Mary O'Rourke (Fianna Fail)

The Leader of the Opposition, Senator Brian Hayes, raised, as he has done previously, the matter of the need to appoint an ombudsman for children. I inquired about that matter on the previous occasion, but I do seem to have received a reply. It is four years since the legislation in question was passed. I note the United Nations report castigated us for not having such an ombudsman. The appointment of a person to the position is the responsibility of the President, but she must be presented with the name of a candidate before she can proceed in that regard. It is a long time since this matter was raised initially and the making of this appointment is now a matter of great urgency. I hope that I will have a report before Tuesday next.

Senator O'Toole made the point that when this matter was debated in the House, an amendment was tabled to have a commencement date in respect of the activity provided for under the legislation, but that did not happen. Ministers are wary of agreeing to commencement dates because they would be tied to them, but that is sometimes not a bad position in which to be.

Senator O'Toole also wondered if protests were being hijacked by some people who are anti-everything. We all welcome the right of people to protest. It is part of our democracy that one has a right to express different opinions, to march and to strike. Most of these rights are enshrined in the Constitution. I enter by the Merrion Gate and there were 12 protesters outside it when I was leaving last night. I thought we would not have to go through what others had to go through, but that was not the case. The protest at that gate was not intimidatory, but that was due to their being so few people there.

From what I have been told, it seems that the protest at the Kildare Street gate was intimidatory. Managing such a protest is a matter of judgment for the Garda Síochána, which is entitled to ensure that the law is upheld. However, we have a right to go to and from our place of work, namely, the Houses. If Members cannot leave this place of democracy at a late hour – I saw on television that a committee sat late last night – that is wrong. Protest should not extend to stopping people from leaving their place of employment.

Senator Ryan asked about what was happening to collective Cabinet responsibility. There is always tension between a Minister for Finance and colleagues in spending ministries. I am aware of that because I had responsibility for such ministries. The Minister for Finance wants to keep the various budgets in order and the Ministers with responsibility for spending ministries want to expand projects, make improvements to benefit everyone and provide good services. There is, therefore, bound to be tension between those Ministers. The Senator asked if the relevant Minister could come before the House. Does he want them to come together or separately?