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Seanad Éireann díospóireacht -
Wednesday, 4 Dec 2013

Vol. 228 No. 2

Order of Business

The Order of Business is No. 1, motion regarding the Horse and Greyhound Racing Fund Regulations 2013, to be taken at 11.45 a.m. and to conclude no later than 12.15 p.m., with the contributions of Senators not to exceed five minutes and the Minister to be called on to reply no later than 12.10 p.m., No. 2, Water Services (No. 2) Bill 2013 - Order for Second Stage and Second Stage, to be taken at 12.30 p.m. and to adjourn no later than 4.30 p.m., if not previously concluded, with the contributions of group spokespersons not to exceed ten minutes and all other Senators not to exceed six minutes, and No. 44, item 6, Private Members' business, to be taken at 5 p.m. and to conclude no later than 7 p.m.

I thank the Leader for having a debate on the Horse and Greyhound Fund Regulations 2013, which is important. That is the way we should do our business in future and I know the Leader has committed to scrutinising some of these reports.

On my behalf and that of my party, I would like to say how shocked and disgusted we were with the findings of the Smithwick report. All of us need time to read the report in full and I know the Leader will provide time in the future for a reasoned debate on it. Having said that, none of us should lose sight of the tens of thousands of members of An Garda Síochána who served this State with distinction over the years. The report highlights one individual who Judge Smithwick believes colluded with the Provisional IRA and members of the republican movement in the murders of Harry Breen and Bob Buchanan but that is something we will debate further. As I said, thousands of gardaí have served this State and protected it against the Provisional IRA and the republican movement over decades and many gave their lives in the service of this State. We should always bear that in mind. One individual has done a lot of damage to the reputation of the force.

What further concerns me from reading the summary of the report is that members of the IRA, many of whom are members of Sinn Féin, did not give evidence to the tribunal in public. Their evidence was frankly pathetic. In an interview on Newstalk this morning, Deputy Gerry Adams further exacerbated the problem when he effectively put the blame for the murders of Buchanan and Breen down to the fact that they needed to be careful about their security. That is an absolutely outrageous and disgusting remark from a leader of the Sinn Féin movement, many members of which served in the IRA. As we all know, Deputy Gerry Adams, the leader of Sinn Féin, was a member of the IRA, and a significant leader in it. From his operational activities, he probably would know these two officers, who were carrying out their duty as officers of the law in Northern Ireland, needed to be more careful about their security. These two men were nothing short of murdered by the IRA. I am certain that the people who carried out these murders are well known to Deputy Gerry Adams and senior members of Sinn Féin.

Our thoughts today are with the families of Chief Superintendent Breen and Superintendent Buchanan because I have no doubt the publication of this report will bring back some awful memories and feelings about the tragedy of the murders in south Armagh. I am certain the Leader will address this but I ask that we have time for a full debate.

I commend Judge Smithwick on all the work he has done over the years to produce this report. The establishment of the tribunal was worthwhile. We need to look at areas where this State might have failed but let us not lose sight of the fact it was effectively fighting for its survival in the 1960s, 1970s and 1980s against subversives in the Provisional IRA, many of who are now sitting in the Oireachtas. Will the Leader provide time for a full debate when we have had the chance to read the report in full and consider its implications?

I thank Judge Peter Smithwick and his team for the work they have done over a very long number of years. We all share a sense of outrage, disappointment and sadness at the findings of his report and our thoughts are with the families of Chief Superintendent Harry Breen and Superintendent Robert Buchanan. I thank the Minister for Justice and Equality, Deputy Shatter, and the Tánaiste, Deputy Gilmore, for their very prompt apologies on behalf of the State in this regard. It is welcome that there has been no further delay in issuing such apologies. I also ask the Leader if we might have a debate on the findings of the Smithwick tribunal because of its important ramifications for the Garda. I know the Commissioner will make a statement later today and we await that.

I observe the tax revenues and VAT receipts that came in at the end of November were up. I suppose that shows a sign of confidence and improvement in the economy. We are slowly making progress. One could go mad and say that is a signal of all manner of great things but I do not believe that to be the case. It is a good sign of progress and shows we are going in the right direction but there is much work to be done.

I draw attention to a statement made by the former Ombudsman, Ms Emily O'Reilly, exactly one year ago when she appeared before the Joint Committee on Public Oversight and Petitions. She pointed out that the Department of Health, because of what appeared to be a culture of prevarication, disregard for the law and an inability to take hard decisions, had already caused the State to incur enormous costs and looked set to continue on that path. Yesterday, with the observation of Ms Justice Mary Irvine in regard to cases before the courts, we saw the delays in accepting liability. Ms O'Reilly was referring to the Who Cares? report and the number of settlements made out of court without any acknowledgment and without any information.

Given all we have heard about top-ups and payments to chief executives, I would like to know how much money the HSE is paying out in those settled cases on foot of the Who Cares? report because those trying to take cases find them dragged out over a long number of years and then being settled one by one. Even though the Ombudsman pointed out where the problems lay and the Department of Health and the HSE know what the liabilities are, we, as citizens, do not know how much money has been spent on each of these settlements. In light of the desire for accountability and transparency, those figures should now be made available. Will the Leader see if we can find a way, through the Minister for Health, to make these figures available? It is money being spent on our behalf and we should know how much it is.

I join with my colleagues in calling for a debate on the Smithwick report and I compliment Judge Smithwick on the clarity of his conclusions. I have not had the opportunity to read the whole report but I have read the shortened accounts of it in the newspapers. It is significant that he said it is distressing and disheartening that even today, a culture appears to prevail in the Garda where loyalty is prized above honesty. That really needs to be looked at and we need to have independent supervision of the Garda. In every profession, there should be an independent regulator. I think that should be the case in the media, the Garda, the legal profession and so on. I am also very glad the Government acted so swiftly and honourably in making an apology to the families, who must be deeply distressed by this situation.

Along with one of my colleagues, I was horrified to hear the leader of Sinn Féin, Deputy Gerry Adams, speak on Newstalk.

There seemed to be a kind of cold-heartedness and cynicism about the entire thing. To blame the victim in this way suggests to me that Deputy Adams is unfit for his position as leader of Sinn Féin, a democratic party, in the other House. He said that they showed disregard for their own security and sat comfortably in Dundalk police station. Why should they not? They were police officers and they were cooperating, as they thought, with the Garda in Dundalk. I am sure that the overwhelming majority of members of An Garda Síochána feel betrayed by what happened in this instance. It is very regrettable. These things, unfortunately, appear to have happened on both sides. There are strong indications of collusion on the part of the British Government with certain Loyalist elements. This is appalling, depressing and disheartening. I am glad that we have faced up to it.

The person or persons responsible for setting up these two brave police officers for their murder betrayed their own colleagues in a most extraordinary way and this is something for which they stand reproached by the entire society. I would like to think, and I believe strongly, that one of the difficulties at that time was the lack of transfer of intelligence between the two forces. Information was made available to An Garda Síochána and apparently was not transmitted to the PSNI. There seems to have been an awkwardness in communication. I believe that has passed. I very much welcome the fact that there is strong co-operation between the two police forces. It is a sad day.

In that context there is a case which was repeatedly raised in this House about which a Minister from the previous Government, a very decent man, accepted that there was a gross injustice, the case of Dónal de Róiste who was dishonourably discharged from the army simply on the basis that he went to a pub in which there were Republican sympathisers. This was guilt by attainder, it was medieval. It was a gross and shocking injustice. This House voted and the Minister said that it was so but nothing has yet been done. This House should discuss that matter again. This man was completely innocent but for some obscure reason he was fired from his job, dishonourably discharged and his family was extremely distressed. It was raked up in the most disgusting way when his sister ran for the Irish Presidency but nothing has been done about it, although we have all recognised that it was an injustice. On the other hand, there was a very long period over which it was suggested, known and openly spoken about that there had been some degree of collusion and little was done. I would like that, parallel with this discussion, we again open the case of Dónal de Róiste and I would like my colleagues to join me in this, simply out of fairness because we need equity in all these matters.

I have been contacted in the past two days by a young family, with four young children, whose local authority has allocated it a house. The house was vacant for some time and the electricity was disconnected. I am now advised that the procedure for reconnecting the electricity will take three months. It is unacceptable that two State authorities, the local authority and the ESB cannot co-operate to expedite a matter such as this. There are approximately ten different steps that must be taken before a house is reconnected. The local authority-----

I have made a ruling on that this morning.

I am aware of that but this is an issue that cannot be left as it is. This is a young family who want to get into a house before Christmas but which is told that it will take three months to reconnect the electricity. The local authority has to send in an application, the ESB must send back a bill, and the local authority must pay the bill before the reconnection is made. It is outrageous that something like this is happening in this day and age. Ten different steps must be taken. It is not the fault of the local authority officials or of the ESB officials but of the procedure. Will the Leader raise this matter with the Minister to ensure that the relevant Ministers come together to resolve this problem? This is just one case that I know of. I am sure the same is happening in many other local authorities around the country. It is not good enough. It is not acceptable. I ask that some action be taken on the matter.

I support Senator Burke’s call for resolution of that case. It is ludicrous that it should take three months to reconnect a house that is obviously already wired and properly kitted out for connection. I call on the Leader to try to facilitate that request this morning.

I join Senator Norris in calling for the case of the former army officer to be reconsidered by this House. It is correct that a motion was passed unanimously by this House when it was raised as a Private Member’s motion by the former Senator Eoghan Harris. It was supported by all sides, including the then Minister for Defence, Deputy Tony Killeen, who agreed that an injustice was caused to this individual yet nothing has been done to clear his name. I echo Senator Norris’s call this morning that the House again consider the case.

I welcome the publication yesterday of the Smithwick report and I look forward to a debate in this House on that.

I commend the Minister for Social Protection, Deputy Joan Burton, for her initiative on temporary employment. It is estimated that almost 40% of retailing employers take on extra staff at Christmas time but heretofore many people on jobseeker’s allowance were reluctant to take up this employment because when they broke their claim it took months in some cases to get it back again.

The Minister, having consulted on this, has decided that a claim need not be suspended and that somebody can work for up to eight weeks after which the claim will be put back in place. This is a welcome initiative and it is a sign that this Government is listening to the issues that prevent people who are unemployed getting temporary and full-time work. I hope that this will continue for summer work etc. I commend the Minister for that move.

I echo the statements of sympathy for the Breen and Buchanan families and the praise for Judge Smithwick. I also welcome the measured response by the Minister of Justice in Northern Ireland, David Ford. I am sure that the very good working relationship between him and the Minister for Justice, Equality and Defence, Deputy Shatter, will serve us all.

Will the Leader clarify whether yet again the Department of Health is refusing to implement an EU directive on health insurance, dating back to 1992? According to reports on the radio we are seeking yet another year’s derogation. In this sector between 2008 and 2012 premiums went up by 56%, and 250,000 people have given up health insurance. We subscribe to the principles of open enrolment, community rating and lifetime cover but the Department is interested in protecting its in-house company, the VHI. It is not working. Health insurance is a financial service and should be regulated accordingly. There is not a separate Exchequer for the Department of Health. The present policy is postponing the day when the Government moves towards universal health insurance. Will the Leader clarify if the Department of Health is yet again postponing a decision that the Commission asked it to make in 1992, which has been endorsed by the European Court and the Supreme Court here? When will the Department wake up to the damage that it is doing to the health insurance sector in Ireland?

Treatments that take 10.6 days here and cost €1,500 per night per bed can be done in 3.7 days elsewhere. There is huge waste which a competing health insurance company could help to eliminate. It is more procrastination and it has been going on so long that I do not blame the Minister for this; rather, it is the corporate culture in the Department of Health that wants VHI to always be protected from more efficient new entrants.

I join Senator Darragh O'Brien and other colleagues in commending Judge Peter Smithwick on the valuable work he and his inquiry team conducted in producing this report over the last seven or eight years. I share the sentiments expressed by all of those Senators who contributed on that issue.

It is important, as Senator Darragh O'Brien stressed, that nothing in this report detracts from the great and good work of the Garda force over the years of the Troubles in policing the safety of our people and the institutions of the State. We must remember that only three officers were named in this report. The references to inappropriate and improper contact with members of the Provisional IRA involved no more than three that Judge Smithwick could identify, and it referred to one Garda station in the country, namely, Dundalk. We have to get matters in perspective in that regard.

I raised the report with the Leader yesterday and he said it was imminent. He was right, proving he is probably better informed than the rest of us. I thank him for his commitment yesterday - I have no doubt he will give it again this morning - to allow us a full debate on this report in early course.

If I may, I want to refer to one recommendation in the report. We have all referred over the years to issues regarding the Border, for example, the smuggler mentality and the illegal activities such as fuel laundering, cigarette smuggling and so on.

Is the Senator seeking a debate on the report?

I believe that has been agreed. I want to refer to one recommendation of Judge Smithwick, which states: "That frameworks and procedures be put in place to allow for the structured and regular exchange of intelligence between the PSNI and An Garda Síochána, which exchange should be governed by information-sharing protocols rather than ad hoc decision-making." In that regard, he commends as a model worthy of potential the specific operation that is in place between the United States and Canada along their border. I believe, building upon that, we could have Border offices out of which the two forces may be able to jointly operate. We have all heard of hot pursuit and so on, and many of us have referred to Border corridors, but an arrangement in line with that recommendation could be put in place, although, of course, that would be a matter for the Governments. I look forward to us developing our thoughts further along those lines when we come to deal with the full debate.

Ba mhaith liom tacú leis an éileamh go mbeadh díospóireacht leathan againn maidir leis an tuarascáil Smithwick, a fhoilsíodh inné. It is important to note that the Smithwick tribunal was established as a result of an agreement in negotiations at Weston Park in 2001 between the British and Irish Governments and the political parties, and that Sinn Féin supported the establishment of a series of inquiries, including the Smithwick inquiry. In a significant and unprecedented development, three former IRA volunteers gave evidence to that. Judge Smithwick has drawn his own conclusions-----

Senator Ó Clochartaigh, without interruption.

I am not surprised Fianna Fáil is again trying to make political capital out of the suffering of people.

That is what they were.

Judge Smithwick has drawn his conclusions. We all need to read the report in full and draw our own conclusions. People will make up their own minds on this report.

Sinn Féin has supported these inquiries on the basis that the families had the right to full disclosure of all relevant information. However, what Judge Smithwick described as collusion is very different in form and scale from the collusion that occurred in the North. During 30 years of war, the British state was responsible for structured, institutionalised and co-ordinated state-run collusion and death squads which led to the deaths of hundreds of citizens, including those killed in the Dublin, Monaghan and Dundalk bomb attacks.

What about this collusion, Senator?

The Sinn Féin press office is-----

The British Government refuses to hand over the vital information on these-----

Is the Senator looking for a debate?

I am supporting the call for a debate but I believe that debate needs to broaden its perspective. We also need to note that while the Irish Government has kept its commitment under Weston Park, the British Government is in clear breach of its commitments, having refused to establish an inquiry into the murder of human rights lawyer, Pat Finucane. The Irish Government now needs to increase its pressure on the British Government to honour its commitment and to set up the promised public inquiry into the murder of Pat Finucane.

Are you looking for a debate?

We are looking for that debate to happen but we are looking for the parameters of that debate to cover all of the legacy issues and the setting up of an independent international truth commission to deal with all of those issues in regard to the war.

I join the call this morning for a full and frank debate on the Smithwick report. I very much welcome its publication and compliment the judge on his painstaking work over a protracted period. I want to express our sympathies to the families of Chief Superintendent Harry Breen and Superintendent Bob Buchanan. Our thoughts are very much with them today.

It is regrettable that some damage has certainly been done to the reputation of the Garda. The report points to one bad apple at one Garda station in Dundalk and it is worrying that the report states it is unlikely this person will be identified. I would certainly have thought it should have been possible to identify this person, given the location from which they worked was certainly identified.

There is some rightful criticism of the republican movement for its less than full co-operation with the inquiry. There are certainly legacy issues from the past to be dealt with and, if we want the full truth to come out, people have to be forthright and upfront, and co-operate fully with all inquiries. I fully agree with Senator Ó Clochartaigh on the matter of the inquiry into the death of Pat Finucane and that report must also be concluded.

I very much welcome the fact the Minister for Justice and Equality and the Tánaiste gave a very full apology to the families. This is welcome and, I see from media reports, very much appreciated by the families.

I strongly support the words of Senator Colm Burke in calling for some level of common sense and co-operation to be brought to bear on the ESB. There is something bureaucratic and crazy about a situation where ten steps have to be followed before a house can be reconnected with electricity. I call on the relevant Ministers to get together to resolve that issue.

I support the call for a debate on the findings of the Smithwick report and all that is contained within it. It is certainly shocking when it is taken in its full context, but it is also shocking when certain politicians would try to lay the blame, or at least part of the blame, on those who were murdered. One cannot do that if one subscribes to peace. One cannot have peace in the form of an à la carte menu; it must be on the basis of exclusive peace. All political parties should reflect on this issue and not jump to conclusions, and certainly not blame those who were murdered for any shortcomings in this regard.

The issue of health has been raised on the Order of Business a number of times. The Government can defend its record, if it so wishes, but the facts speak louder than words. In my own county, the waiting lists for orthodontic treatment have increased by 900% under this Minister's watch. The average waiting list for orthodontic treatment has gone from 458 patients in Donegal in July 2011 to 4,127 on 26 November this year. That is just over a 900% increase on the watch of the Minister, Deputy James Reilly.

We hear that waiting lists are under control but the figures and facts do not back that up. It is time we had the Minister for Health in this Chamber to discuss such issues. I suggest we need a full day to go through the shortcomings in the Department of Health, right across the board, whether it is in regard to medical cards, orthodontic treatment or the overpayment issue in hospitals and the culpability of the Minister and Department in that regard.

We have all seen the media reports on that issue in recent weeks.

Does the Senator have a question for the Leader?

I am calling for a debate on all these issues. We in this House will be serving the people well if we have that debate, which should take place from early morning until late at night. It will allow us, Government and Opposition Members alike, to hold the Minister to account in this Chamber. I hope the Leader will accede to my request.

I was delighted to hear the announcement by Aer Lingus's regional division that it will be bringing 100,000 extra passengers through the newly independent Shannon Airport next year. The airline intends to have a daily service between Shannon and Bristol and to double capacity on the existing routes to Manchester and Birmingham. This will create 20 jobs in Shannon and is a direct consequence of the abolition of the travel tax. I commend the Minister, Deputy Michael Noonan, on taking that brave decision in the budget. We have seen tangible effects from it, including the news from Aer Lingus today. This new development follows the recent announcement by Ryanair that it will carry an additional 300,000 passengers in 2014. These developments will bring in millions of euro in tourism revenue to the Clare, Galway and Limerick areas.

We must not forget Kerry.

Indeed. In addition to the abolition of the travel tax, we have had other successful tourism initiatives such as The Gathering-----

Is the Senator seeking a debate on tourism?

Yes. The Government's focused and no-nonsense approach in the areas of aviation policy and tourism marketing strategies is working. It is, in particular, targeting visitors from our neighbours in Britain and throughout western and eastern Europe. I commend all those involved in these successes and wish the people who secure the 20 new jobs in 2014 the very best. I note Aer Lingus's regional division has indicated there will be further announcements in the coming weeks. That is most welcome.

We are all tremendously proud of the Garda Síochána for the service its members have given since the foundation of the State and the bravery shown by individual gardaí over the years.

Today, however, is a very black day for the force as the Smithwick tribunal report shows there was foul collusion in the murder of two members of another police force. I accept what Senator Trevor Ó Clochartaigh said regarding the institutionalised collusion by the British Government through the agency of the SAS and so on. That collusion was starkly outlined in a recent book by Anne Cadwallader. We can only conclude that if what went on in the North was a war, then it was a very dirty war. None of the parties has come out of it with any great honour and glory. Thanks be to God that people like Albert Reynolds, Garret FitzGerald, Tony Blair, Bertie Ahern and others were able to prevail upon those involved in that war to put an end to it.

Senator O'Sullivan should have a chat with his party leader about the history of it all.

I read in yesterday's newspapers that people involved in the horse racing industry in Kildare and Meath are concerned about the proliferation of wind farms in that area, which is starting to impact negatively on the racing business. No less an authority than Ruby Walsh has said it is impossible to ride horses out and train them in the shadow of the turbines. We must take seriously the concerns of those working in what is an important sector of our economy. I have called several times for a debate on the racing industry. I hope the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, will address this issue when he comes to the House. I ask the Leader to bring forward that engagement.

During the campaign leading up to the referendum on the abolition of the Seanad, there was an opportunity to examine the work done by this House and its potential into the future. During a previous debate I expressed my disappointment that a truth and justice commission had not been established to deal with events during the course of the Troubles in Northern Ireland. It was interesting last night to hear Gregory Campbell saying something similar. Many people would like to see such a forum established, but it does not seem likely to happen in the near future. In the meantime, will the Leader consider setting aside not just a portion of a day but time over a number of weeks to allow us to discuss, in a focused manner, the many issues arising out of the conflict on this island?

I am glad some closure has been brought to bear for the families of the two police officers in question. We should always remember the human side of conflict and the suffering that goes with it. The family of Pat Finucane have suffered in a similar way, as have the family of Rosemary Nelson. Those of us who watched the recent "Panorama" programme saw that a group of people working in an official capacity were allowed to target and kill civilians at will. We saw that collusion in the case of Bloody Sunday, for example. It is wrong to claim that in raising issues such as those highlighted today in the Smithwick report, we are somehow minimising the suffering of somebody else or justifying some other act. These types of revelations will continue to emerge into the future, probably for decades, with one particular incident being examined and other people asking why their case was not considered. The only way I can see of dealing with all that is if we seek to encapsulate the whole story by giving everybody an opportunity to place on record, in a methodical and analytical fashion, their account of events. We will never be able to eliminate the suffering of the bereaved, who will continue to suffer for the rest of their lives, but we can, by way of an open and inclusive process of examination, seek to achieve stability on this island and understanding among former adversaries.

I ask the Leader and the Committee on Procedure and Privileges to consider taking my proposal on board. The case of Dónal de Róiste has been rightly brought forward by colleagues. I am sure he and his family would like that case to be examined. It is one of many issues to be debated. If the Smithwick report were to act as a catalyst to bring that type of process about and if Seanad Éireann were the vehicle for its implementation, we would be doing justice to the memory of all those killed in the conflict. Above all else, we would also be providing some type of foundation for full and proper development, co-operation and reconciliation into the future.

I join colleagues in seeking a debate on the report of the Smithwick tribunal, which makes for sad reading. As a long-time critic in this House of the failure by the British authorities to deal with collusion at various levels in Northern Ireland, I must also condemn the finding in this report of collusion by members of the Garda Síochána. It is unacceptable that any police force should have within its ranks people who subvert the law. We depend on the Garda for our security and, as Senator Ned O'Sullivan rightly said, its members have served us well in this State. Many of them have made the ultimate sacrifice in defence of the people and in upholding the security of the State. It is sad, therefore, to discover there were elements within the force who deviated from those high standards.

The debate should be broadened out to include other areas of collusion. Some weeks ago I raised the issue of the reported collusion highlighted by Anne Cadwallader in her book, Lethal Allies: British Collusion in Ireland. Some of us, including the Leader and me, have served on Oireachtas sub-committees where we heard evidence from members of the British army and the Police Service of Northern Ireland, various specialists and victims themselves. All those issues need to be lanced.

It is within six months of the 40th anniversary of the Dublin-Monaghan bombings, which caused the single biggest loss of life in the State during the atrocities. The fact that the people affected have found no closure in the meantime is nothing short of reprehensible. I believe this House could play a role in applying pressure. I agree with Senator Ó Clochartaigh that the State has faced up to the killing of the police officers, Superintendent Bob Buchanan and Chief Superintendent Harry Breen, but there is a need for the British Government to face up to the murder of Pat Finucane, which is probably the clearest illustration of collusion in all the atrocities that have been committed. I hope we will not have a one-sided debate on this.

We must move forward.

I will conclude on another matter-----

The Senator is way over time.

A number of members of the sovereign committee of the British-Irish Parliamentary Assembly met with the Chief Constable and assistant chief constable of the PSNI in Northern Ireland last Monday morning. The Chief Constable went out of his way to pay tribute to the Garda Síochána and to the co-operation and cohesion that now exists between the forces in what they are doing to confront the challenges that arise in the security area. He made the point that the Garda should be more resourced-----

I call Senator Mullen.

-----particularly with regard to equipment. That is something we should debate as well.

I compliment Judge Smithwick on his fine work and echo the calls for a debate on the report. One often hears the phrase, "We can forgive, but we can never forget", but seeing the photographs of Chief Superintendent Breen and Superintendent Buchanan in the newspapers today is a reminder to us that it is important that we do not forget. Sometimes people think the requirement of a peace process is that one forget things, but it is never appropriate to forget. Forgiveness, of course, is essential.

Senator Darragh O'Brien drew our attention to what appear to be very troubling remarks by Deputy Gerry Adams this morning. We must all live this experience, obviously recognising our own failings, of continuing to feel disgust at what happened and continuing to expect that those who have rightly made the move to a democratic life and respect for the Constitution would acknowledge the wrongness of what happened in the past, while we also celebrate their arrival into legitimate political activity. Our thoughts today must be with the families of those men who were killed. It is striking how terribly recent it all is.

Senator Crown intends to raise on the Adjournment the issue of supports for people with Huntington's disease. I fully support him on that. I am delighted to welcome to the Visitors Gallery today two academics from National University of Ireland, Galway, Mary Dempsey and Professor Bob Lahue, who were both nominees for the Irish Laboratory Awards last night. Professor Lahue won two awards, for medical laboratory of the year and the pharmaceutical laboratory of the year. The Lahue laboratory has been involved in the discovery of a new target to combat Huntington's disease and it is at the pre-clinical trials stage. We owe academics such as Ms Dempsey and Professor Lahue a great debt. I am sure Members will join me in wishing them every success with their work and congratulating them on their achievements to date.

I am very troubled by one of the less commented-on aspects of the recent controversy regarding top-up payments in hospital boards, charities and so forth, namely, the structure of the boards of many of our hospitals and voluntary hospitals. At least two of the largest hospitals in the State, which derive their income virtually entirely from State funding, have boards that do not include even one publicly appointed, publicly elected or publicly accountable member. In the case of one hospital, the board is appointed entirely by the former owners of the hospital, who left a legacy arrangement to ensure it is in perpetuity a Protestant board, and in the other there is a similar arrangement, with input from the Dublin archdiocese. There are other arrangements like this throughout the country, and it is not confined to formerly Catholic, clerically run institutions.

Some type of system of accountability must be put in place. For a start, there should be an ability to put in freedom of information requests on every organisation that receives public funds. That should be a bare minimum. In addition, there should be a legislative effort by the Government in that regard. There is an unusual situation in Ireland. We have a public hospital system in which many of the hospitals that provide a service are not publicly owned. They are owned by boards that get their money from the State, but without any input from the State. All kinds of dysfunctions have arisen from that, and the most recent reports indicate another level of dysfunction. Will the Leader consider scheduling a debate with the Minister for Health on the governance structures of our hospitals, particularly as we are apparently to transition toward an all-insurance based model?

I offer my support for the wonderful work of Judge Smithwick. I extend my sympathies to the families of Superintendent Bob Buchanan and Chief Superintendent Harry Breen and to the families of the other 3,200 people who were killed in the Northern Ireland conflict. It is sobering now and then to get a reminder with those old faded photographs, particularly for those of us at an age to remember what it was like to open a newspaper every day and discover that three, four, five or ten people had been murdered the day before. It is right to remember all of these individuals.

The vast majority of Members referred to the Smithwick report. We are all very grateful to Judge Smithwick for the report. Everybody is saddened and appalled that a person in Dundalk Garda station contributed to the deaths of Bob Buchanan and Harry Breen. In addition, I believe every member of the Garda Síochána, and especially the families of the brave members of the Garda who lost their lives protecting the institutions of the State, must be very saddened by what this report has exposed. We will have a full debate on the report after due reflection on it. The comments of the Leader of Sinn Féin on local radio this morning were reprehensible.

To put the onus on the victims was absolutely despicable.

I note Senator Norris's comments on the need for independent regulation of the Garda. All Members will welcome the fact that the Garda Commissioner is due to make comments on the matter today. We look forward to hearing what he has to say.

At present, relations and co-operation between the PSNI and the Garda Síochána are greater than they have ever been, as has been acknowledged by both sides at state level and within the respective police forces. That is as it should be. There should be that type of co-operation.

We must never return to the murder, mayhem and horror we witnessed over those very sad years in our history. Let us hope that does not happen. Members have spoken about collusion. In response to Senator Ó Clochartaigh, collusion is collusion. In my opinion, there is no hierarchy where collusion is concerned. It was not a day for Sinn Féin propaganda on the issue-----

We are just looking for the truth, as is the Leader.

-----but we should have a comprehensive debate on Northern Ireland as well as the Smithwick report. I will try to facilitate those debates in the House.

Senator O'Keeffe raised the issue of tax and VAT receipts and the fact that it is a positive signal that the economy is gradually recovering. That is welcome. She also referred to the Who Cares? report and said the settlement figures should be made available.

I agree totally with her in that regard.

Senators Norris and Wilson highlighted the case of Dónal de Róiste. An all-party motion on this matter was accepted by everyone some years ago. I will make inquiries to the Minister about the current status of that motion. My personal opinion is that it should be reactivated.

Senator Landy welcomed the measures that have been taken by the Minister, Deputy Burton, to assist temporary workers. I agree that they are to be welcomed.

Senator Barrett welcomed the measured response of the Minister of Justice in Northern Ireland, David Ford, to the report of the Smithwick tribunal. I note Senator Barrett's points regarding the 1992 EU health insurance directive. I will find out from the Minister for Health what the situation is with regard to seeking a further derogation in this respect. I will revert to the Senator at that point.

Senator Ó Domhnaill spoke about the waiting list for orthodontic treatment. We will have a debate on the health service plan as soon as it is available. I am sure the Senator's points can be raised when the Minister is in the House on that occasion.

Senator Conway welcomed the decision by Aer Lingus's regional division to bring 100,000 extra passengers to Ireland through Shannon Airport. He spoke about the benefits of this decision for tourism in the mid-west and the rest of the country.

I remind Senator O'Sullivan that we will debate the horse and greyhound racing fund after the Order of Business. I note his points about the possible dangers of wind farms for the horse racing industry. If the Senator does not get an opportunity to raise that issue during the debate on the horse and greyhound racing fund, I am sure he will get another opportunity to bring his concerns to the attention of the Minister in the near future.

Senator Ó Murchú joined those calling for a debate on Northern Ireland and suggested that this House might have a role in some type of peace and reconciliation commission. I think it would probably be beyond our remit. We should certainly try to do anything we can to assist those who are helping families to achieve closure.

Senator Crown said that the State should be able to make a greater input in hospitals that make top-up payments under section 38 of the Charities Act 2009 and charities that make such payments under section 39 of that Act. I note his points and I will bring them to the attention of the Minister.

Order of Business agreed to.
Sitting suspended at 11.35 a.m. and resumed at 11.50 a.m.
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