Dáil debates

Tuesday, 12 July 2011

Civil Law (Miscellaneous Provisions) Bill 2001 [Seanad]: Second Stage (Resumed)

 

8:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)

I am delighted to speak on the Civil Law (Miscellaneous Provisions) Bill 2011. I support many of its provision, especially Part 3, which deals with the deeds of good samaritans. It is very important to distinguish between the actions of the good samaritans and facilitate those acts of kindness and bravery. It can be a grey area. The provisions of the Bill in this Part are good and positive.

I welcome also the provisions to improve the efficiency and effectiveness of private security services. That is badly needed and I welcome the provisions.

Reform of the bankruptcy laws is long overdue. I share some of the views expressed by my colleague, Deputy Boyd Barrett, but I would not agree that every businessman was greedy. I would say fewer than 100 people, among bankers and developers, were responsible for the greed and speculation, and they certainly need to be dealt with. We must change the bankruptcy laws to allow for entrepreneurs, people with small businesses, sole traders and landowners who tried to better themselves and better the country while doing so. We must change the legislation to allow them to survive and live out their lives in happiness, not in fear. Unlike the majority of European states, our laws do not provide access to an adequate and effective personal insolvency system. That is the problem. I welcome the provisions in the Bill that deal with the Irish Property Council as well. People who had a good relationship with their banks, now, having fallen behind in their repayments, are being harassed and driven to their wits end. Many are ending up severely depressed and restricted from ever again being an investor. A good number of such people whom I know in my constituency, have taken their own lives. How much torture can lead to such a sad outcome?

I welcome also the provisions dealing with human trafficking. It is very important that we deal with this issue. Part 5 deals with intoxicating liquor and these provisions are badly needed. Anybody who sells intoxicating liquor must be aware of their responsibilities.

I totally object to the amendment of the Official Languages Act 2003. This is a sneaky way of the Government making a provision that this Bill will not be translated into Irish on its enactment because it wants to pass it in a rush. Our official language is An Teanga Gaeilge. It is a retrograde step. Is uafásach an rud é sin a dhéanamh. I object to this totally. We have fought hard for our language and succeeded in having it recognised as an official language of the European Union. Here, we are throwing it out, throwing out the baby with the bath water. We need to be careful.

I respect the work that coroners do. I have no issue with them, but with the ambience and surrounding where the coroners conduct their inquests. Inquests should be moved from the court setting. It is sad for people who have lost a loved one in an accident or a sudden death trauma or even worse, if it is a violent death to go to a courthouse. We can rent hotels up and down the country to act as courthouses, when the courthouses are unfit for use. An inquest should not be held in the setting of a court, with a judge and jury. The inquest must be conducted in a building where compassion is shown for the relatives of the deceased. It should be conducted in a suitable environment, where people's feelings are considered. People may be threatened or intimidated by a court setting. I am not saying they should be, but they are. I have been there and I understand where the families of the deceased are coming from.

I see a reference to the county registrars. That is timely, but it does not go far enough. In South Tipperary, the county registrar is a law unto himself. I tabled six parliamentary question to find out where the voting machines were stored - the voting machines that were purchased at enormous cost and had to be stored when not in use. I questioned how the procurement of space to store them was conducted, and where they were stored. It was a complete and utter sham and I found out they were stored in the property of the county registrar's family, which is outrageous. This contract was not put out to public tender. On tabling a third parliamentary question, the machines were moved from Clonmel to Gormanstown in County Meath. This was an outrageous abuse of public funds. In response to one question, I was told that it was advertised in a proper manner, but there was no advertisement for storage space. This type of carry on must be rooted out. In was also a significant issue in County Waterford, where a property was rented on a long-term lease to house the machines.

I welcome many of the provisions of the Bill, but I object totally to the provisions in respect of the Irish language. Is mór an trua an rud sin.

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