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Seanad Éireann díospóireacht -
Tuesday, 10 Nov 2015

Vol. 243 No. 4

Order of Business

The Order of Business is No. 1, the Assisted Decision-Making (Capacity) Bill 2013 – Second Stage, to be taken at 4.45 p.m. with the contributions of group spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes.

The Cathaoirleach will have been aware of job losses in recent days at Aurivo, a co-operative in the north west. Against its own ethos, Aurivo now plans to produce butter in Cork instead of Connacht. It was originally the North Connacht Farmers' Co-operative Society. In addition, 37 jobs will be lost at Avantcard. If we add up all the retail businesses, restaurants and bars in the small towns of the north west, we can see many hundreds of job losses that have not reached the national media in recent times.

I am calling for the establishment of a strategic employment task force for that region, a proposal I am sure is supported by many colleagues throughout the north west. Some 46% of Ireland's total GNP is produced in the greater Dublin region. This is not sustainable for the Dublin region and is not fair on the rest of the economy.

I would like to see the establishment of a strategic employment task force with clear powers in respect of strategic investment in broadband, motorway infrastructure and the urgent development of the north west university of technology. These are three tangible inputs, as opposed to glossy brochures filled with promises, that can take pressure off this region which is responsible for almost 15% of our national GNP and create much-needed employment in the north west. It is not too much to ask for. Indeed the same could be done for the Leader's region and some of the pressures taken off the greater Dublin area.

This is urgent and should be done. It should not just be a strategic task force in name only but should be one that is empowered and provided with the significant resources that are required to do those three things: broadband, motorway infrastructure and the university of technology for the north west. These are three issues of access: education, transportation and information technology. I ask the Leader to take that on board and pass it on to the Taoiseach.

The main point I want to raise today concerns the commission of inquiry into IBRC. It is simply not credible to this side of the House that the Department of Finance, the Taoiseach and the Minister for Finance are saying that problems only emerged last Thursday relating to whether or not documentation or evidence would be treated as private in the context of documentation provided to Judge Brian Cregan by the Department of Finance or IBRC. I have a copy of a newspaper article from 22 August 2015 written by Cliff Taylor.

The headline read, "Legal issues could delay statutory inquiry into IBRC". Clearly, it is not credible for the Taoiseach, the Minister for Finance and his officials to claim that they were unaware of these issues until last Thursday. That is factually incorrect. What is the position as things stand? How quickly can emergency legislation be introduced to ensure this work can be completed by the end of the year? Clearly, there was advice from the Attorney General. I suggest the State would benefit from that advice being published, given that almost €1 billion of the people's money is involved. Perhaps there is nothing to see, as Ministers have suggested, but evidence elsewhere in the public domain gives us cause to wonder. At an absolute minimum, the people are entitled to know why a write-down of €119 million was afforded in the context of the sale of Siteserv.

Obviously, the commission of investigation is also to investigate 37 other IBRC transactions of over €10 million. It is imperative that the Siteserv transaction, in particular, be fully investigated and the outcome published in advance of a general election. With due respect to the Government, the Minister for Finance, the Department of Finance and IBRC, the people are entitled to know how €119 million of its money was potentially thrown away and squandered by the actions of departmental officials, the Minister, people in IBRC, the receivers or whomever. I ask the Leader to impress this point on the Taoiseach in the first instance. As soon as is humanly possible, we should debate the issue in the House.

It is welcome that we are taking Second Stage of the Assisted Decision-Making (Capacity) Bill 2013 today. It is long-awaited legislation and I know that it will receive a broad welcome from everyone in the House, as it did in the Dáil. I know that we will have a full debate on it.

I also welcome today's announcement of the new package of housing measures to give some rent certainty to tenants. It has just been published and is entitled, Stabilising Rents: Boosting Supply. The Minister for the Environment, Community and Local Government, Deputy Alan Kelly, has described it as a significant overhaul of tenants' rights. I know that colleagues will very much welcome that we will see real protections for tenants, in particular, an increase in the rent review period to two years. There must be at least 24 months between all rent reviews. Therefore, if somebody has had his or her rent increased in 2015, he or she will not see another increase until 2017. That will be inserted in legislation. As has been heralded, we will also see a requirement for landlords to sign a statutory declaration of intent to sell to avoid any abuse of procedures in raising rent. We will see new procedures in dealing with rent arrears. We will also see some tax relief measures to assist landlords and increases in some of the housing assistance payment limits. It is a really welcome package of measures and some doubted if it could be put in place. Senator Aideen Hayden, in particular, staunchly said for some time that we would see a decent, adequate and effective package of measures put in place. It is welcome that we have it today. I hope we will have an opportunity to debate these measures in more detail once we have had a chance to absorb the measures to be put in place, noting, of course, that nearly one in five families is in private rented accommodation and that, therefore, we need an overhaul of the private rental sector.

I certainly welcomed the establishment of the commission of investigation into IBRC transactions, about which issues had been raised in the other House. The issue that has come to the fore puts the spotlight on the 2004 Act. The difficulty is that there was no better mechanism to carry out the inquiry that needed to be carried out into these transactions. The net point that has arisen concerns a difference of legal view on whether the commission has the power to overrule the confidentiality of documents in the public interest of disclosure. Mr. Justice Brian Cregan is reported as having accepted the legal view of the special liquidators for IBRC that there was no such express power. It has certainly been reported that he accepts that there is an inherent power to conduct a balancing exercise for the chairperson of the commission.

Indeed, the Department of Finance and the former Irish Bank Resolution Corporation, IBRC, directors and management apparently have legal advice to that effect, namely, that the commission does have the power to override implicitly. We should recall that the process of commissions of investigation was set up in 2004 to replace the costly and cumbersome tribunals of inquiry. Previous commissions have been hugely successful in inquiring into delicate and sensitive matters around, for example, child sex abuse in institutions, and have navigated the balance of interests in these procedures. Of course, any commission of investigation is always subject to legal challenge by individuals who may be affected. I would urge a word of caution to those rushing to judgment. I do not believe there was an alternative mechanism that could have been put in place to effectively investigate these transactions. I believe the commission of investigation is the right method. Nobody can rule out the prospect of individuals taking a legal challenge to any commission of investigation.

I would like to raise the question of the forthcoming Seanad by-election and point out that it is a complete and absolute farce. It highlights the utter inability, or unwillingness, of the Government to take on board any question whatever of Seanad reform. There is an electorate of a couple of hundred voters, almost entirely from political parties, who are directed by head office on what way to vote. In other words, it is a nomination process; by no stretch of the imagination is it an election. For that reason, it is very regrettable that we have this in the dying days of Seanad Éireann.

I listened to a debate between three of the candidates on "The Late Debate". There was a very articulate young woman from Sinn Féin, a decent doctor from the west and Mr. Beades. I thought they were excellent and the debate was terrific. It was a real vote of optimism and hope in the Seanad that people of this calibre should put themselves forward. Of the fourth candidate, there was no sign whatsoever of Ms Maíria Cahill who is a nominated person for the Labour Party.

That is not a matter for the House and the Senator should not refer to people who are not Members.

It most definitely is, a Chathaoirligh. How could you possibly maintain that? This is a matter of who will be elected to this House. Of course, it is appropriate.

It is not a matter for the Order of Business.

It is completely appropriate.

There was no standing from this woman at all. Questions have been raised about her involvement with dissident republicans.

On a point of order-----

There has been no explanation, whatsoever. I have received a communication from one of the sisters of Robert McCartney asking for an investigations into this matter in advance of the election.

Senator Norris, I have called Senator Bacik on a point of order.

I understood there was a convention in this House that we do not name or cast allegations about people who are not currently present. I ask the Senator to withdraw his comments.

Senator Norris knows the rule quite well.

I have made my point and it is one on which I feel very strongly. I have also been attacked by this person on social media for daring to nominate somebody else.

Today, I visited the Clerys workers outside the Department of Jobs, Enterprise and Innovation. I would like to endorse their demand that the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, should effect a change in the law to ensure that employers must engage in a 30-day period of consultation with employees before redundancies can occur. If they fail to consult their employees, there should be consequences and that staff would still be entitled to wages. In addition, workers and unions should be able to apply to have company directors who act in this abominable fashion disqualified for at least five years.

I do not want to steal Senator Mary Moran's thunder this afternoon but I want to congratulate Dundalk FC on winning the double, the FAI cup and league, on Sunday, the first time in 27 years. I congratulate all concerned.

Since statistics began, 38,500 people have been killed on our roads, of which 23,700 were in the Republic and 14,700 in Northern Ireland. These are alarming and frightening statistics. On Sunday next, people from both North and South will come together to remember all the lives lost on the roads of this entire island.

Thankfully, many lives have been saved and injuries prevented as a result of the collaborative work of road safety agencies on both sides of the Border in recent years. It is fitting, therefore, that we come together on World Day of Remembrance for Road Traffic Victims to remember those who tragically died on the roads and think of their families. Many generations and thousands of families, including my own, have been devastated by the grief of loss and the heartache of road tragedies. We must all play our part to do everything possible to prevent this loss and suffering from touching more lives. We all have a responsibility to make the roads safer. In addition to those to those who lost their lives, thousands more have suffered serious, life changing injuries. The world day of remembrance will remind us of how easily tragedy can happen but by making small changes to our own behaviour on the roads, we can all help to prevent future tragedies. The number of people killed on the roads since statistics began is the equivalent of the population of Drogheda or Dundalk, which is alarming.

I am curious to know when it is proposed to take the Social Welfare Bill 2015 which is currently going through the Dáil.

Like Senator Terry Brennan, I congratulate Dundalk FC on achieving a fantastic double by winning both the league and the cup, culminating in the cup final win in the Aviva Stadium on Sunday last which was attended by more than 25,000 people, the majority of whom were from Dundalk. It has been 27 years since the club last achieved the double and it was worth the wait as most of the people of Dundalk and surrounding areas attended the match to cheer on the Lilywhites. It was also great to see some long-time supporters there such as Dessie Casey, a man who is well known through both Dundalk FC and the FAI and who has been involved in the club all his life through thick and thin.

The Senator cannot name people in the House.

It was a remarkable achievement for a remarkable club which just three years ago was facing both relegation and bankruptcy. This is a story of what can be done when the right man is at the helm.

This is not relevant to the Order of Business.

I pay special tribute to the team and the manager who steered them to become the best in the country for the second year in a row.

Ba mhaith liom tacú leis an éileamh atá déanta le go mbeadh díospóireacht againn sa Teach seo maidir leis an "fiasco" a bhaineann le Siteserv. That the Government parties could state they were not aware of the issues around the inquiry into Siteserv and related matters was quite incredible as issues around the terms of reference for the commission of inquiry had been raised as far as back as June in the Houses. There were specific media reports in September on the particular issue that has arisen. It is an absolute disgrace that, when we have an issue as significant as this, with hundreds of millions of euro of taxpayer's money in question in the context of how the deals were made, the Government has botched it yet again. However, the Government parties were dragged kicking and screaming to set up the inquiry in the first place. It was pointed out previously that this inquiry was not fit for purpose. There are also concerns around other institutions such as NAMA.

The House has an important role to play and the person who should show leadership on this issue and come in to address the House is the Taoiseach. He should come to make a statement to clarify exactly what will be done to ensure the commission will be put back on the right track and that whatever legal impediments there are will be overcome as quickly as possible to make sure the Siteserv issue and related matters will be dealt with this side of a general election. The obvious claim being made is that the Government parties are trying to kick to touch, that they do not want the truth to come out and that this has been the track from day one.

It would be appalling if that were to happen. The matter is so serious that the Taoiseach should grace us with his presence in the House. He has not been here often but this issue is of sufficient magnitude that it should be addressed here as soon as possible by the Taoiseach.

I refer to the elections in Myanmar, formerly Burma. Aung San Suu Kyi has made tremendous progress in securing a move towards a democratic system. In the first speech I made to the European Parliament in 2008 I called for her release. She was under house arrest for over 21 years and was eventually released in 2010. It shows that taking the road of peaceful means and the democratic system is best. She should be congratulated for the work that has been done by the party with which she is working. May the change she is trying to bring about be achieved in the not too distant future.

I am aware that Senators are tired of me raising this matter on an annual basis, but in November the issue of the recruitment of junior doctors arises. A simple issue has changed for them over the last four to five years. In 2009, the average junior doctor was able to get approximately €1,900 every six months to go on training courses. That is now reduced to the provision of less than €2,000 over a four-year period. We are anxious to keep junior doctors in this country but we are not doing enough to achieve that. Junior doctors must train to progress their career. It is a very simple matter that could be resolved. It must be dealt with, particularly when one considers that more than six hospitals in this country are now paying doctors under agency contracts, with over 50,000 hours per annum under agency contracts. There appears to be no joined-up thinking for dealing with this issue. Very little progress has been made in the last four years since I first highlighted it.

We are burying our heads in the sand on this matter. There must be a review of what has been done, what can be done and how fast it can be done. It is important that the Minister come before the House to outline the plan to deal with this extremely important issue during the next 12 months to two years. We cannot get the doctors we require to provide the health care that is needed by the people of this country.

After the controversies surrounding the telephone licence, the IBRC, Siteserv and the National Asset Management Agency, NAMA, is it not time to establish that, as a general principle, we should sell assets openly? By taking the secret route behind closed doors, the insider dealings become tied up in knots and involve huge numbers of accountants and lawyers. Open auctions are superior. They are open, the transaction costs are low and the time lapse is much quicker. It is not out of the question to suggest that something be put on eBay or that an auctioneer be found to sell things. We have tried the hugger-mugger method for too long and it always becomes tied up in knots.

Regarding the powers at the centre of the current dispute, Members will have received copies of the Finance Bill and the explanatory memorandum relating to it. Regarding section 71, the explanatory memorandum states, "In particular, this Chapter provides the Revenue Commissioners with the power to seek records and documents from taxpayers and other third parties, including financial institutions." I do not know what is at stake in this regard but certainly the indication is that we must find a new way of selling these assets because it always appears to end up with insider dealing leading to political controversies. In addition, it takes far too long. Keeping it simple might be one of the ways we should proceed in the future. It appears there are powers in the Finance Bill to ask financial institutions to provide information. Certainly, my reading of the Bill, which will be brought before the House in a matter of days, is that bank accounts do not have the secret status that appears to be assumed in the current debate.

As Senator Bacik said, an agreement was reached by the Cabinet today regarding measures that will be put in place to provide what is termed a new deal for tenants and to provide better support for families who are facing homelessness.

I want to start by thanking colleagues on all sides of the House. I know many colleagues have made written representations on this issue to the Taoiseach and various Ministers. I would particularly like to thank our Fine Gael colleagues because, while the media have presented this as a Labour Party-Fine Gael battle, I know many Fine Gael colleagues have been behind the issue and very keen that a resolution is found. I also know the media have presented it as a very one-sided situation which is a new deal for tenants and nothing for landlords. I want to make the point that there are issues that will be in the package in terms of a better tax relief situation for landlords and improved operations of the PRTB, for example.

The fact remains we have discussed this in this House on many occasions. Tenants are being driven into homelessness because of rent increases, and that is the bottom line. The only question we have to ask ourselves here today is whether the measures that are being announced by the Cabinet are going to help or hinder that situation. I am absolutely confident they will help to stem the flow of people entering homeless services. That is the only question we have to ask. Does that mean we finish here? No, it does not. One in five Irish families lives in rented housing so it is a major issue going forward. More needs to be done in order to secure the future of those households, and I have personally asked the Minister, Deputy Kelly, to ensure we put in place a formal review in regard to the private rented sector. It is not the Cinderella of Irish housing any more. It is where a very significant number of Irish families live and will continue to live in the future.

I want to thank colleagues because I know representations were made on this issue right across the House to everybody concerned, in particular to Ministers, the Taoiseach and the Tánaiste.

I do not want to get into the Seanad by-election name-calling but serious e-mails have been sent to me and other Members of this House in recent days, and I think somebody somewhere needs to deal with them fairly quickly.

I rise today with respect to the Order of Business of 22 October, where Senator John Crown asked the acting leader of the day, Deputy Paul Coghlan, to amend the Order of Business to allow No. 51, the Seanad Electoral Reform Bill, to be taken before No. 2. The acting leader in reply said, "As I understand it, there is a Government implementation body and I am afraid I will not be able to accept the amendment." I am sure the acting leader spoke in all honesty, believing what he was saying to be true. However, a member of the public has contacted me and has had correspondence with the Taoiseach's office, asking questions about this implementation body. The reply from the Taoiseach's office is as follows:

I refer to your recent email to the Office of the Taoiseach, Mr. Enda Kenny, T.D., regarding the membership of the proposed Seanad Reform Implementation Body.

As you will be aware, the Taoiseach established an independent Working Group on Seanad Reform earlier this year and gave it a wide remit to propose Seanad reform within existing constitutional parameters. When the Group's Report was published, the Taoiseach welcomed it, saying it was innovative and radical and contained some far-reaching recommendations on the way members are elected to the Seanad and on how the Seanad should perform its functions and that there needed to be public and political discussion and consultation on it.

In that context, the Seanad debated the Working Group's Report On 5 May last and again on 8 July; also the Taoiseach met with the opposition party leaders in July to discuss its contents.

Arising from that meeting, the Taoiseach gave a commitment to having a debate in Dáil Éireann on the Working Group's Report. No decision has been taken in advance of the Dáil debate on the establishment of an Implementation Body on who the membership might be.

I do not believe anybody set out to deliberately mislead the House but we need to be told straight out whether there is an implementation body in place. If there is not, that needs to be made clear in the House today.

I want to support the comments made by Senator Hayden in welcoming the progress made to address the housing crisis, and I agree much more needs to be done.

I compliment her on her personal commitment and efforts to bring about a workable solution and see real progress made in addressing in a meaningful way the scourge of the housing crisis. Her record in that regard stands on its merits.

Senator Sean D. Barrett always makes very interesting comments and contributions which demonstrate a lot of common sense. I agree with him, as I would love to see the way of disposing of assets being much more open and transparent and it being done through public tender or auction. I assume the scale of the crash and the level of distressed assets must have been the reasons the previous Government established NAMA and for all of the difficulties we have seen since. In the cool calm of day I would like to have a debate in the House on the lessons to be learned from what happened and how we can avoid them in the future, as well as how we might deal with issues such as this if they were to arise in the future.

I support my colleague, Senator Terry Brennan, in welcoming the fact that the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe; the Minister in Northern Ireland, Mr. Mark Durkan, MLA, An Garda Síochána, the Police Service of Northern Ireland, local authorities and road safety groups are coming together to call on road users throughout the island of Ireland to reflect on the number of lives being lost on the roads as we mark international day of remembrance for road traffic victims. As the Senator said, 38,500 lives have been lost on the island of Ireland during the decades, which is a frightening statistic. We can all play our own small part in ensuring we heighten awareness. We have discussed the issues of drink-driving and speeding, but small things such as checking our lights, brakes and the state of our vehicles as we head into winter would certainly make a contribution. I urge people to attend the various commemorative events being organised throughout the country and ask all of us to think long and hard when we sit behind the wheel of a car. It is so easy to end our life or that of another person. This winter and Christmas we should ensure no family suffers the loss of a loved one through our carelessness or negligence.

I believe nominations for the Seanad by-election close tomorrow. Serious questions arise about the bona fides of one candidate, the candidate being nominated by the Labour Party.

That is not a matter for the House.

On a point of order-----

I am sorry; I believe I have the floor. I am not about to name anybody and I would appreciate it if Senator Ivana Bacik took her chair.

Senator Fidelma Healy Eames to continue without interruption. The matter is not relevant to the Order of Business.

I was raising a point of order.

What is the point of order?

I am raising a point of order because I believe the practice is that we do not identify people-----

Did the Senator hear me identify anybody?

-----and even without naming a person, he or she may be identifiable.

That is not a point of order.

The defensiveness of the Labour Party on this issue is telling in and of itself. I have one question. I was inclined to vote for the candidate, but now I have questions.

That is not a matter for the Order of Business.

Hold on one minute - what happens in this House is a matter for the Order of Business.

What happens in the House is, not candidates.

The people who take seats in the House matter. Their bona fides matter.

There is legislation which deals with all of these issues.

We have serious questions about one candidate's character and her previous associations.

There is legislation which deals with all electoral issues.

I am only asking the question. Perhaps the person is being done down.

The Senator should solve her own problems.

It is not a matter for the Order of Business. Does the Senator have a question for the Leader besides this issue?

I have a question. I ask the Deputy Leader to clarify the bona fides of the candidate in relation to previous associations.

That is not a matter for the Order of Business.

On a point of order-----

Will the Senator please resume her seat?

The Cathaoirleach has ruled that the matter is not in order.

It is not in order. Does Senator Fidelma Healy Eames have a question for the Leader, other than on what she is speaking about?

I do. Honestly, I really think it is absolutely appalling that Senator Ivana Bacik thinks she can rule over this House whenever she wishes.

On a point of order-----

What is the Senator's point of order?

My point of order is that it is not up to me or anyone else in the House to clarify the bona fides of anyone else. The Cathaoirleach has ruled that the matter is out of order.

I have ruled on the issue. Will the Senator, please, resume her seat? Does Senator Fidelma Healy Eames have a question for the Leader? She is out of time.

Let us hear it.

My question relates to very sick children in Galway.

Does the Senator have a question for the Leader because she is out of time?

I am dealing with the cases of three sick children, but the Cathaoirleach today and last week ruled out of order motions I wished to table. I was looking for those motions to be heard by the Minister for Health last week and the Minister for Children and Youth Affairs today.

I ruled those matters out of order due to repetition.

It was repetition. An answer had already been given to a Senator in the House.

The Senator should resume her seat.

The Cathaoirleach said they did not apply. These children are under 18 years of age.

The Senator is out of time. I call Senator Paul Coghlan.

This relates to the cervical cancer vaccine. Why are we hiding something? What have we got to hide?

Senator Mooney raised this very issue a number of days ago-----

It is absolutely time these children were assessed and treated.

-----and on several other occasions.

I call Senator Coghlan.

As ever, Senator MacSharry displays his ignorance and rushes in on a perceived populist line. I did note, however, that he prefaced his remarks today by referring to his home base and some Sligo issue.

A north-west issue.

A north-west issue.

I mentioned the south east as well.

I thought he mentioned Sligo but maybe I misheard.

Does Senator Coghlan have a question for the Leader?

Of course. We need to be reasonable about all of this. It was only last Thursday or Friday that the judge came to a conclusion on the matter. The Senator should not be distracted so much by speculation and half-baked idle gossip. Of course there was all of that over the past few months but we do not have to rise to any of it. The judge has come to a conclusion on the matter. There was legal argument, which we all understand. I have no doubt the right and correct mechanism will be found.

Has Senator Coghlan a question for the Leader?

The Cabinet gave the matter consideration and it will give it further consideration following the advice of the Attorney General. I urge the Senator more caution and less haste. We might make more progress that way.

I compliment Senator Hayden, as did my colleague Senator Mullins, on her efforts. I am delighted the Cabinet reached a conclusion on the matter dealing with housing and homelessness today.

It is not sorted yet.

We all know that hotels in Dublin have become very expensive. We have been hearing that across the board. I read with interest in the past few days that the journalist, Billy Keane, suggested hotels sign a pledge not to increase prices for certain events in this city. We are in the process of recovering from the crash. Hotels obviously suffered during it but no one benefits in the short term, other than the hotels, from huge prices being charged for particular events in the city and there is no long-term gain. The special 9% VAT rate for hotels introduced by this Government has been a major benefit to the tourism sector in general.

The Minister for Finance, Deputy Noonan, gave what was really a warning to Dublin hotels in the budget. One does not need to be the Minister for Finance to see that hotels are overcharging in Dublin on an ordinary day in many cases. However, when there is a special event on in the city, they seem to really go for it. Billy Keane's idea is a good one and I agree with it. It would be good if we were able to get hotels to come together and pledge they would not charge extortionate prices for certain events. We do not want to be shooting ourselves in the foot. The tourism industry has recovered and is booming. We do not want to get the international reputation for being a city, or a country, that is very expensive again. It took a long time to get rid of that reputation. Hotels are shooting themselves in the foot by this sort of behaviour.

Will the Leader bring to the attention of the Minister my concerns on the issue of whistleblower protection and the attitude towards those who point out deficiencies in the health service? This issue has been alluded to on a number of occasions but it is fairly obvious from recent events - I will not personalise the issue by mentioning the name of the doctor or the hospital - that there is still grave concern that there is a culture of shooting the messenger rather than dealing with the problem in our health service.

Perhaps we should schedule a debate in this House to discuss the issue of whistleblowing and have the Leader consider arranging one of our special sessions to examine some specific examples of whistleblower intimidation which have occurred.

I propose an amendment to the Order of Business that No. 48 be taken before No. 1.

Is léir go bhfuil bagairt an-mhór ann do theanga na Gaeilge san am atá i láthair, go háirithe sna ceantair Ghaeltachta. Tá an Ghaeilge i riocht níos laige agus níos leochailí anois ná mar a bhí sí riamh. I second Senator John Crown's excellent amendment to the Order of Business.

Caithfear aghaidh a thabhairt ar an bhfadhb thromchúiseach seo agus céimeanna praicticiúla a ghlacadh chun an teanga a chosaint agus a bhuanú. Ní mór sin a dhéanamh go práinneach, ach cén chaoi? Sin an cheist. Creidim gur chóir dúinn é seo a phlé sa Teach seo ach tacaím go mór leis an éileamh a rinne Conradh na Gaeilge ar na mallaibh maidir le coiste seasmhach Oireachtais ar mhaithe leis an nGaeilge agus an Ghaeltacht. D'fhéadfadh an coiste sin a chinntiú go gcomhlíonann an Stát a chuid dualgais reachtúla i leith an phobail agus go mbíonn na seirbhísí cuí curtha ar fáil ina theanga féin do phobal na Gaeltachta mar atá dlite dó faoin mBunreacht. Ina theannta sin, bheadh sé ar chumas an choiste céanna seo féachaint chuige go bhfuil dóthain cainteoirí inniúla Gaeilge sa Státseirbhís. Sin ceist mhór mar ní sin mar atá i láthair na huaire.

Although we often speak about it during the week in which St. Patrick's Day falls, Seachtain na Gaeilge and so on, the challenges facing the Irish language in the Gaeltacht and elsewhere in the country are ongoing. In that context, Conradh na Gaeilge's campaign to have a standing Oireachtas committee for the Irish language and the Gaeltacht is very laudable and one which I support. It is not a question of talking about the Irish language for the sake of it but of ensuring the State fulfils its statutory duties to the Irish-speaking public and those who wish to conduct their business through Irish. The State has a duty to ensure services are available through the medium of the people's own language, the first official language of the State. That is their constitutional right, as well as their human right. A full Oireachtas committee could help to achieve this objective. It really is important to ensure there are enough Irish speakers in the public service to provide for for people's needs and meet their aspirations. We often find that Government and public policy leaders speak out of both sides of their mouths in this matter. Everybody is for the promotion of the Irish language, but when it comes to providing the necessary resources and institutional change, we do not see it happen. I would like to see progress on this matter and think we should debate it in the House at the earliest opportunity.

Senator Marc MacSharry called for the establishment of a strategic task force for the north west. I will bring the matter to the attention of the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton. I remind the Senator that 125,000 jobs have been created. We still have a long way to go to reach the 200,000 jobs lost in the three years prior to the Government taking office, but we are making progress. Some 70% of the jobs created last year were outside Dublin. We all agree that it is a case of "A lot done. More to do," as the Senator's party stated many years ago in one of its election slogans. I can assure him that job creation is our number one priority and that it will continue to be prioritised in the coming months.

On IBRC, the letter was received last Friday by the Taoiseach. Senator Trevor Ó Clochartaigh and several other Senators have mentioned that there were rumours in July and August that there were difficulties. Regardless of whether there were difficulties, the Taoiseach was only written to and informed by the judge last Friday. Senators have said it is incredible that nothing was done about the matter, but one cannot do anything until one is notified. The judge only came to the conclusion and wrote to the Taoiseach last Friday. The Government will be examining the matter and will deal with it as promptly as possible.

Senator Bacik questioned whether there is a better mechanism than the 2004 Act to investigate transactions in IBRC. Obviously, it must be dealt with. The Government is totally committed to accountability and transparency on this issue and will do whatever is necessary to ensure that this happens.

Senator Norris spoke about Clerys workers and the need for consultation with workers prior to any liquidation. I agree with him that workers need to be protected in this regard. I know the matter has been brought to the Minister and I will raise it again with him. I will not comment on the question of the Seanad election, which was raised by some Members, because it was ruled out of order by the Cathaoirleach.

Senators Brennan and Moran spoke about Dundalk FC. We all compliment the team on winning the double after 27 years. Senators Brennan and Mullins also reminded us about an event to remember all those who died in road traffic accidents since statistics began and the need for all of us to be more vigilant on the roads, particularly during the winter.

Senator Mooney spoke about the Social Welfare Bill. I expect that it will be in here in a fortnight's time. I think I have addressed the point raised by Senator Ó Clochartaigh. Senator Colm Burke spoke about Myanmar and the victory of Aung San Suu Kyi. Let us hope her victory and that of her party will bring about the necessary changes and prosperity for her people, which they certain deserve after so many years of dictatorship. Senator Colm Burke also raised the plight of junior doctors and called for the Minister of Health to come up with a plan to address it. I will bring the matter to the attention of the Minister.

Senator Barrett spoke about IBRC and the need to find new ways to openly sell assets. He also argued that section 71 of the Finance Bill should be looked at in this regard. Senator Hayden spoke about the new deal for tenants and the proposals that will come from Cabinet today. She welcomed the proposals and suggested they will stem the flow of people becoming homeless. A question was asked about whether we will have legislation to deal with that. I am sure we will have legislation - be it in the form of amendments to the Residential Tenancies Act or a stand-alone piece of legislation to deal with these matters. I have not been informed about the situation but I am sure we will see action in the coming week and it will be clearer whether it will involve amending the Residential Tenancies Act or not.

Senator Craughwell spoke about the Seanad Electoral Reform Bill and the proposed implementation body. He mentioned the report of the independent working group on Seanad reform led by Maurice Manning, which was discussed in this House. I have been informed that there was an intention to set up an implementation body to deal with that report but to the best of my knowledge, this body has not been set up.

Senators Mullins and Paul Coghlan spoke about housing and complimented the work of Threshold and Senator Hayden. Senator Healy Eames raised a health matter that was ruled out of order. Senator Noone spoke about the need for hotels to be more vigilant regarding their prices and the raising of prices for special events. People should remember that the 9% VAT rate is not there in perpetuity.

Hotel owners should remember that they have it good now when tourist numbers are at a record high, which is due to the 9% VAT rate and should not be hiking prices to exorbitant rates when special events take place.

Senator Crown spoke about whistleblower protection and intimidation of whistleblowers. He called for No. 48, the Seanad Electoral Reform Bill 2013, to be taken before No. 1 but I am afraid I cannot accede to that request.

Senator Mullen spoke about Conradh na Gaeilge proposals for the Irish language and setting up an Oireachtas committee. I certainly agree with those sentiments. There were also some comments about having a full-time senior Minister for the Irish language. I do not know whether that is necessary. The current Minister of State has shown that one can lose the Irish that one learnt at school and get it back after practice. There is certainly a question as regards the teaching of the Irish language when people can be in school for so many years and lose the ability to speak the Irish language in a short period of time whereas people can take up other languages and learn them in a matter of months.

The Leader should not blame the teachers.

There is certainly a question mark in that regard. I take on board the sentiments Senator Mullen expressed.

Senator Crown has proposed an amendment to the Order of Business, "That No. 48 be taken before No. 1." Is the amendment being pressed?

Amendment put:
The Seanad divided: Tá, 16; Níl, 25.

  • Barrett, Sean D.
  • Bradford, Paul.
  • Craughwell, Gerard P.
  • Crown, John.
  • Daly, Mark.
  • Healy Eames, Fidelma.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Mooney, Paschal.
  • Mullen, Rónán.
  • Norris, David.
  • O'Donovan, Denis.
  • Ó Domhnaill, Brian.
  • van Turnhout, Jillian.
  • Walsh, Jim.
  • Zappone, Katherine.

Níl

  • Bacik, Ivana.
  • Brennan, Terry.
  • Burke, Colm.
  • Coghlan, Eamonn.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • Hayden, Aideen.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mulcahy, Tony.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • Noone, Catherine.
  • O'Brien, Mary Ann.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • Sheahan, Tom.
  • Whelan, John.
Tellers: Tá, Senators John Crown and Rónán Mullen; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.
Order of Business agreed to.
Sitting suspended at 4.40 p.m. and resumed at 4.45 p.m.
Barr
Roinn