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Seanad Éireann díospóireacht -
Tuesday, 8 Apr 2014

Order of Business

The Order of Business is No. 1, Building Control (Carbon Monoxide Detection) Bill 2014 - Second Stage, to be taken at 3.45 p.m. and conclude not later than 5.45 p.m.; and No. 2, Fines (Payment and Recovery) Bill 2013 - Report and Final Stages, to be taken at 5.45 p.m.

Under Standing Order 56, I propose an amendment to the Order of Business, "That the Attorney General be brought to the House for-----

(Interruptions).

Just because the Minister has the confidence of the Dáil does not mean he has the confidence of the people.

(Interruptions).

Please allow Senator Darragh O'Brien to continue without interruption.

The Attorney General has questions to answer as this matter has not gone away. The Leader will no doubt point out that the Government has agreed terms of reference for the independent inquiry. From what I have heard today, the inquiry may not take place for another year. Why else was the term "within 12 months" used? Under Standing Order 56, I am perfectly entitled to table an amendment to the Order of Business. I propose the following: "That the Attorney General come to the House to answer the questions I raised last week and to which we still have not received answers."

On a number of occasions other colleagues and I have referred to the crisis in adult psychiatric and mental health services in the city and county of Dublin. I am sure many colleagues will have read reports of individuals being left waiting for eight days in an accident and emergency department before a psychiatric bed was provided. This follows the much-needed closure of St. Ita's Hospital when we were promised 36 acute beds and other facilities in Beaumont Hospital. None of us can stand over circumstances in which psychiatric patients with grave mental health issues are waiting for eight days in accident and emergency units. Psychiatrists in the Dublin area raised this issue with the Minister of State with responsibility for mental health services, Deputy Kathleen Lynch, in a letter sent some weeks ago. I raised the issue several months ago when I referred to the Curám centre in Swords, the largest catchment area in the Dublin region. The Minister of State has not responded to the letter and neither she nor the Minister for Health, Deputy James Reilly, has commented. While we have had useful debates on this issue in the House, I find that the Minister of State almost sets out to placate Senators by stating she is doing her level best. On her most recent visit to the House, I put it to her that she was failing in her job. There is no question that she is failing her responsibility to psychiatric patients, particularly in the Dublin region. We need an urgent debate to find out what she proposes to do. Has she set aside A Vision for Change?

Does it mean anything at all anymore? If they were present, the patients who are obliged to wait eight days in the accident and emergency department at Beaumont Hospital before they are allocated psychiatric beds would inform the Leader that the Minister of State was failing them absolutely. She must come before the House and answer questions rather than, as has been the case on previous occasions, trying to plámás Senators and inform them as to her commitment. I am sure she is committed but results are what matters. I have raised this issue on numerous occasions and all I can say is the position is getting worse.

I welcome the state visit of President Michael D. Higgins to Britain. I know Senators on all sides will be extremely proud of Uachtarán na hÉireann today. The nature of the welcome extended to the President and the huge amounts of goodwill shown towards him on the streets of London and Windsor indicate that this is a genuinely good news story. There are two really positive aspects to his visit, the first of which relates to the issue of reconciliation between the North and the South and the two islands. Events such as the state dinner at which the Deputy First Minister, Mr. Martin McGuinness, will be present are a sign of progress and positive developments. As the President indicated, the visit will provide an opportunity to acknowledge and recognise the huge contribution members of the Irish Diaspora have made to England and, more generally, Britain. That is welcome. The President's visit to Coventry in the coming days will, in part, be a recognition and an important signifier of the fact that so many members of his own family emigrated in the 1950s. I just wanted to take the opportunity to mark the occasion of the President's visit to the neighbouring island.

I welcome the announcement by the Cabinet earlier today of the terms of reference of the commission of investigation that will be operating under the chairmanship of Mr. Justice Nial Fennelly. The Leader will respond to Senator Darragh O'Brien's request that the Attorney General be brought before the House, but I must state said request smacks of flogging a dead horse at this stage.

It should not do so. The Attorney General still has questions to answer. I previously stated I will raise the matter at every possible opportunity.

I did not interrupt the Senator.

Senator Ivana Bacik to continue, without interruption.

Senator Ivana Bacik's colleagues interrupted me. I am going to raise this matter every single day until the Attorney General comes before the House.

The Senator should allow Senator Ivana Bacik to proceed, without interruption.

Apart from anything else and as I pointed out last week, calling for the Attorney General to come before the House is an utterly futile exercise because she is subject to lawyer-client privilege.

(Interruptions).

She has not advised any Minister since last November.

However much I disagree with the Senator's silly gesture, at least I did not interrupt him when he was speaking.

So much for the Labour Party's transparency.

We now have a chorus among those opposite.

Senator Ivana Bacik to continue, without interruption.

Now that I have a moment of silence I welcome the terms of reference of the commission of investigation. It is also welcome that the Joint Committee on Justice, Defence and Equality's almost unanimous recommendation to the Government has been accepted and that the commission will investigate correspondence routes within the Department of Justice and Equality, particularly that taken by the letter sent by the former Garda Commissioner to the Department on 10 March. It is also welcome that it will investigate the events leading up to former Commissioner Callinan's departure. It is apt that those two issues, which the joint committee specifically requested should be investigated, have been brought within the commission's remit.

Senator Darragh O'Brien stated the commission of investigation would not be established for 12 months. If he examines the terms of reference-----

I do not know why the Senator is addressing her remarks to me. She has stated she does not want me to interrupt her, but she keeps asking me questions.

-----he will discover that it is to report to the Government no later than 31 December 2014. I think there is a misunderstanding on the Senator's part.

It is nine months then. That is okay. I will correct the record.

The Minister of State, Deputy Kathleen Lynch, has been doing a superb job and defended the spend relating to psychiatric and mental health services. She has managed to ensure the relevant funding has been ring-fenced. I am sure all Senators are very much aware of the contribution she has made.

She has come before the House on many occasions to discuss this matter.

I also commend Uachtarán na hÉireann for his visit to Britain. I pay a particular tribute to Her Majesty, Queen Elizabeth II, for the role she has played in this matter. The Queen has strong Irish roots, being a direct descendant of both Brian Boru and the rebel Earl of Tyrone, Hugh O'Neill. Her mother always personally presented shamrock to the members of the Irish Guards on St. Patrick's Day. Queen Elizabeth II has been the motivating engine behind the current rapprochement since it began during the term of office of former President Mary Robinson. We ought to honour and pay tribute to her, particularly in view of the fact that she lost members of her family to the appalling violence which occurred on this island in the past. For her to invite the Deputy First Minister, Mr. Martin McGuinness, to the state dinner at Windsor Castle shows a remarkable openness on her part. She is a great woman and we should pay tribute to her.

In the context of the commission of investigation, Mr. Justice Nial Fennelly is a most distinguished judge, but he will be hampered by the terms of reference that have been announced. The terms of reference should be broadened.

That is not just my opinion but also that of the Irish Council for Civil Liberties. The terms of reference should be broadened to take into account the Cooke review on GSOC bugging and the Guerin review on the whistleblower allegations. Without that, whatever findings the excellent judge comes up with will be incomplete.

I refer to a matter which has troubled me for a long time, namely, the mass collection of electronic data from messages of various kinds, including telephone messages and e-mails. I do not use computers and do not know the exact terms. We are extremely lucky to have voluntary groups like Digital Rights Ireland which took a case in the High Court to protect citizens. Every message sent between citizens, including confidential messages, were recorded and held for two years. It is utterly shocking. A group of concerned citizens took an action in the High Court and asked, owing to the ramifications, for the matter to be transferred to the European Court of Justice in Luxembourg. In an historic announcement, the European Court of Justice has published its judgment and found that the EU directive in this regard is completely wrong and must be reversed. The press release states: "[T]he fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the persons concerned a feeling that their private lives are the subject of constant surveillance." I agree. This is happening all over the world. Thank God for people like Mr. Edward Snowden. This is the first significant judgment in the aftermath of Snowden's revelations. I pay tribute to him and the other whistleblowers. We in Seanad Éireann should take note of the judgment, particularly those of us who protested when the directive went through.

I refer to the proposed closure of a vital service in my local area of Dundalk. Women's Aid proposes to close its Dundalk centre in June due to financial constraints. If the closure goes ahead, the Louth, Cavan and Monaghan region will be operating at 57% below the Council of Europe's recommended level of refuge provision, which is extremely serious. I met representatives from Women's Aid to discuss the announcement and assure the organisation of my full support. In recent years funding for the service has been reduced dramatically. It is an issue I have raised inm the course of the past year as the closure has been contemplated. In speaking with representatives of the service, I am certain the proposed closure is a last resort. Everyone who works in Women's Aid in Dundalk has done his or her best to avoid this outcome but cannot continue to provide the level of provision if there is a massive cut to the funding. I sent a letter to the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, on the issue in July 2013 and raised it on the Adjournment. I have written to the Minister again to seek an urgent meeting. It is very difficult for many women and children to leave domestic abuse situations. It takes tremendous courage to seek aid. When a service such as Women's Aid in Dundalk closes, there is one less refuge where those women and children could be cared for and made safe. The funding of this service is an incredibly urgent issue and I call for a debate on it. I ask that the Minister come to the House to address it.

I second the proposal by my colleague, Senator Darragh O'Brien, to amend the Order of Business. The Commissions of Investigation Act was not intended to provide for purposes of political obfuscation. The issues in this case can be dealt with purely by ascertaining the facts from those who know precisely what went on.

I ask the Leader to arrange a debate at an early stage on the United Nations. I raise the matter in the context of Rwanda and the commemoration this week of the tragic events of 20 years ago when 800,000 to 900,000 people were savagely murdered in a genocide as the world stood idly by and the United Nations, to its discredit, did nothing. I commend General Dallaire's book to anyone with an interest. He was the Canadian general in charge of the United Nations force in the country at the time. He was unable to obtain approval to intervene to stop the killings.

He subsequently had a mental breakdown and a great deal of this is in his book. In that regard, I also recall a good friend of mine who was Minister of Gender and Family Promotion in Rwanda, the late Senator Aloisea Inyumba. I was in her company two or three years ago before she died when Bill Clinton, the former United States President, told her how sorry he was for his failure to intervene in that bloody, appalling episode in Rwanda. He proffered that it was the biggest regret of his presidency. She was probably one of the most principled and patriotic politicians it was ever my privilege to meet. What was in her was probably what was in the founding fathers of this State who had that patriotic zeal for service and a lack of self-interest. If we could all today be imbued with some of that spirit, this country would be a better place and we would not be setting up commissions of inquiry either.

I join Senator David Norris in wishing every success to President Higgins on his state visit to the United Kingdom and Queen Elizabeth II. It was an emotional moment at 12.22 this afternoon to hear Amhrán na bhFiann being played by the band of the Irish Guards in Windsor. It brought hope of better times to replace so much sadness in Anglo-Irish relations.

A most useful meeting of the North-South Inter-Parliamentary Association was held in Stormont on Thursday and Friday last which was expertly chaired by the Cathaoirleach and the Speaker of the Assembly, Mr. William Hay. The association will return here in October. In thinking of the improvements in relations, one must pay tribute at all times to former Presidents, McAleese and Robinson, who paved the way and to Queen Elizabeth II who has been there throughout this period and who suffered sad losses herself.

I welcome to the Visitors Gallery Dr. Cormac O'Dea from the Institute for Fiscal Studies in London by way of Cambridge and Trinity College Dublin. He is one of our increasingly distinguished economists. Yesterday, Professor Louden Ryan celebrated seven decades as a scholar in Trinity College Dublin. He was always at the side of Dr. T. K. Whitaker in the reform of the country's economic policies and he made a most valuable contribution. He is a native of Portadown and he truly served the island of Ireland. We depend on such people to help us in our present difficulties.

I welcome the progress in dealing with MRSA by hospitals. A total of 19 hospitals had no cases of MRSA in 2013, which is a major improvement on a number of years ago. The total number of cases decreased from 550 in 2006 to slightly in excess of 200 in 2013, and long may that progress continue. We all have a part to play when entering hospitals or other medical facilities to use the disinfectant provided and to ensure we do not bring infection in with us. It is important to get that message across.

I tabled a question to the Minister for Health at last week's meeting of the Joint Committee on Health and Children about vacant consultant posts. According to the reply I received, it appears 12% of all hospital consultant posts are vacant. A total of 253 out of 2,029 are vacant in HSE hospitals. I do not have the figure for voluntary hospitals, but I am sure the percentage is similar. This means that more than 300 consultant posts are vacant. This matter needs to be examined urgently and we need to debate how it can be tackled. We are competing on the world market with Canada, the United States, the United Kingdom, Australia, the United Arab Emirates and other countries to recruit highly qualified medical personnel. It is time we examined how we can respond to the vacancies and the posts that are advertised, for which suitable candidates do not apply.

I ask that we have a debate on the issue in the not too distant future.

Ba mhaith liom gach dea-ghuí a ghuí ar Uachtarán na hÉireann, Micheál D. Ó hUigínn, ar a chuairt stáit chuig an Bhreatain. Is cinnte gur ócáid iontach stairiúil í agus tá súil agam go mbeidh gach rath air. Ba mhaith liom freisin tréaslú le Martin McGuinness a ghlac leis an gcuireadh freastal ar an ócáid agus sílim gur céim dhearfach chun cinn í sin. I acknowledge that the Leader made great efforts in the past to make contact with the First Minister and the Deputy First Minister in the North to offer them an opportunity to speak in the Seanad. He certainly wishes that to happen at some stage. Perhaps the historic events occurring in the next couple of days will be an inspiration to move this process forward. Perhaps the Leader might use his good offices to explore the possibility once more. A debate here with both the First Minister and the Deputy First Minister could be very useful. I hope they will accept the invitation this time around.

It is welcome that the commission of investigation into the Garda taping controversy will examine the circumstances surrounding the resignation of former Garda Commissioner Martin Callinan and that it will focus on the Garda investigation into the death of Sophie Toscan du Plantier. That Mr. Justice Nial Fennelly will complete his final report by the end of 2014 is also to be welcomed. It would be useful, however, if we could have a debate on the terms of reference of the commission of investigation. I note that the Irish Council for Civil Liberties has said this examination is a missed opportunity in that the terms of reference effectively restrict Mr. Justice Fennelly to examining allegations of illicit taping in Garda stations and possibly in prisons. The council recommends that Mr. Justice Fennelly's terms of reference be amended to invite him to take account of two other reviews of An Garda Síochána and its oversight, namely the Cooke review into the Garda Síochána Ombudsman Commission bugging and the Guerin review into the whistleblower allegations. It might be useful for us to debate whether the terms of reference should be broadened and whether we might make that recommendation. Más féidir linn dul an bóthar sin, bheadh sé sin ar fheabhas.

I support Senator Mary Moran's call for a debate on domestic violence experienced by women and the wider issue of the funding of alternative accommodation, including refuge accommodation, for such women. In 2012, 14,792 people reported to the Women's Aid national freefone helpline that they had experienced domestic violence. Senators dealing with these circumstances will know that one of the major difficulties affected women face is the inability to find somewhere else to live. They may have no viable housing alternative. A major difficulty is that many of the women are actually co-owners of the family home. Although the family home may be in significant negative equity, it restricts the woman from being designated as in housing need and restricts access to rent supplement payment very severely. This basically means the women are utterly trapped and have nowhere to go. Could we broaden the debate slightly to include the Minister for Social Protection, Deputy Joan Burton, in that the lack of payments made by her Department prevents many women from escaping very severe domestic violence?

I express my satisfaction with the events occurring in England today. The state visit is a very happy occasion. It is great that we have arrived at this point.

Farmers face challenges in respect of existing farm tax reliefs. Many of the reliefs are very generous but circumstances can arise where farmers face prohibitive tax bills on the death of a cohabiting sibling, simply because the farm is in the name of that sibling. In some cases, the surviving sibling farmer could be subject to an inheritance tax threshold as low as €30,150, above which he or she would be exposed to a severe tax bill. I would like the Minister for Agriculture, Food and the Marine to clarify whether this can be the case. It does not arise in all circumstances. It depends on the means of the surviving sibling.

There is a concern that some people could face a prohibitive tax bill. I ask the Leader to raise the matter with the Minister, to establish whether this can be the case, whether it can be addressed in the context of this year's pre-budget Estimates and, if necessary, that he would come into the House to deal with the matter.

In the recent media blitz by the Minister for Health surrounding the proposed health insurance scheme he said that the current average cost of health insurance is €920. He also said there was no evidence that costs would be higher under universal health insurance. Let us consider the position in the Dutch system which the Government wants to emulate in large measure. A family with a combined income of under €50,000 a year paid almost €11,500 in health costs in 2012. Therefore, the Minister's reassurances are not very reassuring. It seems that - at this point in any case - the Minister has not got a clue about the cost and that everything that we have heard is pure speculation. It also seems to me that a Minister who cannot even stick within his own health budget - he called a €200 million HSE budget overrun a great achievement - will not enjoy the confidence of people when he reassures us that the costs are not going to skyrocket. I worry that there will be accountants, actuaries, lawyers, technical consultants involved. I also wonder whether we will have another Irish Water scenario with a gravy train of public money flowing into the pockets of wealthy professionals.

Bathe them in water.

I would like to know whether the Minister thinks that there is any point in consultation in the absence of the facts and figures. People are asking how much will all of this cost and will it make them poorer rather than look out for their health needs. We all want to see a system where everybody can access medical treatment equally, but we are not reassured because the real problem is the shortage of junior doctors, the lack of nursing beds, the closure of wards and so on and it has not been addressed.

There is no water.

I join colleagues in wishing President Michael D. Higgins well on his historic visit to the United Kingdom today. It is a wonderful day that finally cements the close relationship that has developed between our two nations in recent times. On this historic day it is important to remember all of the people who lost their lives during the Troubles since the early 1970s. I applaud the many people who played their part in bringing us to this historic day. I am thinking of everybody from the people involved the Sunningdale Agreement right through to recent times and we must also remember all of the former Taoisigh and politicians from both the North and the South who got us to this very historic day.

I join in welcoming the publication by the Government of the terms of reference for a commission of investigation to be known as the Fennelly inquiry. Everybody who looks at the matter impartially will agree that the terms of reference are very wide ranging. I would like Mr. Justice Fennelly to reach his conclusions at the earliest possible date and well within the 12 months mentioned. What is really worrying about the events in Cork and the death of Sophie Toscan du Plantier - a case which has been lost sight of in recent days - is that there is a murderer on the loose who killed that innocent woman in west Cork back in 1996. I call on the Garda to reopen the case and redouble their efforts to ensure whoever was responsible for the murder of that innocent woman at Christmas 1996 will be brought to justice as a matter of urgency.

I wish to say to the Leader that it is time to assess the effect that cuts and austerity have had on the economy. It appears that ECB President Draghi has seen the light and is of the view that austerity is not working. We can really see the effect that austerity has had on rural economies and rural Ireland, in particular. In that context, Teagasc has just published a wonderful report entitled, The Economic Structure of Towns in Ireland, and it would be wise for us to debate it in the House.

It should be used to inform policy-making when we look at rural Ireland because I see a huge difference between how Galway city and how rural towns are working and faring. Rural towns are dying on their feet but, thankfully, Galway city is thriving. We should try to ensure that everybody gets a fair crack of the whip.

The second aspect to the debate on the economy I would like to see is the impact of tax policies which prohibit entrepreneurship and job creation. Our high levels of VAT must be questioned. It is not right that there are different levels of VAT in the United Kingdom, including Northern Ireland because it is part of the island of Ireland. On a historic day like today, it would be nice if our levels of VAT were the same so that we were not driving people to one part of the island over another. Employers' PRSI must always be questioned as it is a tax on employment.

The owner of a business in Oranmore pointed out to me that shops on our streets pay rent and rates and it is impossible for them to compete with online shops. People ask if someone can match the online price of a garment and, if so, they will buy it. We need to have some incentive - it should be a VAT incentive as was done for the hospitality industry - to ensure shops stay open because they bring life to our towns and streets. To be fair, that entrepreneur is paying rent and rates which are used to keep local authorities going. It would be useful to have a comprehensive debate on the economy with these two aspects in mind.

I take the opportunity on this historic day to join colleagues in wishing President Higgins and Mrs. Sabina Higgins well on their trip to the United Kingdom and share in the optimism generated by this trip. I spent a large portion of my adult working life in the United Kingdom and as my children were born there, I very much appreciate what this visit might mean. I very much saw the change in attitude to Irish people in the years in which I was in the United Kingdom and certainly things have changed. I share President Higgins's observation that we do not have amnesia in the midst of the optimism and that somehow we need to combine the optimism and the memories to forge a new path in our relations with our nearest neighbour.

On a separate note, I take the opportunity to ask if the Leader would, on behalf of the House, write to the acting Garda Commissioner, Ms Noirín O'Sullivan, to ask if Garda Sergeant McCabe could have PULSE access restored to him. Every day that passes in which he does not have access is to suggest further that what he did was not correct. I see it as a form of sentence without any trial, although he has had some class of a trial. Whatever about the investigations and commissions, which I welcome, for that individual it seems to serve no further purpose that he be left trying to function in his job without that access. It is something the acting Garda Commissioner might see fit to restore. I know she has referred to it, but I have not seen any action thus far. I ask that the Leader write to her on our behalf to make that happen.

It is an historic day, of which we should all be very proud. I am reminded, in particular, of the late former Senator Sam McAughtry who died approximately ten days ago. I am not sure if we will have an opportunity to pay tribute to him, but he was a Member of this House. I was here when he joined us in 1996 and spoke so strongly. He described himself as a hybrid Unionist and stated, "I am happy to live in the United Kingdom but I am happier still to be Irish and to proclaim my Irishness." In the time he spent in this House, he showed his energy and enthusiasm. He died at 91 years of age. I kept in touch with him for some time after he left the House. He left school at 14 years of age and he represented that Northern Protestant voice that we do not hear too often. He had no further education after leaving school at 14 years of age but ended up writing ten books which succeeded very well. It was his energy that created the peace train about which are perhaps inclined to forget.

The organisation that he established helped to maintain the railway line from Dublin to Belfast which was often damaged by IRA activities. This is an occasion of which he would have been very proud. I am sure he was very proud that it was coming. We should be very proud also.

I wish to follow up on Senator Fidelma Fidelma Healy Eames's point about high rates of taxation. I discovered this week that Ireland had the highest rate of inheritance tax in Europe. It is almost the highest in the world. It is six times the rate in Italy and double that in Germany. I mention this not to show great sympathy for people who die with a lot of money and whose children have to pay inheritance tax but because I am concerned that it inhibits investment. When the rate was reduced approximately 15 years ago, it created investment. There had been an unfair imbalance in investment in industry between Britain and Ireland, but the Government reduced the rate over a number of years and thereby created a large number of investments. Our rate is six times that in Italy, twice that in Germany and above the European average. I read in a newspaper recently that Ireland had the highest death taxes in the world. On that basis, we should have a debate at some point on taxes in general. I refer not only to the taxes mentioned by Senator Fidelma Healy Eames but also to inheritance tax.

It is an incentive to stay alive.

Senator Darragh O'Brien has, once again, proposed an amendment to the Order of Business to bring the Attorney General to the House. I repeat that a commission of investigation has been formed and its terms of reference have been agreed to at this stage. Mr. Justice Fennelly has been directed to report to the Government not later than 31 December. I do not propose, therefore, to accept the Senator's amendment to the Order of Business.

The Senator also spoke about mental health services. He previously proposed that the matter be referred to the Seanad Public Consultation Committee and it was agreed to do so, but that proposal was withdrawn.

I do not know whether the Senator wants to go back to that proposal.

I want the Minister of State to do her job.

The Minister of State, Deputy Kathleen Lynch, has been in the House on many occasions to deal with mental health services. She is addressing the issue in the best way she possibly can. The funding is in place. One does not change systems such as this overnight. That does not happen. The Minister of State is doing the very best she possibly can in difficult circumstances. If the Senator wants any of the specific items to which he referred to be dealt with, I suggest he table an Adjournment matter.

Senator Ivana Bacik and many other Senators welcomed President Higgins's state visit to the United Kingdom. It was wonderful to see the Tricolour and the Union Jack flying side by side in Windsor and on many streets in London. Many years ago people dreamed that this would happen. Perhaps we should dream that we might see something similar happen in the years ahead - I hope not too many years away - the Tricolour and the Union Jack flying on the Shankill Road and in west Belfast. That is unthinkable now, but what we are seeing today was unthinkable many years ago. Let us hope and dream that this will come true in the years ahead.

Senators

Well said.

Senator David Norris complimented Her Majesty the Queen on her part in ensuring this day would happen. She is certainly to be praised, as are all of the other actors in this regard, including former Presidents of this country.

Senators David Norris and Trevor Ó Clochartaigh spoke about the terms of reference for the commission of investigation, which I consider to be comprehensive and wide-ranging, a point also noted by Senator Trevor Ó Clochartaigh.

I note the call made by the Irish Council for Civil Liberties for more items to be included, but this will be a very comprehensive report and the terms of reference are very significant. They include many items that Members last week suggested should be included but which they thought would not be. However, they are included. We have an excellent judge in Mr. Nial Fennelly and hope he can have the report by 31 December.

Senators Mary Moran and-----

Will the Leader refer to the judgment of the European Court of Justice on the retention of data?

I do not have any information on that matter. However, I note the Senator's point about the judgment. If we can obtain further information on it, we will certainly come back to the House with it.

Senators Mary Moran and Aideen Hayden referred to the closure of the Women's Aid office in Dundalk and raised the general issue of domestic violence. I know that Senator Mary Moran raised this subject on the Adjournment last night. I suggest she raise a further matter on the Adjournment to receive an update on the availability of funding. In the meantime, I will try to arrange a debate with the relevant Minister on the issue of domestic violence.

Senator Jim Walsh called for a debate on the United Nations and spoke about the need to mark the 20th anniversary of the atrocities in Rwanda. I compliment RTE on its recent excellent coverage of these dreadful events.

I note Senator Sean D. Barrett's points about the President's visit to the United Kingdom and the work of the North-South Inter-Parliamentary Association, a meeting of which he attended last week. The work of this body is very important is fostering good relationships between the two countries, on which it is to be complimented. We need to progress its work in the coming months.

Senator Colm Burke spoke about the significant reduction in the number of cases of MRSA in hospitals, which is to be welcomed by all. He also outlined the difficulties in the recruitment of hospital consultants. It is a problem for many hospitals and there is a need for a debate on the issue. I will try to get the relevant Minister to come to the House to discuss it.

Senator Trevor Ó Clochartaigh spoke about inviting the First Minister and the Deputy First Minister to address the Seanad. I will certainly renew my invitations to both of them to visit the Seanad. Perhaps after the visit of the President to the United Kingdom, it might be appropriate to issue them again.

Senator Rónán Mullen spoke about the difficulties experienced by some farm families in respect of inheritance tax. I am told that if a child dies and the farm is returned to the parents, land to the value of €2.25 million is not liable to tax. I suggest the Senator raise the matter on the Adjournment to receive a more comprehensive reply. He knows that the White Paper on universal health insurance has been published. It is a discussion document, on which I am sure we will have many discussions in the coming months.

Senator Michael Mullins referred to the case of Sophie Toscan du Plantier. The case is still open and gardaí will continue to investigate it until the murderer is brought to justice.

Senator Fidelma Healy Eames spoke about the Teagasc report on rural towns and suggested we debate the matter in the House. We will certainly look at that suggestion. She also spoke about VAT levels.

However, they are a budgetary matter for the Minister for Finance who I am sure will consider any suggestion the Senator has to make.

Senator Susan O'Keeffe referred to the PULSE system and Sergeant McCabe. That is a matter for the acting Garda Commissioner and I have no intention of interfering with her work in that regard.

Senator Feargal Quinn recalled the words of the late former Senator Sam McAughtry, which were apt. We will have tributes to the late former Senator at some time in the future.

I also noted Senator Feargal Quinn's point that Ireland had the highest rate of inheritance tax not only in Europe but also the world and that this was inhibiting investment. When the public finances are back in a proper state of repair, I am sure issues such as this will be considered by the Minister for Finance at budget time.

Senator Darragh O'Brien has proposed an amendment to the Order of Business, "That, in accordance with Standing Order 56, the Attorney General attend the Seanad today to discuss the taping of telephone conversations in Garda barracks." Is the amendment being pressed?

Amendment put:
The Seanad divided: Tá, 13; Níl, 21.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Daly, Mark.
  • Mullen, Rónán.
  • Norris, David.
  • Ó Clochartaigh, Trevor.
  • Ó Domhnaill, Brian.
  • O'Brien, Darragh.
  • O'Sullivan, Ned.
  • Power, Averil.
  • Quinn, Feargal.
  • Walsh, Jim.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Burke, Colm.
  • Coghlan, Eamonn.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • Hayden, Aideen.
  • Henry, Imelda.
  • Keane, Cáit.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • Sheahan, Tom.
  • van Turnhout, Jillian.
  • Whelan, John.
  • Zappone, Katherine.
Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Aideen Hayden and Michael Mullins.
Amendment declared lost.
Question, "That the Order of Business be agreed to," put and declared carried.
Barr
Roinn