Seanad debates

Thursday, 7 December 2006

10:30 am

Photo of Joe O'TooleJoe O'Toole (Independent)

Will the Leader respond to an issue discussed earlier in the week which concerned the Minister of State, Deputy Tim O'Malley? I do not wish to speak about the personal aspect. If he made a mistake, he can deal with that mistake. However, I am interested in raising the issue which was under discussion. Other Members, including the Leader, were of the opinion it would be important to have a debate before Christmas on the issue of psychological and psychiatric support structures and access levels for children as this is an important issue. We thought that after the budget would be a good time to have that debate. Will the Leader invite the Minister of State to the House? I will not call for his resignation. I met him and told him what I thought of what he said and I am ready to move on. The issue has been opened up for discussion. The Leader stated that the controversy has at least brought public attention to an issue that was being ignored and which needs to be discussed.

With reference to the matter raised by Senator Brian Hayes, I raised this matter in the House following the resignation of Judge Curtin and in fairness to the committee, Senator Brian Hayes was incorrect with regard to the committee's commitment. What happened on the day was that Senator Hayes, I and others asked that the committee which had done such work in treading through an almost impossible series of connections between personalities, legislation, common law and the Constitution, had developed significant experience which needs to be capitalised upon. I would like the committee to report to the House, not on that case in particular as it has given us its report on that, but to give its opinion on how similar cases might be dealt with in the future. I would like the House to have a discussion on the draft legislation which was attached to report No. 5 of the All-Party Oireachtas Committee on the Constitution which dealt with the unfortunate business concerning another Supreme Court judge some years ago.

I stated during the Curtin affair that the Oireachtas did not have its house in order to deal with such situations and they will happen again. Legislation should be enacted. The committee spent two years considering this issue. The members know more about it than anybody, it would be interesting to hear of the pitfalls and they could give a general view of the legislation drafted.

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