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Seanad Éireann díospóireacht -
Wednesday, 8 Feb 2023

Vol. 291 No. 9

An tOrd Gnó - Order of Business

The Order of Business is No. 1, Central Bank (Individual Accountability Framework) Bill 2022 - Second Stage, to be taken at 3.45 p.m. and to conclude at 5 p.m., if not previously concluded, with the opening contribution of the Minister not to exceed eight minutes, all Senators not to exceed five minutes, and the Minister to be given no less than eight minutes to reply to the debate; No. 2, Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022 - Second Stage, to be taken at 5 p.m. and to conclude at 6.15 p.m., if not previously concluded, with the opening contribution of the Minister not to exceed eight minutes, all Senators not to exceed five minutes, and the Minister to be given no less than eight minutes to reply to the debate; and No. 3, motion 128(5), Private Members' business regarding the national forestry fund, to be taken at 6.15 p.m., with the time allocated for the debate not to exceed two hours.

I wish to be associated with the expression of sympathy to the family of the former Minister for Education, Niamh Bhreathnach. She was a very good Minister for Education and she attended this House on a regular basis during her time in the other House.

I ask that we bring the Minister for Justice to the House to discuss the drone issue at Dublin Airport. It is unbelievable to think that this has inconvenienced 2,500 people at considerable expense. Some of them were returning from holidays with their families and some were going to work and they were put out of their way. The CEO of Dublin Airport said this could happen in Shannon, Knock or Cork airports or at big events. I believe it is drug related. Is there any reason drones would be flying around Dublin Airport? It is hardly a drone that a mother bought for a child as a Christmas present. It was hardly someone who uses a drone for photography as it would jeopardise their business. It has to be something else and I think this is drug related and the drones are used to monitor car parks and people coming and going to the airport. We should bring the Minister for Justice to the House because in my view this is justice related. It is a serious offence for people to fly drones in flight paths around the airport and it should be treated as a matter of urgency.

Like all Members, I join the Acting Leader in offering my support to the people of Türkiye and Syria following the devastating earthquake. Galway, the city in particular, has considerable Turkish and Syrian communities which are reeling from this tragedy. I welcome the announcement of financial aid by the Tánaiste and Minister for Foreign Affairs and the ongoing support his Department is providing.

I have raised the sentencing being handed down by judges a number of times. I have given many examples of extraordinarily light sentences or suspended sentences being handed down to those who commit burglary and attack our emergency responders and so on. This afternoon, I raise the matter in relation to sexual offences. One recent case related to a violent offender who raped a lady with a mild intellectual disability on a side street and then falsely imprisoned her in her home. He raped the lady twice. He was given a six and a half year sentence. That is unacceptable. The sentence was appealed by the Director of Public Prosecutions and increased to ten years with the final year and a half suspended. That is effectively an eight and a half year sentence for the most horrific act. As we all know, it is highly unlikely that the culprit will serve the full sentence.

I do not want to get into individual cases because I am aware of the rules of the House. There have been similar cases where offenders repeatedly attacked or raped women, whether they met on a dating website or gave false details. The sentences generally do not fit the crime.

These crimes are some of the most sickening and vile anyone can carry out. They have an enormous impact in the context of victims' lives. The victim to whom I refer is a young lady who had her adulthood destroyed. It is entirely unacceptable that the sick criminals who carry out these acts will most likely serve five or six years in jail before being released. We need a serious debate about our sentencing laws, particularly in the context of crimes such as those I have outlined here previously, including sexual assault and burglary, that have an enormous impact on the quality of life of victims. I ask the Deputy Leader to bring the Minister for Justice before the House at the earliest opportunity for a debate on the matter.

I remind Members that when it comes to matters before the courts, we should be careful in our pronouncements. I appreciate the sensitivity of the matter the Senator raises.

Cuirim i dtosach báire leis an méid a dúirt an Treoraí, an léiriú bróin tar éis éag Niamh Bhreathnach agus an méid a dúirt sí freisin maidir leis an gcrith talún sa Tuirc agus sa tSiria agus uafás an scéil sin. Bíodh na daoine sin inár bpaidreacha. Cuirfimid agus tacóimid leis an Rialtas agus le gach duine atá ag tabhairt cabhair phraiticiúil do na daoine atá ag fulaingt faoi láthair.

Many people will have heard today the words "sound, accurate and appropriate" come from the Attorney General, Rossa Fanning, in the context of the State's legal strategy on nursing home fees. A lesson we can draw from this is that the State is not your friend; it is an apparatus of power. The State should not be confused with community or friendly neighbours. While I fully understand and support the right and duty of the State to protect the taxpayer in all these matters, the problem, as highlighted by Professor Conor O'Mahony of UCC, and no doubt others, is that where the State settles cases, it results in those who have the wherewithal to arm themselves legally getting settlements but others who are perhaps not in that fortunate position potentially not getting the same measure of justice where the State has been in the wrong. In effect, therefore, the squeakiest wheel gets the grease, and it seems that people have to be well heeled sometimes in order to get well oiled, so to speak, in such situations. Some of us would prefer a different approach by the State to its responsibilities.

I was deeply alarmed to learn of two recent cases in England that illustrate the potential for the crackdown on freedom of expression and even freedom of thought that I and others have raised in the context of the proposal to legislate for exclusion zones around abortion clinics in Ireland. We have seen that in November 2022 a 45-year-old woman, Isabel Vaughan-Spruce, was arrested for silently praying near an abortion clinic in a public street in Birmingham. Although the charges have been dropped, she has been intimidated by this and will seek a judgment in the case. A second individual faced a similar ordeal when he was approached by police who demanded to know what the nature of his prayer was. When we have people potentially being criminalised for silent prayer, we can see the danger we face. In society freedom of expression and freedom of conscience should be respected. I raised this issue in the context of the Private Members' Bill brought forward by Senator Gavan and others. People have the right to be concerned about any efforts by the State to criminalise those who express their views peacefully, including by way of silent prayer if that is their choice. There are serious issues of human rights at stake here. Also in the context of proposed hate crime and hate offences legislation, we have to watch very carefully the extent to which the State might seek to encroach on what were previously regarded as basic human rights.

I propose an amendment to the Order of Business that No. 19 be taken before No. 1. I seek leave to introduce my domestic violence (amendment) Bill 2023. The Criminal Law (Sexual Offences) Act 2017 provides that in a criminal trial, an accused person shall not cross-examine in person any witness who is under 18 years of age in respect of certain serious sexual offences.

Moreover, the court may preclude an accused person from personally cross-examining a victim who has attained the age of 18 in such cases. The court may prohibit such cross-examination unless it is of the opinion it is in the interest of justice to require the accused to conduct a cross-examination in person. That innovative statutory provision of 2017 also provides that where an accused is prohibited from conducting a cross-examination in person, the court must allow the accused an opportunity to secure legal representation. If, for whatever reason, such representation is obtained, the court may, if it considers it in the interest of justice to do so, select and appoint a legal representative to conduct the cross-examination on behalf of the accused.

The purpose of my Bill is to extend and provide a similar statutory provision to apply to criminal court trial hearings dealing with the offence of coercive control, which was introduced in the Domestic Violence Act 2018. My Bill proposes to do this by amending that Act. I understand Second Stage has been provisionally scheduled for Wednesday next, 15 February. I am happy to report that in advance of that, earlier in the afternoon, Noeline Blackwell, CEO of the Dublin Rape Crisis Centre, and the criminal law practitioner, Jane McGowan BL, will make themselves available in the audiovisual room to legislators of both Houses in case they have questions to ask, and give short presentations. My application seeks leave to introduce the Bill.

Ba mhaith liom labhairt faoin mbreithiúnas a tháinig amach ón gCúirt Uachtarach i Londain inniu. I welcome today's UK Supreme Court judgment, which unanimously rejected the appeal that had argued the Northern Ireland protocol was in breach of both the law and the Good Friday Agreement. We know clearly from the judgments of the high court, the court of appeal and now the UK Supreme Court that that is not the case. There is clear evidence of a political stance against the protocol rather than a legal one. With the institutions being held to ransom, that is a shameful political stance to take when people are struggling through that cost-of-living crisis and legislation such as Dáithí's law is unable to progress at the Assembly because the institutions are down. The message needs to go out clearly from these Houses and from the Government that the protocol needs a conclusive and durable agreement and solution. I do not think anyone objects to that.

We have to remember why we have been left with the protocol. The protocol, which was negotiated by the British Government and ratified by the Westminster Parliament, is intended to offset the potential devastation that could have been brought about as a result of Brexit. It is to protect the Good Friday Agreement and the all-Ireland economy. I am sure the Deputy Leader will join me in my call for a durable, positive and progressive conclusion to the negotiations and for re-establishment of the institutions to work for people as soon as possible.

I join colleagues in expressing our heartbreak and devastation at what we are seeing in Turkey and Syria. I have been for some time been calling for statements on our international humanitarian aid and solidarity. It would be timely to hear from the Government about what measures it is taking to ensure that solidarity is forthcoming in Turkey and Syria and that our international aid agencies and colleagues throughout Europe and the UN are on the ground supporting these people, who are suffering such awful devastation.

On behalf of the Labour Party group I thank you very much, a Chathaoirligh, for your tribute to the late Niamh Breathnach. Niamh left a tremendous legacy in this country as Minister for Education, not only due to the abolition of fees but especially for her introduction of the Breaking the Cycle programme for schools in disadvantaged communities. As a personal friend to me and many others in the Labour Party, she was an enormous source of encouragement to many of us trying to make our start in politics in recent years. I extend our deepest sympathies to Tom and to all her family.

I want to touch on the refugee crisis again today. We have seen polling over the weekend, and it should come as no surprise to any of us that there are many people who believe Ireland is not coping with the surge in refugees. People are looking at some refugees being housed in tents and substandard accommodation and all the while we have so many deep-seated issues being experienced by people who have been living here for many years, in terms of housing and health. It is obvious that those tensions would exist, but I believe the vast majority of people know deep down that we should be providing safety, security and shelter to those who are fleeing personal persecution or coming from countries that are not currently safe to live in.

I raise the issue in the context of comments we have seen from both the Minister for Justice and the Fianna Fáil spokesperson on justice in recent days. Their comments are extremely dangerous. They are designed to deflect from the failures we have had in this country to cope with the surge in refugees. We have known for almost 12 months that we are going to have a very significant increase in numbers. Last April, it was floated that up to 200,000 people could come to this country, yet we are still unable to cope. We are still only talking about the construction of modular homes. We know that the HSE has offered up to 300 properties to the International Protection Accommodation Services, IPAS, and they have yet to be taken up. The list goes on.

We saw comments as late as last night from the Fianna Fáil spokesperson on justice that those coming to this country without proper documentation should effectively be turned away at the airport and deported. Not only is that a deflection from the Government failure to plan and to cope with what has happened in this country in the past 12 months, it is also very dangerous because it feeds the misinformation that exists and it is also undermining the process of asylum application in this country.

The reality is that for many years IPAS has failed abysmally to meet its own targets for processing international protection applications within six months. It takes between one year and two years to process the applications. Fewer staff are processing international applications now than was the case previously. They have been very good up to now, but in recent days the two main parties in the Government are feeding the frenzy that exists and the deep-seated concern people have about communities coping. I sincerely ask that the two main Government parties reflect and change their tune given the very dangerous situation.

I too offer my condolences to all those people from Syria and Türkiye who lost their lives in horrific circumstances.

I want to highlight some issues raised in our very alarming and disturbing session in the health committee I attended this morning. We heard from representatives of trade unions representing healthcare workers about the shocking degree of violence and risk to which workers are subjected. Healthcare workers already labour under unbelievably difficult conditions to provide the care we all rely on. They are dealing with inadequate pay, dysfunctional administration and overcrowding, and it is unbelievable that they are not receiving the bare minimum to which a worker is entitled, that is, a safe and secure workplace, and also respect.

So many issues were raised that I will not be able to raise them all in the limited time I have. I refer to the persistent crisis in staffing, which means that all healthcare workers are stretched thin. We know that is the case. Sometimes they are isolated without co-workers present who can intervene if a situation gets heated. Security in healthcare settings also seems to be at a minimum, which is very worrying. One witness spoke about a locality where several health centres shared an outsourced security service, meaning that at any given time they had no on-site security presence.

This is truly shocking. Workers are being left to fend for themselves at 2 a.m., 3 a.m. and 4 a.m. According to data from the Health and Safety Authority, HSE staff made 4,796 reports of workplace physical, verbal or sexual assaults in 2021. These are absolutely staggering figures. The same data show that there were only 446 inspections. This is just not good enough.

The Irish Nurses and Midwives Organisation, INMO, noted in its briefing document sent to committee members, that it is not only a workers' rights issue, it is a women's rights issue, with 63% of the assaults in the health services being perpetuated against nurses and midwives. Those professions are 95% female. Our failure to protect healthcare workers from violence constitutes a failure to adhere to our obligations under the Istanbul Convention, which sets out member states' responsibilities to prevent domestic violence and violence against women. We will have a debate on this topic tomorrow, which is very welcome.

The SIPTU witness spoke about how when trade union officials met with the officials from the HSE or from the Department of Health, they struggled to make progress because the officials sent to such meetings were not senior enough to be able to commit to courses of action. The witness spoke about how they struggled to get responses from the HSE and from the Department when they followed up meetings with questions on proposals. This lack of respect shown to healthcare workers' representatives is absolutely unacceptable. My concern at the moment is that we all rely on essential workers and they are not treated with the respect they deserve. This has to change. I call for a debate on the issues around the safety of our healthcare workers because it is very worrying.

We now move to two-minute slots. I remind Members that it is one item in the two-minute slot.

I concur with the sentiments expressed by Senator Ó Donnghaile regarding the protocol.

I rise today to deal with the tragedy, of which we are all aware, that took place in Creeslough in Donegal last October where many lives were lost. I have been contacted by numerous people over the past 24 hours about a documentary that is due to go out tonight on TG4. It is causing an awful lot of upset. People took part in this documentary under the belief that the documentary was to take place further down the line. As we know, investigations are ongoing regarding the tragedy. It is just way too soon for something like this to be aired.

People who have contacted TG4 about this have expressed their personal views that while people are used to dealing with situations such as during the Troubles, Creeslough is not like the Troubles. It is nothing like it and it is too soon. I ask the House to throw its support behind me today in asking TG4 to withdraw the programme tonight. TG4 is about to do untold damage. It is already doing untold damage to the families concerned. The families were not consulted. It is no way to treat the families involved. It is disrespectful. The consequences of their efforts tonight will undo a lot of processing of hurt those families have done over the past three months.

I ask the Acting Leader to use whatever powers she has within Government circles with phone calls this evening to ask the powers that be within the Government, whether it is the Taoiseach, the Tánaiste or the Minister with responsibility, to talk to the people in TG4 and ask them to have a little bit of common sense and regard for the people involved in Donegal, and to have this programme withdrawn.

I call for a debate on the concept of vacant and derelict homes, particularly after the really positive announcements a few days ago of the €150 million action plan to tackle vacancy and dereliction, which will be provided to our local authorities. I would appreciate a debate because I believe there is a lot of good practice that could be learned from other local authorities around the country that have already embarked on this, a long time before the Government or anyone was advocating for it. I speak about this with Louth County Council in mind. That council started using compulsory purchase orders as far back as 2015 and 2016 to turn derelict homes back into family homes. In one recent year there were 130 houses, in another year there were 98 houses, and in another year after that it was 115 houses.

That was all down to the local authority being very proactive in using compulsory purchase orders, which it was one of the first local authorities in the country to do, to get vacant properties back into the housing stock. It is a really good story and other local authorities right around the country can learn from it, particularly those of a similar size to Louth County Council.

I warmly welcome the very important funding that is being made available. We must make sure all local authorities have the proper expertise within them to be able to utilise the funding. We need to ensure no moneys are not drawn down and that all local authorities can use the funding to make the best impact. There are really good case studies showing how the issue has been dealt with particularly well in the past couple of years, as in the case of Louth County Council. I would welcome an overall debate with the Minister in the near future on what the Government is doing to tackle dereliction and restore properties to our housing stock.

The next speaker is an Seanadóir Cloonan.

Teachers in school used to call me "Cloonan", as did certain senior officers with whom I was in trouble, but my name is actually "Clonan".

I am sorry, Senator.

Gabhaim buíochas leis an Chathaoirleach.

Senator Clonan might need to add a fada to his name.

I refer to the Attorney General's report on the withholding of the disabled persons maintenance allowance from people in State-funded residential settings. I cannot begin to explain how offensive I find the language used in the report. The Irish Times described it as a kind of no-nonsense report. In fact, it is nonsense because what is lawful is not always appropriate or ethical. There is a pattern or strategy of litigation on the part of the State that is becoming ever more apparent. It is designed to suppress and violate the rights of our most vulnerable citizens, some of whom are non-verbal.

What does this say about our Republic? It diminishes us all. I would not describe what is being done as a "sound, accurate and appropriate" policy, strategy or set of advices, as the Attorney General has done. It is morally and ethically reprehensible. It fails even the most liberal tests of what is ethical. Is it courageous to deny the most vulnerable citizens their disability payments? No, it is not courageous. Is it proportionate? No, it is disproportionate and it is cruel. We would not discriminate against any other group in the Republic in this way. There would, quite rightly, be an outrage if this were applied to people by way of ethnicity, sexual orientation or gender identity.

I call for a debate on this absolute crisis. Today, as I speak, section 39 organisations are still withholding and demanding payment from people's disability allowance for services that should be provided as a fundamental human right to our most vulnerable citizens.

I call for a debate with the Minister for Justice on the deployment of a dedicated public transport Garda unit. I have raised this issue many times in the House, including, most recently, on the Order of Business last week, following on from the debate in the Seanad on 25 January this year. I welcome the students in the Gallery. I am sure many of them use public transport in this city, including buses, Luas and DART services. All young people and everybody who uses public transport should be able to do so confident that it is not only reliable, efficient and affordable but also safe. The sad fact is that a survey completed by my colleagues and me concluded that most people do not feel safe on public transport. Nine out of ten people surveyed had witnessed antisocial behaviour and four out of ten had been a victim of such behaviour.

Following on from our debate on this issue, my colleagues and I have met with representatives of the Garda and the public transport providers, including Irish Rail and Dublin Bus. I bring to Members' attention SIPTU's long campaign on behalf of the more than 6,000 transport workers it represents for a dedicated public transport Garda unit. When I raised the issue last week, I specifically asked the Leader for a debate with the Minister for Justice.

I did not get a reply. I would like a reply today and I would like it to be in the affirmative, that there will be a debate in this House with the Minister for Justice on this long outstanding issue.

I had two meetings today pertaining to Northern Ireland. One was with some party colleagues and one alone. It provoked in me the idea of raising this matter. However, before I do so I will concur with the remarks Senator Ó Donnghaile made about the Supreme Court ruling today.

The issue I will raise relates to sports capital grants and other forms of support or community grants which the Government dispenses on a regular basis and with great effect. I would like to see a condition built into all those grants that evidence of interaction with Northern Ireland must be shown. In the case of a sports club, such evidence would be of having played some challenge matches, gone to Northern Ireland or hosted a team from Northern Ireland. In the case of a community, it would involve evidence of linking with another community. In other cases, it would show linkage. The real way we will build unity is by building trust through mutual contact and interaction between people. With that in mind, these grants present a tremendous opportunity as they are so sought after. It will not only enhance the experiences of the members of the recipient clubs, but will also contribute to our national ambition to bring about an agreed unity of our country. That is a practical step. I have advocated it before, but my meetings earlier today provoked in me the idea I might advocate it once more.

Before I raise an issue on the Order of Business, I add my support to Senator Sherlock's comments about the importance of people being careful with their language at the moment. We are sitting on a tinder box and we must be mindful of what we are saying.

I will raise an issue that I have raised on numerous occasions in this Chamber through Commencement matters and at committee level, namely, the Energy Charter Treaty. It seems in the past 24 hours, the European Commission is finally beginning to see the writing on the wall and see sense. It is now bringing forward a proposal to the EU Council for an EU bloc wide withdrawal from that treaty. Many people are unaware of it. It is a toxic treaty that belongs in the days of the Cold War. It allows energy companies to sue governments for loss of future profits. It has left citizens across the world on the hook for billions of euro and has a chilling effect on governments that are trying to take climate action.

Ireland ratified the treaty in the 1990s under a caretaker Government and did so unconstitutionally. The EU-Canada Comprehensive Economic and Trade Agreement, CETA, Supreme Court ruling backs up that position. In 2015, Italy announced it was leaving the treaty when it was sued for €250 million by the oil company Rockhopper Exploration plc for daring to ban oil exploration along its coastline to protect its tourist industry. That should have been the point at which the EU announced it would withdraw from this dinosaur treaty and Ireland should have supported that call. Instead, five years have been wasted in a futile process of trying to reform something that is not reformable. It cannot be made to comply with the Paris Agreement. This treaty cannot be modernised. I have raised it numerous times and every time the Minister, Deputy Ryan, who is a Green Party member, has prevaricated. He has dithered about whether or not Ireland would support the calls to leave. It is now the case that Italy left six years ago, and France, Poland, Spain, Germany and the Netherlands have all announced their desire to withdraw. Ireland must make its position clear. We should leave this treaty and at least begin to end the sunset clause by leaving this year.

I want to spend my two minutes in thought for the people of Türkiye and Syria and what they are going through.

The Cathaoirleach was with me on a delegation which met a Turkish delegation from the petitions committee in the House last week. We had a lovely time and we expressed a lot of views and shared opinions. I found the delegation to be really nice people and it was nice to share thoughts and ideas. Members may remember that there was an interpreter present called Asli who lives in Dublin but is obviously Turkish. I sent her a message the day after the earthquake expressing hope that her family were okay and everything was okay in her region. She sent back the following heartbreaking text:

Thank you so much. My mum is missing, our baby nephew is dead, my cousins are dead, my uncle is dead. Time is passing. It is very cold. Our house has turned into dust.

She was a most helpful lady, as the Cathaoirleach saw. It is so sad. It will rest in everybody's mind how these poor people have been utterly devastated.

It was nice to see on our main news last night the Turkish embassy and its staff saying how great the Irish are. The Minister for Foreign Affairs, through the Government, has offered €2 million in aid. I hope it will offer a lot more. Really and truly, we all have to reflect on those poor people and the way their lives have been utterly wrecked and their families taken away like that. It is shocking and savage in a very uncertain world. I dedicate my two minutes today to the poor people in Türkiye and Syria and what they are going through.

I thank Senator Murphy. We appreciate and thank him for sharing those personal remarks.

I echo Senator Murphy's comments. It is impossible not to be touched by the text message he received. One cannot help but be affected when one sees videos of little children being dragged out of rubble. Those are the good stories, the ones being saved. It is an awful thing. More than 11,000 people have died so far and the figure is still rising. We all have troubles and difficulties in life but they are nothing compared to this.

I ask the Leader to arrange a debate on childcare with the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman. The Minister and the Government have been very proactive in reducing childcare costs for parents. This has been welcomed by those I speak to in County Tipperary who have kids in childcare. The cost has dramatically reduced, which has made childcare more affordable for people. People who would otherwise be unable to send their children to childcare can now do so. Parents are positive towards this change.

However, we need to discuss the childcare providers and the issues of staff recruitment and pay. The new deal has been positive for parents but from speaking to childcare providers, they are struggling to recruit staff. The threshold that applies to the money they get creates extra layers of work. Qualified childcare providers who have done all the courses are leaving the sector to work in pubs, restaurants, Lidl or Aldi because they are getting paid more money. The Government has created more SNA places in schools and childcare providers are now leaving the profession to work as SNAs because the terms and conditions are much better. They get paid throughout the year and have longer holidays. We need to get to a point where childcare providers are treated almost exactly the same as teachers, SNAs and other staff in the educational sector.

Last Friday, I met a former community employment, CE, scheme supervisor who had retired. After 30 years of service, his lump sum was €17,000. It is unbelievable that someone who gave 30 years of his life to public service would finish up with that. That case brought me back to the issue of county councillors. Everybody in this Chamber, or at least 43 of us, has a strong interest in county councillors.

I cannot understand why, when the allowance was increased, provision was not made for the lump sum to be calculated on the current allowance. Instead, it is calculated on the allowance that existed previously. It is the only sector of the public service I know of where one can have the lump sum reduced to an earlier allowance. It is wrong in every sense. I will be asking the Cathaoirleach to facilitate a Commencement matter on this issue. I am asking all of my colleagues to sign that Commencement matter. This is outrageous. Many of the councillors who have served this country for 30 or 40 years are due to retire before the next election. Not only will we send them away with a reduced entitlement, but in some cases we will subject it to tax as well. This happens nowhere else in the public service. We have to get behind our electorate and look after them. I make no apology to anybody for saying that.

First of all, I want to second the amendment to the Order of Business.

I will take a moment to reflect on my former party colleague, Niamh Bhreathnach. Much has been said about the incredible legacy she left in education. The word "reformer" has been used to describe how she pioneered change in that sector. She was also an incredible person on a personal level. I often say the only reason I got involved in politics is because Deputy Ged Nash asked me to run. However, the only reason I was ever in a position to be asked to run was because I met Niamh Bhreathnach a couple of years beforehand when I collected her and her husband Tom in my car, which was literally falling apart. It was one of those cars that had a bit of a knack to it. I could see the road through the floor. I was mortified that I was picking up this giant of education to drive her to a student union event but she was brilliant. She stayed and she encouraged me despite not knowing me. She remained in contact with me and encouraged me every step of the way in all sorts of different things I did that built me into the activist that I became. For many people, particularly women in the Labour Party, Niamh carried us up through the ranks with her incredible enthusiasm, her incredible support and her immensely lively sense of humour. On our journey, she laughed the whole way through as she looked at the road - it was far from a ministerial car - and I hoped the bottom did not fall out of the car. She was real character and an absolute sensation in our party. She will be sorely missed.

Yesterday at St. Patrick's campus, I launched the AkiDwA guide, the second guide on female genital mutilation, FGM, for educators. The guide is updated with current information. For those who are not aware, the first case convicted in Ireland relating to FGM involved a 21-month-old girl. It was only 2020 that the person was convicted. It is still very much an issue that we need to be concerned about in Ireland. AkiDwA is calling for a national action plan against FGM. I remind those who think that FGM is not an issue here that there are over 1,600 girls at risk of FGM in Ireland. I encourage everyone to take a look at the guide that was released yesterday.

I thank Senator Murphy for sharing the text message on Syria and Türkiye. It sums up the devastation, loss, heartache and agony that we can almost feel even though we are so far away from it all. My thoughts and prayers are with everyone who is suffering. By the looks of it, people are going to continue to suffer for quite a while. It is just devastating.

I want to highlight and welcome the fact that the Supreme Court has ruled that the Northern Ireland protocol is lawful. It has opened the door. The next step is to make sure we get the protocol sorted, get the Assembly up and running and give people in Northern Ireland the government they deserve and voted for. On that note, I ask that we submit a request for the Tánaiste, Deputy Micheál Martin, to come here to give the House an update on many issues, including the Northern Ireland protocol, the Assembly formation and the actions the Irish Government will take regarding the legacy Bill. Several of us have raised the issues around the Bill in this House. It is imperative that we use every single act and power we have as an Oireachtas and as a European Government to stop the Bill and to put it to the test, particularly in the European Court of Human Rights.

I would like to be associated with the vote and words of sympathy for the late Niamh Bhreathnach. I knew her because her uncle and aunt lived in the house where I grew up. She used to visit there on holiday. Believe it or not, her uncle, the late Michael Kennedy, was a Fine Gael councillor in Limerick. My sympathies to her family and husband, as well as the Kennedy family who are her first cousins. They have been very close down through the years. I met some of the family members yesterday and passed on my sympathies. She left behind a great legacy.

I would also like to inform the House of the passing of former councillor, Seán Broderick, who was from Abbeyfeale, County Limerick. He served in Limerick County Council for close to 40 years and I wish to express my sympathies to the Broderick family.

I would like the Minister for Finance to come to the House to discuss the Money Advice and Budgeting Service, MABS, because its staff are not on permanent contracts. They offer great advice. I have sent people in Limerick to MABS, especially those in mortgage arrears, for many years. The service had a 25% cut in funding for the current year. Many staff only found out at the last minute that they have a job for the coming 12 months. It provides a very necessary service and carries out great work. Staff should be given security of tenure.

The Hill of Tara, a 5,000-year-old national monument in the heart of Meath, was attacked by vandals on Monday night, the third time in ten years this has happened. Some amadán took it upon himself or herself to print graffiti on the Lia Fáil, the Stone of Destiny where high kings were crowned for thousands of years. The amadán daubed the word "fake" on all four sides. The only thing that is fake is the halfwit who did this.

This comes at a time when the Department of Housing, Local Government and Heritage has launched a Tara conservation management plan. The document was brought to members of Meath County Council last month. Some 200,000 visitors access the 100-acre site in County Meath every year. People enjoy a 5 km looped walkway.

The conservation plan caused a lot of heated debate in Meath because we recognise the value of Tara as a sacred site. The Department and OPW sought things like viewing platforms so that people could view it from a distance. In Meath we used this site, including places like the Mound of the Hostages, as something that is sacred to us. Seán Boylan brought Meath teams there on the morning of an all-Ireland to feel the spirit of thousands of generations of dead Meath men flowing through their veins before they went to Dublin to beat Cork. This is in our DNA.

The site is used by Meath people as an open and recreational space and a living monument that is enjoyed. The report proposes things like CCTV on a sacred site and the possibility of the site being closed full stop. I ask that the Department, OPW and council cool the jets and take stock of the situation. A national monument cannot be closed off to people because of the actions of an ignorant few.

I would like to bring the attention of the Cathaoirleach to an important issue. We have had a huge debate the House over the past three or four months about school transportation. We can fight about the rights and wrongs of the school transport scheme over the past few months, but we need to make sure that the review of the scheme that started two years ago is published.

It will be April in a matter of a few weeks and families will be applying for school transportation. We must know about the concessionary provision and whether it will be a part of the new scheme or not. It is 22 months since we started this process. The public wants to know what the new scheme will entail. I have been very clear in my views; all kids need to go to school on a school bus. That is something I have been talking about for a long time. Policy has been brought forward that seeks to reduce car transportation by 20%. The easiest way to do this would be to automatically give everyone a place on a school bus. The world would be a winner. Parents and students would be winners.

If we are to do it, we must do it right. I draw attention to something that happened in my part of the world where the school bus broke down for the third or fourth time in the past few days. Yesterday morning, children due to sit their pre-exams in Kinsale Community College were waiting at a crossroad in Nohoval, but the school bus broke down and never turned up. There was utter panic trying to get the children to do their exam. One of them arrived at 10.15 a.m. after the exam had begun. If we are to do the scheme, we must also ensure the quality of the scheme. Some of the buses running under the scheme are nearly 20 years old and are as reliable as an Irish summer. That is not good enough for anyone. We must ensure the quality of the transportation is there and that the scheme is announced. The clock is ticking. This must be sorted by April or, unfortunately, we will have another year with loads of debates where the word "concessionary" will be bandied about and what concessionary means. We need to see real action here otherwise we will have lost another year.

I was a student in University College Dublin when Niamh Bhreathnach was the then Minister for Education. I remember there was a blind student who could not get her books in braille and Niamh Bhreathnach landed out to the college unannounced and, needless to say, the problem was resolved. The woman was a doer. May she rest in peace.

I rise today because it has been brought to my attention that Visa interchange fees have gone up by almost 1,000%. At a time when the Government is encouraging businesses to operate on a cashless basis and to embrace technology, charges for businesses on the Visa debit card, which is the most common card, have gone from 0.1% to 1% in the space of a year. This is not fair or acceptable. At a time when the costs on businesses are so extraordinary and so challenging, the Government must intervene with Visa and find out what is going on and get the fees reversed. Some businesses have a high turnover, particularly those selling do-it-yourself and construction products, but are on a very small margin. This charge is having an impact on such businesses. I have written to the Minister of Finance and have not yet received a reply. I have no doubt I will receive one, but perhaps the Acting Leader might raise this issue with him on behalf of the thousands of businesses that provide and have no choice but to provide Visa debit services to their customers.

The situation with drones in Dublin Airport is comical at this stage. Every other country seems to have protocols. In France, the United Kingdom and other countries the police services and army deal with the drones. If emergency legislation is required to deal with the situation in Dublin Airport, it needs to be introduced. Ireland is an outlier in Europe in many respects, but we are an outlier when it comes to dealing with these types of situations.

I too express my sympathy to the Breathnach and Broderick families on their loss. They and the Labour Party are proud and rightly so.

I wish to raise two matters today, the first of which is the windfall tax on oil and gas profits. I understand legislation is being worked on regarding this issue in the Department with responsibility for energy. Legislation is urgently needed and I call for progress on that legislation. When we were discussing the budget last year, it was made very clear that because of our financial prudence, there would be a surplus and that would help cushion the blow for people.

However, this crisis is not going away. To maintain supports and reach out further while looking at the scary news about mortgage rates, insurance and soaring grocery bills, the windfall tax is something that could assist us.

The second issue I raise is a meeting I had with Swim Ireland yesterday. I had read its report about swimming pool evolution and innovation. More than 500,000 children have been impacted by Covid-19 due to lack of access to swimming lessons. There are fewer coaches now because people could not access training. I am surprised that schools do not have more access to swimming facilities. The word is "access". We need to invest more in our swimming pools and swimming infrastructure but there are new ways of doing it. It does not just have to be the traditional. We need the traditional models of the swimming pools but there are also now rapid-build approaches and we have seen pop-up swimming pools as well. I encourage the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media through the sports capital and equipment programme to invest in swimming pools and to consider swimming from an apprenticeships point of view.

I thank the Cathaoirleach for his remarks about Niamh Bhreathnach at the outset of today's session. I was a ward colleague of Niamh in Dún Laoghaire-Rathdown County Council when I first ran for the council in 2009. She was one of the people with whom I was elected at that time. She was incredibly unpretentious and a wonderful doer. She got things done in a way that I suppose having experience at Cabinet allowed one to do. I certainly remember a local issue where I asked for something to be done and the answer was "No", but when Niamh asked for it to be done, it got done. We miss her and the people in Blackrock for whom she worked hard will miss her as well. I extend my sympathies to Tom Ferris and their children.

I raise the issue of drones. I know it has been spoken about already but it seems this is an issue that does require regulation. There is already a law in place for the regulation of drones and the operators of drones are restricted in where and when they can operate them and at what heights, but they are also required to register them. For the most part, they do not bother doing that. It seems that in the way we regulate other products at the point of sale, it would make sense to require the registration of a drone at the point of sale. Of course, it is possible to buy them online and abroad, etc., but for Irish retail outlets selling drones of whatever capacity, there should be a law requiring the drone to be registered to the person who buys it at the point of sale. That way we will give another tool to the authorities to catch the people who are using them irresponsibly and causing the massive damage, disruption and cost associated with the incidents at Dublin Airport this week.

I thank the Senator for his brevity. That allows me to bring in Senator Dolan if she can be very brief.

I acknowledge the devastation in Türkiye and Syria. Our thoughts, and particularly the thoughts of many families all where I come from who have said it to me and Members, are with the people there. We will be there to support in the time ahead when they are going to need so much help. Ireland through the Department of Foreign Affairs and Irish Aid will do so much around this as well. I am conscious of that. I know locally many groups are also looking to engage in fundraising efforts to support the need in those countries in the time ahead.

I wish to be associated with the tributes and the remarks to the Turkish and Syrian people this afternoon. I extend to the Turkish people my own and our deepest sympathies and our support and solidarity. Senator Murphy so eloquently read out that beautiful text that epitomised what is so horrible about this event in Türkiye.

I call on the Acting Leader to reply.

I accept Senator Martin’s amendment to take No. 19 before No. 1 so that we can take Second Stage of his Bill next week.

It has been lovely to listen to all the heartwarming connections with Niamh Bhreathnach. She was a special person who had a special place in life and there is no doubt that this transcended parties. As Chair of the Irish Women's Parliamentary Caucus, when we started the caucus in the last mandate and we opened it to former members, Niamh was certainly a regular attendee and a great supporter, particularly of women in political life.

As I said at the start, I will read out a motion when we accept the Order of Business. We will have that for the record and send that on to Niamh's family.

Senators Burke, Conway and Ward raised the issue of drones. A request was made for the Minister for Justice to come to the House for a debate on the issue. A total of 2,500 people have been affected in a very negative and costly way over the past week so there is an urgency about this and it needs to be monitored. Senator Ward spoke about the possibility of registering at point of sale, which is important. We need to ensure there is far better regulation. I will write to the Minister for Justice and ask about the possibility of a debate in the House about the matter.

Senator Crowe and most Members raised the earthquakes in Türkiye and Syria and read into the record some very poignant details about an interpreter who was here last week. I have reached out to the Turkish members of the Council of Europe. The messages back are heart-breaking. The husband of a friend of mine in Newbridge who worked with me as a secretarial assistant is Turkish and like so many other families, his family has been affected so it is touching so many people around the world. While we are very grateful that the Tánaiste has already committed €2 million, there will be another call on all of us to do what we can to help all the Irish agencies working on the ground to help all those affected by the earthquakes.

Senator Crowe also raised the sentences handed down by judges and argued that they are too lenient, particularly for sexual offences. He said the sentence must fit the crime and I agree. We need a debate on this issue so, again, I will ask the Minister for Justice to come to the House for such a debate.

Senators Mullen and Clonan raised the issue of nursing home fees and the report by the Attorney General. We know that 30-page report was considered by the Cabinet this morning and that the Minister for Health and the Minister for Social Protection have been tasked with considering it in detail and coming back in three months time regarding any further action. Perhaps at that point, we should have a debate on the matter in the Seanad.

Senator Mullen also raised the two cases involving exclusion zones in England. It is not appropriate for us to comment on another jurisdiction but the Senator did speak about the Private Members' Bill brought forward by Senator Gavan and others, which I support. As Acting Leader, obviously I listened to what Senator Mullen said.

Senators Ó Donnghaile, Blaney and McGreehan spoke about the decision of the UK Supreme Court today, which is really important in the context of the island of Ireland. We will examine this judgment. It is very important regarding the protocol not being in breach of the law and the Good Friday Agreement. I echo the call from the three Members regarding the reinstitution of Stormont. It is hugely important.

Senator McGreehan asked for an update from the Tánaiste on that and the legacy Bill so we will ask the Tánaiste to come to the House to speak about the legacy Bill and Northern Ireland affairs in general.

Senator Sherlock spoke about the legacy of Niamh Breathnach. She also spoke about the safety and security of those fleeing persecution and the lack of progress there.

It is important to say that there is a balance of rights in Ireland. It has a huge responsibility to help those who are fleeing from persecution. Regarding the situation of those not having papers and those seeking asylum here, something that we hear quite often – I certainly do about the direct provision centre that is just beside my office – we need to have these situations dealt with in a quicker fashion. We need to have both applications and appeals dealt with in a way that people know where they stand. That is important. It is important, of course, to have communities that are coping with refugees and those who have been displaced. Anything that the Government can do is important.

Senator Black spoke about the health committee this morning and the violence and risk that healthcare workers face. We must show solidarity with healthcare workers. They are doing tremendous work. They support and so often go way beyond the level of care. It is shocking to think that they are not respected in their workplace. As the Senator rightly pointed out, many of these are women, so it is a women’s rights issue also. Shame on those who perpetrate this violence. It is not just a situation of saying we need to help the workers – of course we do. However, we need to call out those who are perpetrating this violence and those who are going in and putting others, including those who are seeking help, at risk. They are causing huge problems both for other patients who need support, and the workers. We must do everything we can to support healthcare workers. We will take that up with the Minister for Health.

Senator Blaney raised the issue of a documentary on Creeslough airing tonight on TG4. I was not aware of that. I would agree with him that it is far too soon to reopen all the wounds for those who are barely starting to cope and get back to life. He mentioned to me just as he was leaving that it is coming up on “Liveline”. We, in the Seanad, should write to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Deputy Catherine Martin, and ask her to contact TG4. At some stage, it can be shown on television. However, it is far too raw and close to the most dreadful tragedy that we have seen in such a long time in our country.

Senator McGahon spoke about vacant and derelict homes and good practice that many local authorities could have that we can share. Well done to Louth County Council for its work on compulsory purchase orders which the Senator mentioned. I agree that we need to look at the case studies. All of us can basically engage with our own local authorities on that. We can ask the Minister for Housing, Local Government and Heritage to do that.

Senator Fitzpatrick spoke once again on the need to deploy gardaí on public transport. I think she is 100% correct. She carried out a survey around Dublin and, in fact, I did it in Newbridge as well. I was surprised at the engagement there. People are concerned. She cited statistics that nine in ten people have witnessed and four in ten people have experienced violence. We certainly will ask for that debate with the Minister for Justice.

Senator Joe O’Reilly spoke about the sports capital grants and the need to have conditions of linkages with Northern Ireland with that and other grants. We can certainly bring that to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. Anything that we can do to engage people on either side of the Border is hugely important. In Kildare, the sports capital partnership is good at doing that. We can certainly bring that to the Minister.

Senator Boylan spoke on the Energy Charter Treaty and energy companies. She mentioned that some European countries have pulled out of the treaty. She looked for clarity on the position. We can ask for a debate on that in this House.

I thank Senator Murphy for his words on Türkiye and Syria.

Senator Ahearn is absolutely right that the Minister for Children, Equality, Disability, Integration and Youth, Deputy O’Gorman, has done tremendous work supporting parents and families regarding childcare. However, we absolutely have to support the childcare workers as well. There needs to be a balance in supporting families and supporting workers.

We need to ensure the terms and conditions under which they work are regulated. I have always felt that those who participate in the ECCE scheme should be more linked in with the Department of Education to ensure they have the same rights and conditions.

Senator Craughwell raised the issue of lump sums for councillors on retirement and said that they should be calculated on the current rate. That should be the case. It is wrong that it should be calculated on a rate that is not pertinent at any given time. It should be at the rate applicable at the time someone retires. He indicated that a Commencement matter will be tabled and it is one we will all support.

Senator Hoey spoke about the national action plan on FGM and I know she is aware of terrific work by former Senators, Marcella Corcoran Kennedy, Jillian Van Turnhout and Ciara Conway. That is something we brought to the desk of the Tánaiste when he was Taoiseach to ask for his support. He agreed at that meeting that there would be a contact point in rolling out the action plan.

We join Senator Byrne in extending our sympathies on the death of former councillor, Seán Broderick. I was listening to Michelle O'Hara from the Money Advice and Budgeting Service, MABS, on "Today with Claire Byrne" this morning. MABS do a tremendous job and it is regrettable that there has been a 25% cut to its funding when it carries out such great work. That is absolutely something that I will bring to the Minister for Finance.

I saw the social media post from Senator Cassells this morning relating to the Hill of Tara being attacked for the third time in ten years. It is shocking and wrong. Anybody who commits such attacks shows a complete lack of respect. I agree that we cannot cut off access to those important parts of our heritage because of the actions of a few. They are inherent to those of us who have county links with whatever that heritage item is. There is also something in our national psyche, which that appeals to as well.

Senator Lombard has asked for the publication of the review of school transport. We are getting to the stage - I had a Commencement matter taken on this earlier - of free school books and how that scheme is going to be rolled out. There is no doubt that within another month we will be talking about preparation for going back to school in September. We support that call and we will look for a debate on it. With regard to the school bus that is breaking down, the company with the contract is failing in its contract in that situation. It cannot just fall back on the Department either. To have, as Senator Lombard said, a school bus that has broken down three times is just not good enough for those who are being served.

Senator Conway spoke about visa fees going up from 0.1% to 1%, which is shocking. We need to raise that, not just with the Minister for Finance, but with the Minister for Enterprise, Trade and Employment as well. This will have a negative impact on business, so we will certainly be doing that.

Senator Currie spoke about the windfall tax on oil and gas, and about prioritising that policy. We will certainly ask for that to happen. She also asked us to raise the issue about access to swimming following her meeting with Swim Ireland, and we can ask the Minister to address that.

Senator Martin has moved an amendment to the Order of Business: "That No. 19 be taken before No. 1." The Acting Leader has indicated that she is prepared to accept the amendment. Is the amendment agreed to? Agreed.

Order of Business, as amended, agreed to.
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