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Seanad Éireann díospóireacht -
Tuesday, 18 Oct 2016

Vol. 247 No. 12

Order of Business

The Order of Business is No. 1, statements on children and youth affairs, to be taken at 4.45 p.m. and conclude not later than 6.45 p.m., with the contributions of group spokespersons not to exceed eight minutes each and those of all other Senators not to exceed five minutes each and the Minister to be called on to reply not later than 6.40 p.m.

Will the Leader confirm if Senators such as Senators James Reilly, Keith Swanick and others who have an interest in health matter will be included in the committee from which they have previously been excluded? I hope they will be because it would be appropriate. There are not too many with the professional expertise of Senators such as Senators James Reilly and Keith Swanick who I am sure would be able to add to the committee. I hope the Leader will ensure the Seanad will be represented at that health forum.

To date, in terms of the legislative programme, the schedule of business has been very long on statements and motions and very short on legislation. Last week we put the House on notice that we would be seeking to have the Corporate Manslaughter Bill included in next week's schedule of business and that, if it was not accommodated, we would propose an amendment to the Order of Business every day. The Bill was recommended by the Law Reform Commission in 2005, only 11 years ago. It is badly needed and would have prevented many tragic deaths in recent years had it been passed. There would be consequences for those who did not do their jobs or failed to act when they should have. In the past three weeks, since the Seanad resumed, 33 hours have been spent on motions and statements, while only eight hours and 15 minutes have been spent on legislation. It could not be said we are doing our job as a legislative body. If someone were to accuse this House - the other House is not much better - of being a talking shop, it would most certainly be because legislation was not being brought through. If we examine the number of Bills on the Order Paper, Fianna Fáil has only two fewer than the Government.

What is wrong with being a talking shop? It is a parlement, that is, a parliament.

As it is a legislative body, legislation should be a priority.

It is also supposed to be-----

Through the Chair, please.

There are Bills that should be and have been brought forward, but they have not been taken. Justice delayed is justice denied. When it comes to judicial appointments, the Independent Senators have a motion on the Order Paper which will be discussed and voted on tomorrow. However, judicial appointments are being delayed and denied by one man who is unable to get buses and the Luas moving on certain days. He is now bringing the entire judicial system to a standstill because he wants things to be done his way.

With his process, it will take months, if not years, for some judicial appointments to get through the system. We ask the Leader to support our legislation when it is brought into this House. It has been launched today and we hope it will reach the Seanad in the new year, but with the Government's support, it could arrive before then. We want judicial appointments to be made not because the Minister is trying to block the provision but because Fianna Fáil is trying to get the job done. If we work together, we will have the judicial appointments made that are badly needed. According to the Chief Justice of the Supreme Court, not Fianna Fáil, we need to get judicial appointments through the system. If it keeps going the way the Minister wants it to go, it will take ten years for some cases to get to court. I ask the Leader to confirm that we will have some legislation, especially that proposed by the Law Reform Commission, in the House next week.

I wish to raise the same issue because there is a need for clarity. In two national newspapers today major concerns were expressed about judicial appointments. Last week the Minister for Justice and Equality was in the House and, in fairness to her, she indicated that she would bring forward some reforms. Having a veto on judicial appointments is wrong and constitutionally questionable. We are now in a situation where a Minister has told the public and the political system that he has received a cast iron commitment and has an agreement with the Government. This raises serious questions about the separation of powers and the overlap in this matter. Tomorrow we will debate a Private Member's motion on the establishment of a judicial council. I do not want to spend all of the time allotted to me talking about this issue, but, clearly, it has reached the heights of being mentioned in the national press and forms part of the editorial in today's edition of The Irish Times. We need the Minister for Justice and Equality to come into the House for a debate on it. I understand she will not be here tomorrow but that her Minister of State will be. I want her to clarify the position once and for all. I want to know whether there is an agreement in place. No Bill and no memo have been prepared for pre-legislative scrutiny at the Joint Committee on Justice and Equality. From where is all of this coming? It is clear that there are issues in the courts, particularly in the hearing of appeals for which there is a shortage of judges. Senator Mark Daly was right when he said justice denied was justice delayed and vice versa. We cannot have a situation where people are queuing up to have appeals heard, yet there are no judges available to hear them. This is about the Judiciary and the separation of powers. It is imperative that the Minister come to the House tomorrow to clarify the position or issue a statement on the current position. I want her to clarify if there is an agreement that the Minister for Transport, Tourism and Sport and the Independent Alliance state they have. Both matters must be clarified because the country is facing a potential judicial crisis within the next few days.

The latest report on the private sector from the estate agency Savills warns that rents could rise by up to 25% in the next two years. Last week, during the debate on Sinn Féin's Rent Certainty Bill, we pressed the point that the situation in the sector was getting worse and that time was the crucial factor. The Bill would have helped thousands of families in Dublin and throughout the country who are worried out of their minds about how they will meet the extortionate increases in rent. They do not have the money to keep a roof over their heads, which is why the homeless figures are increasing on a monthly basis, yet despite all of this, Fianna Fáil and its partners in government, Fine Gael, saw fit to kick the can down the road once again. On the same night that Fianna Fáil voted against providing rent certainty for tenants Deputy Barry Cowen complained that there was nothing in the budget for those in the private rental sector. Many of the problems identified in the report for those in social housing and tenants in the private rental sector were addressed in Sinn Féin's Bill. There are now 328,700 people reliant on the private rental sector for accommodation. The vacancy rate is only 1.45%. This is a staggering number of people who are the mercy of a system that clearly does not work for anybody. One of the suggestions made in the report is that the number of vacant units would need to increase by 300% in order to see rent stabilisation. That is obviously unobtainable in the short term and means that the only viable option is introducing rent certainty.

There is also the problem of people living in local authority housing that has fallen into disrepair. There are houses that have not been renovated for decades. I have been in many such homes and the wind blew through the gaps in windows. There was poor insulation, if any; electric wiring that could cause a fire at any time and no central heating system.

That is aside from those homes affected by pyrite and the number of people who in the next couple of years will be made homeless because of this. On that basis, I ask that the Minister responsible be brought back into the House specifically to discuss the issue of rent certainty and what can be done about the extortionate rates of rent increases in Dublin and across the country.

Two weeks ago in the Seanad we passed a motion expressing concerns about certain aspects of the comprehensive economic and trade agreement, CETA, between Canada and the European Union, focusing, in particular, on the lack of legal clarity surrounding what "provisional application" might mean. The concerns have been echoed and vindicated across Europe in the week since by lawyers who have made it clear that declarations do not carry legal weight; by the German Constitutional Court which last Thursday demanded new and explicit assurances; by the Council of Europe's Committee on Social Affairs, Health and Sustainable Development; and by a vote in Wallonia in Belgium on Friday. While the Government happily signed off on the deal last week, others have been demanding something better. Germany, for example, today produced a new declaration of its own designed to address constitutional concerns; Belgium spent the weekend in negotiations and, finally, belatedly, at 9 p.m. last night, we began to hear reports of a new text emerging from the European Commission which mentioned the Vienna Convention and included actual legal references. These changes did not come soon enough or go far enough and provisional application has not been signed off on at the meetings of the Council of Ministers today. The talks will now continue. It is thanks to public and parliamentary pressure that we are achieving the changes deserved. We are now told that there will be an EU leaders' summit later this week, on 20 and 21 October. It hopes and plans to send a strong message of reassurance to citizens that their concerns about the side effects of new generation trade deals will be addressed. This will be the first comprehensive debate on trade since the current European Commission was appointed and it must be a robust debate because there is no consensus and not everyone agrees. The President of the Commission, Jean-Claude Juncker, said in recent weeks, "The fact is that in the Council of Ministers you have 12 [countries] in favour of ... strengthening trade defence instruments, and you have ... 12 [countries] who do not like the idea." By "trade defence instruments" he means investor courts.

Where does Ireland stand among the countries referred to? The CETA is still a badly designed new generation deal which represents a dangerous overreach from the proper area, an appropriate area of trade and tariffs, to the areas of public policy and public accountability. However, if there is now a chance to potentially remove the worst element, namely, the investor courts, corporate courts which can place such a huge charge on the public finances, will Ireland seize this opportunity? At the summit this week ill it support changes that might remove the investor courts? Will the Leader put it to the Government which so lightly dismissed the Seanad motion last week to reflect on the legitimate concerns of this House and the concerns of the public and reflect them at the summit of leaders?

I note - this is a compliment to the Government - that the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, today announced plans to ratify our climate change commitments. This is a welcome development. However, will the Government press for good trade deals that will support rather than threaten those climate change commitments; deliver trade, while protecting quality, health and workers' rights, and recognise that public good and public accountability must always remain the bottom line?

I renew my call to the Leader to arrange a debate on the situation in Syria and the appalling bombardment of civilians which continues daily in Aleppo where yesterday 100 people were killed. I have circulated a motion to group leaders in this House. It is very important that Seanad Éireann speak with one voice to condemn the ongoing humanitarian crisis in Syria, from wherever we are speaking, be it this or any other building. We should speak with one voice on this hugely important and grave humanitarian crisis. I am grateful to all of the group leaders who have come back to me to express support for the wording. I have now circulated a revised wording. I will speak further to some group leaders to see if we can make sure everyone can sign up to it. The basic premise of the motion is to condemn the breaches of international humanitarian and human rights law, particularly in exposing civilian populations to indiscriminate attack, and to condemn the destruction of essential infrastructure and services, including basic medical care.

It is the destruction of hospitals, in particular, that the United Nations and Médecins Sans Frontières have been highlighting with such desperation.

The motion also calls on the Government to continue to use all available diplomatic means and forums to raise the issue, co-operate with like-minded states and work towards an end to aerial bombardment, a genuine cessation of violence and humanitarian aid access. It is a motion to which everyone should be able to sign up and I ask those groupings which have not got back to me to do so and I will try to ensure we will have a motion to be put forward by tomorrow or Thursday which we might then perhaps debate in the House when time permits with the Minister for Foreign Affairs and Trade.

I welcome Senator Mark Daly's Bill on Irish Sign Language which we will debate tomorrow. The Labour Party Senators will support it and we commend Senator Mark Daly for introducing it. I look forward to hosting a discussion on Thursday, to which all colleagues are invited, on a topic on which Senator Mark Daly has another Bill, namely, the national anthem, and to look at how best legislation might proceed on the issue. I will circulate another invitation to all colleagues to the briefing on Thursday.

I thank the Leader for arranging the debate last week on justice matters with the Minister for Justice and Equality. We need to have the Minister in again, given the grave crisis we see in policing, not only the concerns about whistleblowers raised in this and the other House but also the imminent withdrawal of labour by gardaí. As I said in the debate with the Minister last week, there is potentially a way forward potentially taking note of what the European Court of Human Rights has stated about the recognition of collective bargaining rights at national level for Garda representative associations. If these rights were accorded to the Garda representative associations, the issues around pay and conditions could be debated in the context of the national collective bargaining talks. That is a way forward that may present itself. I would welcome the opportunity to engage again with the Minister on the issue as we face into this very serious industrial action.

I am extremely concerned about the position of the St. Mary of the Angels community facility in Beaufort, Killarney, County Kerry. I ask that it be exempted from the national move on policy and that the HSE be requested to cancel the pilot scheme at the site. It has 77 residents, people with a mental and-or other disability. They cannot decide for themselves and decisions would have to be made by their parents or families. This will have to be recognised more clearly than it is. This special community should be reinstated immediately for the receipt of funding. I intend to pursue the matter actively with the Minister responsible. The community has existed for many years and some of the residents have been in the facility for up to 40 years. It is not possible to treat them as if they can move on, I will not say "willy-nilly" because it is not quite that bad, but we cannot do it in this day and age. There must be much more humanity shown. It would make much more sense for the authorities to reinvest not necessarily huge amounts but whatever is required and as required to rejuvenate the site and make it proper. We cannot decongregate people who have been there for so long. It is their home and what they recognise. We will disorient them totally. A stop must be put to this move. I am speaking to the Minister about it, but perhaps it is something about which in a more general sense we might speak. We cannot speak about just one site, as I am sure other sites are affected throughout the country. Perhaps in early course we can have the Minister in the House for a suitable debate on the matter.

On behalf of Fianna Fáil, I offer our condolences to the family of Gertrude Mallon, wife of the former deputy leader of the SDLP, deputy First Minister of Northern Ireland and former Member of this House, Seamus Mallon, who passed away yesterday. A lifelong SDLP member, Gertrude was her husband's biggest advocate. Her support for Seamus and the peace process in Northern Ireland made her a force in her own right. The description of her by the leader of the SDLP, Colum Eastwood, MLA, as a pillar of strength and a source of hope in the dark days of the Troubles rightly sums up her contribution to achieving peace on the island. A nurse by profession, the skills of her job transcended into her life with Seamus where compassion, strength and warmth were the order of the day.

I extend my deepest sympathy and that of the Fianna Fáil Party to Seamus and Orla, their daughter. Ar dheis Dé go raibh a anam dílis.

Tá mé ag iarraidh ar Cheannaire an Tí cuireadh a thabhairt don Aire Stáit atá freagrach as an nGaeltacht teacht isteach chomh luath agus is féidir. Tá easpa suime léirithe ó thaobh na Gaeilge de agus ó thaobh fhorbairt na teanga agus ní hamháin sa Ghaeltacht ach sa tír seo ar fad. Sa bhuiséad a bhí ann an tseachtain seo caite, tá laghdú de 40% tagtha ar thacaíocht do Sheachtain na Gaeilge ó 2015 go 2016. Tá laghdú de 50% tagtha ar thacaíocht d'Údarás na Gaeltachta ó thaobh fostaíocht a chur ar fáil do mhuintir na Gaeltachta sna Gaeltachtaí. One of the things of which we can be most proud is our connection with the Irish language. The Government is ignoring Irish speakers and treating us as if we lived on an Indian reservation. I ask the Leader to ask the Minister of State with responsibility for the Gaeltacht to outline his Department's policy on the Gaeltacht and the development of the Irish language. It was great to see students from a secondary school in the House earlier. We must teach and hand on to them those things that are unique and special about being Irish. We are very proud of being Irish and the more European and global we become and the more pervasive the Internet becomes, the more we must say this is who we are and this is what we, as a people, are about. Our language and culture are key in that regard. I seek the support of all Senators in protecting the Irish language and culture and ensuring people living in the Gaeltacht regions enjoy similar employment opportunities as people living outside the Gaeltacht. We are treated as second class, if not third class, citizens.

I raise the issue of Seanad reform and the proposed relocation of the Seanad Chamber. According to reports in the media today, the former director of the National Museum of Ireland, Dr. Pat Wallace, spoke about the relocation of the Seanad and asked the when, where and what involved in the process. The issue of the relocation of the Seanad arose before I became a Senator and new Senators' knowledge of the proposed relocation is limited. Where is it proposed that we will go? The National Museum of Ireland building on Kildare Street is one of the locations mentioned, but we have no idea when the relocation will take place. The Minister of State with responsibility for the Office of Public Works should come to the House to outline precisely what his proposals are for the Seanad once the redevelopment project commences, including timeframes and costings. The media are reporting the project will cost €1.5 million. If such a sum needs to be spent, so be it, but we need to know the details involved. Not all Senators are based in Dublin. I am from Cork and I am not aware of any legislative provision that would prevent the Seanad from relocating to Cork, Galway, Belfast or elsewhere for a week.

Even Limerick, God forbid. If we are not wanted in Dublin, perhaps we might step outside the base and ask where the Office of Public Works will take us. If a location is being sought, we will definitely look for one. This issue should be addressed.

I raise the issue of the industrial relations chaos which appears to be consuming the Government. The performance of the Ministers in question, the Minister for Justice and Equality, Deputy Frances Fitzgerald, and the Minister for Education and Skills, Deputy Richard Bruton, has been such that they must be called to this Chamber. It is a little ironic that the Leader is a former ASTI shop steward. He must feel as baffled I am by the recent steps taken by the Minister for Education and Skills, in particular, his foolish decision to cease payments for supervision and substitution duties, which poured oil on extremely hot waters. Public servants across a range of key positions, including gardaí, teachers and nurses, are up in arms about the Government. As I reminded the Minister last week, the starting salary for a garda is €23,500. Is anyone in this Chamber prepared to stand over such a poor starting salary? How has it been beyond the competence of the Minister for Justice and Equality to address this issue in the months she has had to do so?

The public service workers to whom I refer are outraged. I wonder if there is something in the Fine Gael gene that just means that it is not able to negotiate with trade unionists. It is something the party needs to fix as a matter of urgency because we are facing into chaos. Parents are very worried and people living in rural communities are also very worried about crime. The Government needs to take action and all we have heard so far are media sound bites. This is worse than poor behaviour, it is incompetence. I ask the Leader to arrange urgently for both Ministers to come to the House to account for how they have landed themselves in this huge mess.

As the spokesperson on sport for my party, I would like to ask the House to unite in an expression of sympathy on the sudden and sad passing of Anthony Foley, the Shannon, Munster and Ireland hero for many years. It was particularly poignant that he passed away when he was involved in the preparation of his beloved Munster for their match in the first round of the Champions Cup. The sympathy of the nation is with his wife, Olive; his sons, Tony and Dan, and his parents. His father Brendan was on the famous Munster team that beat the All Blacks many years ago. Anthony personified everything that was good about sport at the highest level. He showed commitment, passion and loyalty to his teams, country and family. At a time when sport, particularly professional sport, is in the headlines for a lot of the wrong reasons, it is important that we acknowledge someone who has been a true hero and a role model for young people. I did not know Anthony Foley personally, but the heartfelt tributes paid to him and his family by his playing colleagues and coaches, not just in Ireland but also internationally, say a lot about the man. It is important that we acknowledge heroic characters who have chosen their skill sets to personify what is good about life in Ireland.

I want to raise with the Leader the actions of the Environmental Protection Agency in seeking to delay implementation of EU air pollution limits at Moneypoint power station and other gas and fuel plants. The EPA has also pushed for an exemption that would allow the Edenderry power plant to exceed the new sulphur dioxide limits. In addition, the agency has opposed proposals for more stringent standards. This is very troubling and alarming. The EPA's mission statement is to improve the environment as a valuable asset for the people of Ireland. The agency is tasked with protecting citizens' health. I am deeply concerned that it is looking to have those standards lowered. I want to ascertain - perhaps the Leader might find out from the Minister - if the EPA is acting alone in this matter. Is it acting at the request of the Government or is it acting under the direction of the Minister? If so, it would be a worrying development. The EPA is seen as a safety net. An incinerator is being built in the area where I live in Dublin and the EPA is going to be tasked with monitoring it and making sure it will live up to very high standards of quality within the area. I am worried because I read in The Sunday Times at the weekend that the EPA was proposing a lower standard than that proposed by the European Union. Perhaps the Leader might find out and report back to the House on whose behalf the EPA is acting and why it is acting in this manner. The health of citizens in County Clare or Edenderry is as important as the health of citizens anywhere else. I want to know why the EPA is acting in this manner.

I wish to raise a matter that has been raised on numerous occasions in the past couple of months.

I make no apologies for raising it again and until some action is taken, I will continue to raise it. It concerns the plight of the mushroom industry as a result of the Brexit vote. Again this weekend, I have had communication with people involved in the industry which employs 3,500 people in rural areas where jobs are not ten a penny. Already to date, 130 jobs have been lost. Given the change in the exchange rate between sterling and the euro, when suppliers receive cheques for contracts they signed prior to the vote and cannot revoke until they come up for renewal between January and March next year, there is a difference of up to €25,000 in what they receive for £100,000 sterling.

The industry is going under. We had members involved in it in the Houses. They met the committee, the relevant Ministers and everybody who would lend them an ear. It was a sympathetic ear that they received all round. Budget day came and went and there was not one iota about the industry. The people involved in it are a resilient group and very confident that if they can ride out the storm, this time next year the mushroom industry will be stronger than ever. Their main competitors for contracts in the UK market were from eastern Europe. Now the eastern Europeans have run scared as a result of what is happening and the position in which the Irish industry finds itself. Therefore, they are confident that if they can survive and ride out the storm, when they renegotiate their contracts in the new year, there will be a strong a vibrant industry. Can they ride out the storm? The consensus is they cannot and will not as nobody can live with the losses they have taken.

I plead with the Leader that we get each and every relevant Minister into the House to not merely listen to statements, note them and walk out again. If the industry or the individuals in question were offering 130 jobs or had the potential to duplicate that number, there would be a queue of Ministers trying to claim credit. In full and sustainable employment when does the word "sustainable" come into play? It is as important to hold what we have as it is to be banging drums and looking for credit in creating new jobs. It is imperative and I propose that a Minister come before the House and answer questions. I am aware that the Minister for Agriculture, Food and the Marine is due to attend the House next week. Let him come with answers.

The industry is going under and it will not be retrievable. It is not a situation where if a job is lost today, when the markets and contracts change in January, it will revitalise that job. Once it is lost, it will be gone forever. The €7 million already lost has been taken by Dutch suppliers. We are posturing with contingency plans for Brexit and what may happen. This is one of the first major outcomes and we are found to be standing offside. If our answer to everything else that might come down the line is the same, the economy is going to be ruined by Brexit. Let us show what we can do, will do and potentially do in the future.

With my colleague, Senator John O'Mahony, I extend sympathy to the family of Anthony Foley. It has been a time of disbelief and shock for people in counties Limerick and Clare. Anthony Foley embodied everything that was good about Irish rugby, particularly Munster rugby. Looking back, he had something in common with Brian Ború. He was very much the Brian Ború of Munster rugby. Brian Ború also came from and lived in Killaloe, just like Anthony Foley. The overall loss to the people of Limerick, the Munster region and Ireland pales into insignificance next to the loss to his wife, children and wider family. He was a young man of 42 years with a wife and two young children. I can only imagine how difficult it is for them. I extend our sympathy to them and acknowledge, with my colleagues in the House, what Anthony Foley stood for - loyalty, commitment and, above anything else, being a brilliant player. It was said he was a little short of pace. I recognised that case, but he made up for it with skill and by being in the right place at the right time.

I want to speak about the relocation of the Seanad. I listened with interest this morning on the radio to the former director of the National Museum of Ireland, Dr. Pat Wallace. We need clarity on several questions about the relocation of the Seanad. First, when and to where are we moving? Are there implications for public services if the Seanad is to be relocated to the National Museum of Ireland? When someone of Dr. Wallace's stature goes on "Morning Ireland", we, as a body, need to deal with it.

On behalf of our Seanad team, I echo the words of sympathy to the Mallon clan on the loss of Gertrude. Go ndéana Dia a mhaith uirthi.

Ahead of the debate tomorrow on the Recognition of Irish Sign Language for the Deaf Community Bill, will the Leader ensure we will have an interpreter in the Chamber to facilitate those groups and organisations which will be represented here?

We heard from previous speakers about the imminent, live and tangible negative impacts Brexit was having on the mushroom industry. Pivotal as it is, that industry is not alone in feeling the sharp end of this decision by England to take the rest of us out of the European Union against our will. It is a matter I have consistently raised, with many other Members from a broad range of political opinion, on the floor of this Chamber. As outlined eloquently and passionately by the previous speaker, we are continually being told by the Government that it is working through the issue, that there is something down the line, that it will come back to it, that it is investigating it and that it is working with ministerial colleagues in London. At this stage, the long and short of it is that is not good enough as it is not having any impact. The first interest of the Seanad and the Government has to be the welfare of Ireland and the people. The reality is that the people, in every corner of the country, not least in Border communities, are feeling the negative impacts of Brexit, as they have been for the past month and they will continue to feel them and will probably feel them much worse and sharper in the coming months and years. It was unbelievable that yesterday in the Stormont Assembly in the North a motion seeking to assert the Assembly's wish to have special EU status granted for the North was actually lost because two MLAs who aligned themselves with Nigel Farage, Boris Johnson and the boys. The two Brexiteer MLAs who allegedly represent People Before Profit but who it seems are more Brexit Before People in this case allowed the motion to be lost. While some Members may laugh, it is a serious matter as the people are feeling it, angry and disappointed that two MLAs who profess to be champions of the people have allowed the democratic wishes of the people in the North to be subverted and dismissed in such a fashion. The message needs to go very clearly from here that, regardless, this Chamber stands for the well-being of Ireland, the democratic wishes of the people in the North and the retention of all of the island of Ireland within the European Union.

The Senator is well over time. I call Senator Robbie Gallagher.

Yes. It is like the greyhound track. When the rabbit is on the way, the greyhound should be ready.

I refer to the decision by the 2,000-strong membership of the Association of Garda Sergeants and Inspectors, AGSI, to join the 12,500-strong membership of the Garda Representative Association, GRA, in taking strike action. This is the first time in the history of the AGSI that such a decision has been made. It clearly illustrates the anger and frustration felt by gardaí. From talking to members of the force, I have never seen the level of morale as low as it is.

That is a sad indictment of this and the previous Government which have allowed it to develop into a crisis. No garda wants to go on strike and nobody in this room or anywhere in the State wants to see a member of the Garda going on strike. I plead with the Minister for Justice and Equality to sort out this mess once and for all. I trust that if she engages fully with gardaí, they will not be found wanting in their response.

I wish to be associated with the vote of sympathy to the family of the late Anthony Foley whom I knew well because he was born in Limerick and went to St. Munchin's College. He was a member of Shannon Rugby Club, but I am afraid I support a club on the other side of the river. There has been great rivalry and banter for many years between the clubs. Anthony brought joy and commitment to sport in Limerick, Munster, Ireland and across Europe. It is so sad to read the tributes from all parts of the world because he had such an impact on the lives of many people. Our spokesman, Senator John O'Mahony, referred to the fact that he was such a great ambassador and mentor, especially for young people. I propose a vote of sympathy to his father, Brendan, who also gave many years of commitment to sport; his mother, Sheila; his sisters, Rosie who also played for Ireland and Orla; and Olive, his wife, and their two young sons. It was a sad day not only for the people of Limerick but also the people of Ireland and across Europe.

This month there is a recycling campaign. People can recycle their light bulbs and fridges for free. I encourage them to do so, given the effects of climate change which has been discussed in the House and is such a big issue.It

Ba mhaith linne i Sinn Féin chomh maith a bheith luaite leis na focla comhbhróin maidir le bás Anthony Foley, laoch rugbaí agus fear nach mbeidh a leithéid arís ann, de réir gach cosúlachta. On behalf of the Sinn Féin group, I wish to be linked with the sympathy being conveyed to the family and friends of the late Anthony Foley who was a hero on and off the pitch. Ar dheis Dé go raibh a anam.

I commend Irish Rural Link which presented us with a report earlier entitled, Poverty and Social Inclusion - the Case for Rural Ireland. It is new research, but it builds on previous research which shows, statistically, that if there is a recovery, it is very much a two-tier recovery and that rural Ireland is not feeling it in the same way as urban areas. The research builds on work done by Social Justice Ireland and the Vincentian Partnership, etc. The report demonstrates that the poverty rate is much higher in the Border, midlands and west regions, in particular, with one in five people experiencing rural poverty, half of whom experience it on an ongoing basis. It also highlights farm poverty, fuel and energy poverty and issues relating to services for women and children in rural Ireland and social inclusion. It is an important report which we should debate. In the context of fuel and energy policy, the greater cost of buying fuel in a rural area is highlighted because of transport costs, etc.

The other House is debating the issue of bogs again. It happens to coincide with letters that have been sent to turf cutters in Connemara who had been told that they would be allowed to continue in the traditional manner but who are now being told that they will have to pay for environmental impact statements to be produced if they are to continue. I would like to have a debate with the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys, on turf cutting and these designations. Irish Rural Link has noted that it has been trying to secure a meeting with the Minister for Transport, Tourism and Sport, Deputy Shane Ross, to discuss rural transport. It is a serious issue and perhaps the Minister might be invited to the House in due course to discuss the issue and what his Department intends to do to make sure rural services will be improved and expanded and made more viable for people living in rural areas.

I join colleagues in expressing deep sympathy to the family and friends of Anthony Foley on his untimely and sad passing at the weekend. I never had the fortune or, indeed, misfortune to play against him, but my older brother did. In fact, he dislocated his shoulder trying to tackle him. Many in our club would say my brother never tried to tackle anyone ever again. Anthony Foley was a great servant to the entire rugby community, Munster and Ireland but also to his club, Shannon, as was his father, Brendan. It is about the club that I want to speak today. Will the Leader ask either the Minister for Transport, Tourism and Sport, Deputy Shane Ross, or the Minister of State, Deputy Patrick O'Donovan, to discuss the new wave of sports capital grants announced in the budget last week? Like others, I am disappointed that we will not be receiving a grant this side of Christmas, but I hold the hope we will receive a decent capital allocation under the grants scheme for 2017. The scheme is vital for sports clubs across Ireland, particularly at grassroots level. Many clubs in my area have benefited from the scheme and I would like the Minister to attend the House to explain when exactly the application process will open, the amounts available and everything else to do with the scheme.

An issue raised in my clinic during the week causes great concern. A man in his late 70s left Carlow 50 years ago to work in England. He has come home every year since to visit his family and friends, but this is the first time in 50 years that two of the main banks have refused to change sterling for him. He went to the main post office, but it also refused to accept sterling. He was very upset. This is unacceptable and I want the matter to be addressed by the Minister for Finance. At least, the man in question has some family and friends who have been able to give him money. Long term, however, we do not want that message to get back. We depend a great deal on visitors from England and the rest of the United Kingdom. Look at the tourism revenue they give us. What has happened is unacceptable and the man in question was very upset. While it is the only case I know of, it is not good and I want the issue to be addressed immediately.

I refer to the new repair and lease scheme announced as part of the Government's housing package. The scheme has great potential to increase the social housing stock by bringing back into use empty and substandard privately-owned houses. Since we last had the Minister for Housing, Planning, Community and Local Government before the House, further details of the scheme have been placed in the public domain, including information on two pilot projects in Waterford and Carlow. The scheme must be as flexible as possible and it is important at this point that the Seanad contribute to the debate. The scheme will only apply to leased property or property that a local authority or an approved housing body might lease from a private owner. Many private owners do not want to become landlords. The scheme is not attractive because one has to pay PRSI and there is also the PRTB involved. We have to take this into account and provide that in certain instances local authorities might buy the properties in question.

In my county the most recent census figures show that 24% of the housing stock is empty. As I understand it, that is 24% of 65,000 houses at a time when there are 1,600 people on the housing list. There was a similar figure in 2010. There are a variety of house types, some of which are older houses in older parts of the town, some of which are in unfinished housing estates or established housing estates but which have not been lived in for years. We need to get technicians on the ground. That happened in 2010 when inspectors who had been working for the Department in granting the first-time buyer's grant went on the ground. We need people to knock on doors and establish why these properties are vacant and nobody is earning anything on them. We need to establish where the houses are that are tied with banks and the builder or owner is not in a position to sell. A further significant point is that banks will currently sell to vulture or venture funds, but they are not being mandated to offer to local authorities the suites of houses they possess that would be suitable for social housing. That would be the fastest way to increase the social housing stock of local authorities. I ask that the Minister be invited back to the House in the light of the great potential of the scheme.

I want to talk about a possible upside of Brexit, albeit we have to seize the opportunity.

I call on the Minister for Jobs, Enterprise and Innovation to advise whether she has put a strategy in place to target and attract businesses and financial institutions that are likely to move their operations out of Britain as a result of Brexit. Given our skilled workforce, proven track record in financial services and, in the aftermath of the United Kingdom's exit, our status as the only country in the European Union with English as the first language of business, a targeted campaign could well bring much needed jobs to Ireland. I ask the Minister to target companies aggressively which have an exit strategy from Britain. Last week there was much talk from Fine Gael about Brexit but nothing of substance in that regard in the budget provisions. I propose that funding be put in place to assist Irish entrepreneurs, businesses and Government representatives to attract euro financial jobs from London to Ireland.

I join colleagues in pointing out that despite the required maintenance work on the Seanad Chamber having been on the agenda for eight years, a great deal of uncertainty remains. I do not mind where we go, but what is happening is an absolute farce, with the possibility of huge disruption to the activities of the National Museum of Ireland. So far, nothing is happening. I appreciate that a lot of work is going on behind the scenes, but we must now call a halt to all of this uncertainty. It might be time to bring the Parliament to the people, as colleagues have suggested, by having sittings of the Seanad around the country. The current situation has gone on too long, with the proposals expected to cost, I understand, nearly €1.5 million. Officials have put a great deal of work into the relocation, but anybody looking in from the outside would surely conclude we are incapable of making a decision for ourselves. There are a lot of venues around the country, private and public, including hotels and so on, which might accommodate us. We cannot go on as we are.

Of course, this is not about accommodating Senators but about ensuring Parliament has a place to meet and legislate. If an agreement cannot be reached on relocation, despite the engagement by so many Departments, it may well be the case that we are looking at an interdepartmental turf war. Somebody will be inconvenienced and somebody will be seeking more money. It is us Senators, however, who will be held to account for the delay. The word must go out from this Chamber that we do not care where we are put, even if it is a tent on St. Stephen's Green, but a decision must be made in the next two or three months. People are having a laugh at the way we cannot come to an agreement. It is not Senators and the Ceann Comhairle who are at fault here; the problem has arisen because the Departments involved cannot come to an agreement. We should bring in the private sector to secure a venue for us sooner rather than later and likely for better value and at less inconvenience to all.

I support my Kerry colleague Senator Paul Coghlan in his comments on the St. Mary of the Angels facility in Beaufort. I do not need to go into any detail because the Senator has eloquently outlined the problem. In fairness to the HSE, it is taking a new look at the area of residential care. We have a situation in Beaufort where 77 people of various ages face the loss of the secure, safe and happy environment in which they have lived for many years and whose families are dreadfully worried at the prospect of their loved ones being moved on to some new location. This case must be reviewed in the broader context of residential care provision. I ask the Leader to refer the matter to the Minister for Health.

I am surprised and disappointed by the outburst today by the former director of the National Museum of Ireland about the proposed relocation of the Seanad to the museum's ceramics room which will happen, I understand, after the Easter recess. I understand the Houses of the Oireachtas Commission, of which Senators Paudie Coffey and Gerard P. Craughwell and I are members, has been in negotiations for a long time with the museum authorities and the Office of Public Works, and matters are moving towards fruition.

I certainly understand the frustration of Members at the lack of information which is being disseminated on the move. With my two Seanad colleagues, I undertake to bring up the matter at the next meeting of the commission.

I join other speakers in referring to our removal to some other building near here. It does not matter to us where we are because we have a job to do and, presumably, the facilities will be provided for us. However, it strikes me that the media are not really interested in covering anything to do with this House unless it is in the realm of the ridiculous. The idea that staff are crying-----

What about the ice cream vans?

We have all said stuff that the media have run with. Whether it is the ceramics room or, as Senator Frank Feighan said, on St. Stephen's Green, it does not matter that much to us. As Senator Ned O'Sullivan said, and as I understood it, this was something that had been negotiated between officials for a long period. It was simply a fait accompli that we would turn up some place else on a certain date.

They might want to move us to Croke Park.

As I said, it is in the realm of the ridiculous. I would appreciate some clarification on the issue in order that we can put this nonsense to bed, for want of a better expression.

I am sure the Leader will have an appropriate response.

It is as ridiculous as the all-Ireland final tickets issue.

I join Senators in referring to the sad and untimely death of Anthony Foley. To those of us from Munster and in the sporting world, he was an iconic figure. He was an ambassador for sport. He was a loving husband to Olive, a loving father to his two children, a proud son to Brendan and Sheila and a proud brother to his sisters. On my own behalf and that of everyone here, I extend to his family our deepest sympathy. Those of us who were listening to the radio on Sunday afternoon were shocked by the announcement of his death. No words of mine can describe the joy and love he brought to the lives of so many.

Equally, I join Senators in referring to the death of Gertrude Mallon, wife of Seamus. I pay tribute to her for providing sterling support for him and her work in bringing peace to the country. There is the old cliché that behind every good man there is a good woman. Gertrude stood with and walked with Seamus at times when it was very dangerous and difficult for them as a family. Our respect and love are given to the Mallon family at this sad time.

Senator Mark Daly referred to the Corporate Manslaughter Bill. I will have no problem in having the Bill on the Order Paper to be discussed during Fianna Fáil's Private Members' time next week. As the Senator is aware, an interdepartmental group was set up in 2010. It recommended that a Bill be brought forward and that Bill is in gestation. I am not sure what stage it is at, but I will be happy to have Fianna Fáil's Bill discussed during its Private Members' time next week.

Perhaps the Senator might go back to his party leader or party Whip about the following matter. It is my understanding that it is Fianna Fáil and Sinn Féin that are objecting to or blocking a vote being taken today in the Dáil on the composition of the Committee on the Future of Healthcare and that they do not want to have Senators on it. I might be wrong and, if so, stand corrected. However, I would be very happy to have Senators appointed to it.

I will have to come back to the Leader on that matter.

Senator Colm Burke has been active in trying to ensure we will have Members of this House on the committee. It is critical that we do, not least because there is medical and health expertise on all sides of the House across the spectrum of the health service which could bring added value to the committee. I hope Fianna Fáil Senators and that na Seanadoirí ó phairtí Shinn Féin will work with their party leaderships and Whips to ensure the vote in the Dáil which was deferred today will take place and that the committee will be inclusive of Members on all sides of this House.

Let me assure Senator Mark Daly that the Government side of the House has requested that Bills be initiated in the Seanad. The Government's legislative programme includes 25 Bills to be introduced during this session. However, as the Senator knows, as he has been in the House for as long as me, there is now pre-legislative scrutiny which is is stalling legislation.

It will be next year before we see much of that legislation.

Rather than bemoaning the fact that there is now pre-legislative scrutiny, we should welcome it because it will help to make legislation better and allow for a better and more participative process. Nonetheless, it is a source of concern.

The other point I will make - I am not accusing the Senator of this - is that those who oppose the Government at every opportunity should reflect on what is meant by new politics. It is not about opposing the Government at every opportunity.

We are not even opposing the Order of Business.

The Senator-----

I am not referring to Senator Mark Daly.

Please allow the Leader to respond. I am surprised at Senator Paul Coghlan.

If we are to be mature when it comes to new politics, Senators need to change their mantra and stop coming into the House every day to oppose and give out about everything. I am not referring to Senator Mark Daly, in particular, but speaking in a broader sense.

We understand. The Leader need not worry.

Will the Senator, please, allow the Leader to respond?

The Leader would not criticise a cosy consensus.

Senator Victor Boyhan raised the important issue of the need for clarity on the judicial appointment process. As he knows, I share his view on it, but I do not think it is fair to say one person in the Cabinet will block the appointment of judges. A new process is being established which will take time to put in place. I am assured, however, that if appointments are required, they will be made as a matter of urgency by the Cabinet in a transparent and accountable manner. It is correct to say the desirability of having a judicial council has been recognised for a long time. The Bill which contains 75 sections is being drafted, but it is equally important that we do not allow any situation to stop the wheels of justice and that we allow for a continuation of the separation of powers.

Senator Rose Conway-Walsh raised the issues of rent certainty and housing. The Minister, Deputy Simon Coveney, has attended the House and we have had a good debate on the matters involved. A huge package is being put together under the action plan for housing and in the budget the Government committed to introducing a plethora of measures-----

House prices are still going up.

If the Senator had his way-----

If I had my way, there would be rent certainty.

The Senator opposes everything. Sinn Féin had its chance, but it would not go into government.

There has been a 24% increase-----

Please allow the Leader to respond.

Senator Trevor Ó Clochartaigh cannot have it both ways.

We just want rent certainty.

Senator Alice-Mary Higgins referred to the CETA. I hope the Government will reflect on the views of some Members of this House, but they are not shared by the majority. Fianna Fáil abstained-----

A vote is a vote.

I ask the Leader to respect the result of the vote on the motion in the way he would the respect the result on any other.

The motion was carried. I have no difficulty with it being carried, but I am saying it was not necessarily the view of the majority in the House.

New politics.

I remind Members that when the Leader is replying, he is replying to those who have raised issues. I do not want further interjections by Senators. They have made their points and the Leader is replying to the best of his ability. Will Senators, please, allow him to conclude because we are running against the clock?

I am sure the Minister responsible will reflect on the views expressed in the House, as will the Minister of State, Deputy Pat Breen.

Senator Ivana Bacik referred to the situation in Syria and Aleppo. I worked with her over the weekend on the wording of a motion. We are happy to sign the revised motion. I appeal to all Members to sign it. With a joint motion, we can stand in solidarity with the people. There have been breaches of international humanitarian rules, as well as indiscriminate attacks and killings. We all share the views expressed, or at least I hope we do.

Senator Pádraig Ó Céidigh referred to the provision in the budget in respect of the Irish language and the Gaeltacht. I replied on this matter last week. The Minister of State, Deputy Seán Kyne, is committed to coming to the House to discuss it. I hope he will be here in the coming days or weeks.

Senators Tim Lombard, Kieran O'Donnell, Frank Feighan and Ned O'Sullivan referred to the relocation of the Seanad. It is important that we have a period of calm. There was a reaction on the radio this morning which was perhaps a little over the top. A process is being undertaken and managed by the OPW with the Houses of the Oireachtas Commission. The Superintendent of the Houses and representatives of the OPW and the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs are involved. It is important we allow that process to take its course. Equally, in tandem with it, it is important that we allay the fears and worries of members of staff of the Natural History Museum. If this House is relocated to the museum, they will find us happy, able and willing to cohabit with them.

We will work and live together happily. It is important that if there are concerns, they be ironed out and addressed. It would be helpful if all sides were to share information on the issues and processes involved. It would be wrong to have hysterics today. It is important that we allow the process to take its course and I hope we will do so.

Senators Paul Gavan and Robbie Gallagher raised the issue of industrial relations. As a former trade unionist, Senator Paul Gavan should know well that the most important part of any process is engaging in dialogue and negotiations and continuing to talk. I understand clearly the frustration felt by members of the Garda and the AGSI. It has been clear for a while, not just today or yesterday, that there have been issues with Garda pay, conditions and terms of service. The same applies equally to members of the ASTI. As a former member of the ASTI who went on strike once, I know that it is important that all sides engage in dialogue and negotiations. In this day and age there is no room for any of us to be complacent on any aspect or issue of public sector pay. The vehicle of a commission to consider public sector pay is one that should be commissioned and started quickly because industrial unrest does not do anyone any good, not least those who vote to go on strike. As the Leader of the Seanad, I appeal to the members of the ASTI, the GRA and the AGSI to engage with the Ministers, Deputies Frances Fitzgerald, Paschal Donohoe and Richard Bruton, whom they will find are willing and anxious to engage. I hope they will engage with them.

Senator Kevin Humphreys raised a clear issue about the EPA and the plant at Moneypoint. I shall invite the relevant Minister to come to the House to discuss the matter.

Senator Paul Daly has been vocal about the mushroom industry and the potential negative impact on 3,500 jobs. The Minister for Agriculture, Food and the Marine will be in the House next week when I am sure the Senator will be very able and willing to put his points to him. I share the views expressed by the Senator. Equally, I know from my conversations with him that the Minister of State, Deputy Andrew Doyle, has been involved and engaged with key stakeholders in the mushroom industry. Last week I was in attendance when he met one of the key people involved in the industry. Therefore, I know that he is taking the issue seriously.

He has had meetings without outcomes.

I am sure the Senator would be critical if the Minister of State held no meetings and did nothing.

Which service-----

I share the Senator's concerns.

The business is going down the Swanee. The Minister of State has met stakeholders, but the meetings have not led to an improvement in anything.

Please allow the Leader to respond.

I do not disagree with Senator Paul Daly's comment on the importance of the issue. Where I disagree with him and diverge from his view is that the Minister of State has tried to do something about it and is doing his best. I am sure he is putting a package together with the Minister and that the Senator will have an opportunity to discuss it with the Minister next week.

Senator Niall Ó Donnghaile mentioned having a sign language interpreter present. I am not quite sure which Minister is responsible for providing an interpreter. All I know is that yesterday I had a very-----

The issue has been addressed.

I thank the Cathaoirleach.

The service will be put in place.

Quite right too.

Go raibh maith agat, a Chathaoirligh.

Senators Niall Ó Donnghaile and Maria Byrne made reference to Brexit, a matter we have already discussed.

Senator Jennifer Murnane O'Connor mentioned the banks. I am not quite sure what the story with the buying of sterling is in the banks. Some of us go into banks to buy foreign currency when we travel abroad. I am sure one can buy it. I am not quite sure, but perhaps it is a matter for local branches to have a volume or quantity of sterling available.

Is the Leader having trouble answering the question?

It is news to me that there is an issue in buying sterling.

Senator Michelle Mulherin referred to vacant units and the need for a plan in that regard. It is an important issue. The Minister has tried to address the matter in his plan.

Senator Aidan Davitt mentioned the Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor. She has outlined a policy not just in this House but also through the Minister of State at the Department of Public Expenditure and Reform, Deputy Eoghan Murphy, who has outlined a fundamentally sound policy on Brexit in the context of a strategy for financial services. He has spoken in Luxembourg at meetings of eurozone Ministers. He is of the view that at least two announcements will be made by the end of the year by companies that intend to expand in Ireland. He also believes Ireland is the location of choice. A lot of work has been done in this area in which we are targeting specific companies.

I neglected to mention Senator Trevor Ó Clochartaigh who referred to rural transport links. The Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs will be in the House on 17 November to discuss issues within her brief. I hope we can also get the Minister for Transport, Tourism and Sport to come to the House, as suggested by the Senator.

As the Senator knows, there has been a family bereavement; therefore, it would be inappropriate to ask the Minister to come to the House this week. We will wait until next week to ask him.

Senators Paul Coghlan and Ned O'Sullivan referred to St. Mary of the Angels in Beaufort, County Kerry. The matter is of huge concern to the families in question. It is a fact that as a society we must face up to how we deal with the issue of displacement from congregated settings into the community. This and other Governments have followed a policy of closing institutions and moving people to live in the community. This has had an impact and the impact Senator Paul Coghlan, in particular, outlined articulately of the distress caused by the loss of familiarity and routine in the day-to-day lives of those affected is one we must try to work to overcome. I hope the families will be engaged with, that information will be provided and that the issues raised by the Senators will be addressed. I will be happy to have the matter discussed with the Minister for Health, Deputy Simon Harris, or the relevant Minister of State, Deputy Finian McGrath, in particular. It is one to which we will have to face up as a nation. We have an ageing population of men and women with a disability who have become used to routine. It is an issue we all face in our communities, one to which we should return and perhaps deal with in a special debate.

I extend my sincere condolences to the Foley family on the death of the Munster great and Ireland stalwart, Anthony Foley. As a sports enthusiast, I was very fortunate to have been in the Millennium Stadium when he lifted the Heineken Cup. It is a tragedy for his wife and children, father and extended family. It is a tragedy not alone for the rugby fraternity but also the entire sporting nation because, whether it be rugby, Gaelic sports or soccer, we take great pride in the green jersey. Anthony Foley wore not only the Munster and Shannon jersey but also the Irish jersey with great pride. In my lifetime I was very fortunate to have seen such a fine sports icon play on three or four occasions. I add my condolences to those of others who mentioned him.

Order of Business agreed to.
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