Dáil debates

Tuesday, 12 July 2011

Civil Law (Miscellaneous Provisions) Bill 2011 [Seanad]: Second Stage

 

6:00 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)

Yes. Every Member is aware of people with resources "of uncertain origin". This is an area to which we will have to return.

The Minister referred to his intention to introduce a Bill to reform the coroners service. It is important that the legislation be brought forward as soon as possible to accommodate the changes that have taken place in this area in recent years. Technology has moved on, for example, and public interest in the role of coroners and the nature of their work has increased through the intervention of television. In addition, in the case of unexpected and unexplained deaths, families are increasingly seeking the services of coroners to present a case. This has arisen recently in respect of several road traffic accidents. The legislation must be brought up to date with the demands now being placed on the coroners service. The entire system must be examined to determine whether it is fit for purpose in the 21st century. In that context, the provisions in the Bill are welcome.

The Minister will know from his professional and political experience that any changes to land law do not always work out as one hopes they will. Nevertheless, I welcome the thrust of the proposals in this area. On the issue of the serving of notice, the Minister referred to "relevant parties". Land may fall into use of a neighbour when its owner has been gone from the area for a long time or when an elderly person dies and family members do not know they have a right to his or her land. The Property Registration Authority, for all its benefits, cannot be in charge of everything. What provisions are in place to ensure we do not have land grabbing or land stealing? The Minister referred particularly to turf. The issue of commonage, and common bog in particular, is already a fraught area without opening up further issues. Will the Minister clarify what protections are in place under Parts 12 and 13 to ensure land is not taken, whether with good intentions or otherwise, and that people are not deprived of their land rights? Again, this is an area that will require further consideration.

On Part 15, it is ironic that, on the day the President of the European Parliament is visiting us, the House is considering a proposal that would serve to diminish the status of the Irish language. The Minister has outlined the legal and constitutional reasons for the provisions in section 46 but their effect will be to send a signal that we are willing to countenance a diminution of the standing of the Irish language in our legislation. That is the wrong signal. I was not aware that the previous Government had considered introducing this proposal. I assure the Minister that if it had come before the Fianna Fáil Parliamentary Party it would have had to be reconsidered. It is difficult to comprehend that this provision was put forward by the Department of Arts, Heritage and the Gaeltacht. In any case, the proposal is premature given that the programme for Government includes an undertaking to review the relevance of the Official Languages Act and to examine whether its effect is in any way obstructive. Introducing this section in advance of that review is to predetermine its outcome. It sends a signal that the Government has a certain direction in mind for the review.

I acknowledge the Minister's concerns regarding barring orders and the potential impairment of people's rights. Why do we not publish the Irish translation online? We have enough translators about the place and it is far easier to publish content as Gaeilge online than to print it. It should be made available online in both Irish and English so that nobody can justifiably say they did not have access to information. In advance of Committee Stage on Thursday morning, I ask the Minister to consider withdrawing this proposal in advance of the review the Official Languages Act. Many people in this House and outside it campaigned to have Irish recognised as an official working language of the European Union. It sends entirely the wrong signal if Oireachtas na hÉireann says it is happy to reduce that status. As sure as night follows day, if the provisions in Part 15 come into law, they will be included in every Bill coming before the House. Every Department will take it as a green light to diminish the status of Irish. Let us put the red light back on ahead of the review of the official languages legislation.

In general, I welcome the provisions of the Bill, notwithstanding that more comprehensive legislation will be required in many of the areas covered in the next four years. Legislative provision regarding intoxicating liquor is of particular urgency. Health statistics released this morning show clearly the damage caused to society and to the health system by alcohol abuse. The Government and the entire parliamentary system needs to wake up in this regard. We must send out a very strong message on alcohol abuse. Let these provisions be the first of many to strengthen the legislation in this area with a view to clamping down on the abuse of alcohol in our society.

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