Seanad debates

Friday, 7 May 2004

11:00 am

Photo of Mary O'RourkeMary O'Rourke (Fianna Fail)

Senator Ross went to the nub of the matter, noting that under the Consumer Credit Act, no prosecutions can be taken and nor does the regulatory body have the power of prosecution. A Private Members' motion could be introduced to urge that such power be given to IFRSA, or that it should be able to recommend strongly, to the prosecution authorities, that a prosecution be made. Otherwise the regulatory body is no more than a eunuch, without the power of prosecution when a major financial scandal emerges.

We all know our local bank managers or officials, who are friendly guys and gals, and we do business with them. Nevertheless, the issue is major. AIB said the matter was a "departmental" one, but that was the wrong word because we Senators think of "departmental" as involving the Government. A section within AIB was responsible and was aware of what was going on two years ago, yet it did not report it. I ask those with some legal authority to put forward an amendment to the Bill relating to the regulatory authority in the area in order to give the authority the power of recommendation of prosecution.

Senator Mooney asked that the Minister for Foreign Affairs, Deputy Cowen, attend the House. We have contacted his Department every day for three weeks, and sometimes twice daily. This morning we discovered that, through no fault of the Minister but due to the good work he is doing, he is fully engaged next week. We have also sought the attendance of the Minister of State, Deputy Tom Kitt, to debate issues involving Africa and Iraq and so far we have had no reply. The Minister of State is currently in Africa. When he returns next Monday, he will be assisting the Minister, Deputy Cowen.

We have also sought the attendance of the Minister of State, Deputy Roche, who will be away all next week. I am not castigating the Ministers, who have European duties to attend to, but our first calls each morning are to the Department of Foreign Affairs and to the Department of the Environment, Heritage and Local Government to seek the attendance of Ministers or Ministers of State in the Seanad.

Senator Mooney rightly praised the investigative journalism of Charlie Bird. We all hear his voice at breakfast time and think that something serious is happening. That is true, but he could not have done it if he had not received the telephone call. That goes back to what Senator Brian Hayes said about whistleblowers. However, if a telephone call is made to him he will establish the credentials of the person and will, in turn, make it a national issue. That is the important matter with regard to his qualities.

Senator Feighan raised the issue of AIB and said that as a customer who was done out of money, he was glad to get something back. It is like medical consultants; we will all be reliant on a medical consultant at some stage and, therefore, we tread warily around them. It is the same with the head men and women in the banks. We tread warily around them because we may need extra financial accommodation or whatever, but we should remember that the consumers are important. Joe Bloggs and Mary Bloggs were done out of money by a financial institution and they are entitled to get back that money. Looking at the banks, it brings it back to where we are in terms of representing people.

Senator Lydon raised the same issue and called for a debate. We are entering into a six week period during which it will be almost impossible to get major debates, but we will continue to try.

Senator Quinn raised the issue of electronic tagging and the shortage of judges. Percentage wise in Europe we have, per capita, the lowest apportionment in the judicial system, which is very bad. There is a need for more judges.

Senator Maurice Hayes made the point that there is a thin line between investigative journalism and invasion of privacy. Certainly, taping is an invasion of privacy. He also referred to the Iraq photographs. I expressed the view earlier that when President Bush comes to Ireland at the end of June, the Taoiseach should express the abhorrence of the Irish people at the human rights violations in Iraq.

Senator Hanafin raised the issue of Guantanamo Bay. He also called what the AIB was doing racketeering, in the American meaning of the word.

The mini-debates we had here this morning on two major items, first, the scandal of what has happened in the AIB and the various positive proposals which have come forward and, second, the continuing emphasis on Iraq, are of importance. The question for us is how we can channel those energies which have given rise to those discussions and the way we can make an impact on these issues.

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