a Bill and only allowing eight hours for debate. Deputies will be allowed only a minimal amount of time to debate this important Bill. It is my understanding the Leader is allowing for substantial debate on the same legislation in this House.

That would reflect the views of the people more accurately than what is reflected in Dáil Éireann concerning one of the most important pieces of legislation in the aftermath of the budget, for which I commend the Leader.

I raise the issue of the home renovation scheme which was announced in the budget and welcome its commencement tomorrow. There was a concern that projects which were ready to go might have been paused to benefit from the tax rebate. I also raise the issue of unfinished housing estates. The budget provided for €10 million to go towards a pilot project with five local authorities, which are to pick up the pieces dropped by developers. That is a very good idea, but the scheme may be somewhat restrictive. I believe a mistake is being made in that the works will apply only to a scheme of houses, or a housing estate. My concern is that this will be a case of not joining up the dots in respect of works being done. Estates will be brought up to an acceptable standard, something we would all agree with, but they will remain unconnected to the main urban areas, in terms of footpaths and lights. This is an occasion when local authorities could advance the small extra portions of work required to bring about a cohesive strategy and have works done in their entirety within the urban area. If we do not do this work now, when the crews are mobilised and on site, it will never be cheaper. I am concerned that if the estate works are completed but without proper connections being made to the main streets of towns and villages, they will never be made. As we know, local authorities are badly strapped for funds and it is unlikely such extra works would happen. This is the time to do them when the work is happening within the estates.

Like Senator Sean D. Barrett, it is welcome that today the Government will publish its strategy to reduce alcohol abuse. I agree with the Senator that we should take a long look at this matter before jumping in and thinking that increasing the price of alcohol is the solution. It is not. Unless we tackle this together as a 32-county project, it will not work. If we increase the price of alcohol in the South, people will just go to the North of Ireland and buy it at a much reduced cost. We must address this on an all-island basis. In that regard, will the Leader use his good offices to make contact with the Northern Ireland Department of Health to see what strategy it has to try to tackle the abuse of alcohol on our island?

Next March Dún Uí Néill Army Barracks will have been closed for two years as a working barracks. At the time of its closure we were told by the Minister for Defence, Deputy Alan Shatter, that it was surplus to requirements and there was no need for it. As a result, 120 soldiers were transferred to Dundalk and Athlone, with a small number coming to Dublin. The security of the Border remains a major issue in my part of the country. Garda resources are stretched to their limits and the nearest Army resource we have is in Athlone. Will the Leader ask the Minister to attend the House so that we may discuss the security of the Border region? Will he also ask the Minister for Education and Skills, Deputy Ruairí Quinn, what plans he has for the barracks, which are now in the ownership of the Cavan-Monaghan education and training board? Cavan VEC, as it was known at the time, had major plans for the former Army barracks and I would like to receive an update from the Minister as to how these plans stand.

Senator Darragh O'Brien raised the issue of the return last night of two Roma children to their families. The Minister for Justice and Equality, Deputy Alan Shatter, gave a comprehensive reply in this House yesterday when we were discussing the Private Members' motion. It is important to establish whether lessons can be learned from these events. The Minister has asked for a full report on the circumstances of how these children were taken into care. As Senator Darragh O'Brien noted, it is very important to acknowledge that the Garda, together with the HSE, which plays a very important part in child care, has certain powers under section 12 of the Child Care Act to take children to a safe place. The law is very clear - when there are reasonable grounds and there is a reasonable risk, the authorities can intervene, which is what happened. I have no doubt that the Garda acted in good faith in the two cases in question. As it turned out, the concerns were unfounded, but it is very important for us to establish whether lessons can be learned from these events. I am sure the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and the Minister for Justice and Equality, Deputy Alan Shatter, will establish what the exact situation was and what actions need to be taken to prevent further events such as these.

Senator Darragh O'Brien also spoke about private health insurance, outlining that 577,000 people would be affected by increases as a result of decreased tax relief. I answered comprehensively on this matter yesterday. In view of the €500 million it will cost for one year for these reliefs, "gold-plated" may not have been the best advised term to use during the Budget Statement. I will certainly ask a Minister to attend the Chamber to discuss the issue with us, but it is very unlikely that the Minister for Finance would be able do so this afternoon and for that reason, I cannot accept the proposed amendment to the Order of Business.

Senators Ivana Bacik and Paschal Mooney spoke about the surveillance of EU citizens by the United States. I am sure we will take up this matter with the Tánaiste who is due to attend the House after the Order of Business.

Senators Sean D. Barrett, Catherine Noone and Diarmuid Wilson spoke about our having a more responsible and sensible relationship with drinking and alcohol and about the measures to be outlined today. I am sure we will have a debate on these issues with the Minister of State, Deputy Alex White.

Senator Cáit Keane mentioned dyspraxia in children. I will try to arrange a debate on this issue with the Minister. I suggest the Senator submit an Adjournment matter in order to get the details she requires.

Senators Denis O'Donovan and Trevor Ó Clochartaigh called for a debate on the fishing industry. I agree with their points. The Minister for Agricuture, Food and the Marine, Deputy Simon Coveney, attended and although some 15 Senators had sought a debate on agriculture in recent weeks, only eight offered to contribute yesterday when the Minister responded in advance of the allotted time. When Members ask for debates on different issues - I refer to all sides of the House and I am not looking at-----

We do not have enough time for our speakers.

I am not looking at any particular side of the House but at all sides. Fifteen Senators had asked for a debate, but there were only eight contributors when the Minister came to the House. However, I take on board what Senator Denis O'Donovan said about the fishing industry.

We will arrange a debate on the matter with the Minister. However, in view of the fact that he was in the House only yesterday, that debate will not take place in the next number of weeks.

Senator Paul Coghlan advertised to quite a significant degree Monsignor Hugh O'Flaherty memorial week, which is due to be held in Killarney.

Senator Feargal Quinn raised the very serious issue of the availability of defibrillators and inquired about the status of the relevant legislation. I will check the position with the relevant Minister and report back to the Senator. Certainly, the tragic case highlighted by him underlines the need for defibrillators to be provided on trains. I am sure this matter will - it certainly should be - addressed by Irish Rail.

Senator Michael Mullins and others referred to the death of young Niall Donohue, an excellent hurler, in tragic circumstances. Our hearts go out to all members of his family.

Senator Trevor Ó Clochartaigh requested a debate on the direct provision system. I accept that the answers provided by the Minister may not have suited the Senator. However, the Minister provided one of the most comprehensive replies ever given in the House. Perhaps he did not give the answers people wanted to hear, but he certainly engaged with Members during what was a comprehensive debate. I am sure it will not be the final debate on the issue. I note the Senator's points on the Roma people and his call for a debate on the issue.

Senator Catherine Noone outlined the European Union's proposal for a digital minimum tax and indicated her concerns in respect of it. That is a matter the House might, perhaps, debate at a later date.

Senator Martin Conway indicated that Ryanair had announced eight new routes into Shannon Airport, which is excellent news for the surrounding region. Since the announcement of the abolition of the travel tax, Ryanair has certainly honoured the commitment it previously gave in this regard.

Senator Paul Bradford requested that the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, come before the House to debate issues which I addressed earlier. When all the facts have been established, I will certainly try to ensure the Minister will come before us to address the points raised.

Senator John Kelly referred to the case of Fr. Niall Molloy. I will ask the relevant Minister what is the current status of the report on that matter.

Senator Brian Ó Domhnaill referred to the Social Welfare and Pensions Bill 2013 which the House will spend three days debating. Agreement has been reached with the leaders of the various groups to the effect that Second Stage will take place on the first day and that there will be comprehensive debates on Committee and Report Stages on the following two days. I do not believe there will be any need to guillotine the debate on the Bill. If Senators on all sides adopt a reasonable approach, we will be able to complete our consideration of the Bill within the three days allocated.

I note the points made by Senator Michael D'Arcy on unfinished housing estates and the possibly unnecessary restrictions in the budget allocation. I agree that this is the time to act in that regard. I will try to obtain further clarification for the Senator.

Senator Diarmuid Wilson called for a debate on security in Border areas. He also referred to the plans of the Department of Education and Skills for the former Army barracks in Cavan. I will certainly correspond with the Minister for Education and Skills to discover the position on the Department's plans.

Senator Darragh O'Brien has proposed an amendment to the Order of Business, "That a debate with the Minister for Finance on the basis for his decision to cap tax relief on private health insurance be taken today." Is the amendment being pressed?

Amendment put:
The Seanad divided: Tá, 14; Níl, 24.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Crown, John.
  • MacSharry, Marc.
  • Mooney, Paschal.
  • Ó Clochartaigh, Trevor.
  • Ó Domhnaill, Brian.
  • O'Brien, Darragh.
  • O'Donovan, Denis.
  • O'Sullivan, Ned.
  • Power, Averil.
  • Quinn, Feargal.
  • Reilly, Kathryn.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Burke, Colm.
  • Clune, Deirdre.
  • Coghlan, Paul.
  • Conway, Martin.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • D'Arcy, Michael.
  • Gilroy, John.
  • Harte, Jimmy.
  • Hayden, Aideen.
  • Higgins, Lorraine.
  • Keane, Cáit.
  • Kelly, John.
  • Moloney, Marie.
  • Moran, Mary.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • Noone, Catherine.
  • O'Donnell, Marie-Louise.
  • O'Neill, Pat.
  • van Turnhout, Jillian.
  • Whelan, John.
  • Zappone, Katherine.
Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.
Order of Business agreed to.
Barr
Roinn