Seanad debates

Friday, 23 March 2007

11:00 am

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

I would like to correct the record because Senator John Phelan was referring to electronic voting as opposed to e-voting. The issue of e-voting has not yet been discussed in either House and it is time it was introduced in order that people could vote no matter where they were. If we can pay our mortgages over the Internet, we should also be able to vote. That would eradicate the problems associated with electronic voting machines. That is the future.

I noted with interest the points made by Senators Ormonde and Norris about the liability attaching to school boards of management and the State's refusal to acknowledge its responsibility towards children who were abused while in the care of State-run schools. However, there is a sense of déjÀ vu. This argument was made during the Mrs. McCole case when a Minister acted solely on legal advice. My Fianna Fáil colleagues should read the speeches they made about Deputy Noonan during that period because they are walking into a similar scenario on this issue, with legal advice taking over from political decision-making, which is not acceptable. This issue is being dealt with by the State Claims Agency. I would like someone to come into the House to explain how the agency takes the Government to court repeatedly and which Minister is responsible for it. As I understand it, the agency is attached to the Office of the Director of Public Prosecutions which issues letters on behalf of the Government. A man was recently suspended from the office, as he was connected to an investigation into child pornography. I asked the Minister whether that person had anything to do with legislation in this area and was assured the person had not. Did that person have anything to do with the decision to fight these cases?

Persons who serve on boards of management, similar to those who serve on State boards, can be sued individually or as part of the board and should be indemnified by the State against any liability that might arise. This should be a condition of sitting on the board of management of a school. Is the political system in charge of decisions to fight claims? Is the State taking the decisions? The membership of boards of management comprises teachers, parents and other members of the community who do their very best. Members should recall the Mrs. McCole case because the same scenario is unfolding in abuse cases. The then Minister for Health and Children doggedly followed the advice of his lawyers. People know what happened them and Fianna Fáil used the case very effectively at the time against Deputy Noonan. The same speeches need to be made on this issue.

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