Seanad debates

Wednesday, 7 October 2015

10:30 am

Photo of John WhelanJohn Whelan (Labour) | Oireachtas source

I welcome the Minister of State, Deputy Phelan. If I thought the House would get as constructive, comprehensive and positive a reply to all motions then I would put one down every day. I thank colleagues on all sides of the House for their contributions and input. It was important to air this subject. We had no prior knowledge of the work going on behind the scenes in the two lead Departments on this issue – the Department of Justice and Equality and the Department of Finance – and I welcome that information. As Senator Colm Burke has said, we have been waiting on legislative movement on the periodic payments issue. To be fair to the legal fraternity, which I have often beat up on, it has been pushing for that change for the last 20 years. It would be great to see it finally addressed in legislation rather than just in a voluntary, pilot fashion.

I take into account what the Minister of State has said regarding the range of other reforms in terms of open disclosures and the different approach now being taken, but the substantive issue is that the Government has put on the record formally here that a substantive and significant reform of the process is under way and will result in legislation being introduced later this year. This is welcome and I hope we are all still around to see that.

Reform is a slow moving train but I would at least like to nudge it out of the sidings in this regard. I would also wish to replace the equally slow moving gravy train that can get caught up in some cases. Regardless of what some colleagues might think, I am not having a cheap cut off anyone, but there are some outrageous examples of protracted cases log-jammed in the High Court which run up unnecessary legal bills. This is not good for the State or the citizen. I do not wish to disrespect the Minister of State's reply but the next case coming down the tracks relates to the swine flu vaccine and the resulting instances of narcolepsy experienced in some families. Unfortunately, because of the current system, the HSE and the Department of Health are not engaging with the families. This matter will therefore end up in the courts. I would like to see it perhaps being an example of the courts being avoided. I understand that the families would prefer that.

I will now turn to the other points made by colleagues. I do not wish to get bogged down in an adversarial situation, but I have to put on the record that it is unfair that while some reforms have been slow in coming, the Minister for Public Expenditure and Reform, Deputy Howlin, has achieved significant reforms in other areas. We have had, for example, the following: reform in the areas of freedom of information; the introduction of an independent charities regulator; an independent Garda authority; the register of lobbyists; and transparency in appointments to State boards and invitations being sought. So it is not true to say there has been no significant reform. We have made significant progress and, along with colleagues, I keenly await the progress on Seanad reform.

The expert working group on Seanad reform, which includes former colleagues from this House, Dr. Maurice Manning, Mr. Pat Magner and Mr. Joe O'Toole, has brought forward proposals which deserve serious consideration. I think the recommendations are worthy and deserve to be implemented. I would like to see this reform happening but it does take time to address these matters. This Government has achieved significant reforms and it would be unfair not to put this on the record. Unfortunately and typically Sinn Féin has done what it always does, namely, it has left the building. They shoot first and then don’t even ask questions, they leave the building and do not wait for anyone else’s view or explanation. The only courts in which they seem to want to represent anyone are kangaroo courts. I will certainly not take any lecture from anyone in Sinn Féin regarding its concern for the small person. I saw no interest from Sinn Féin in the case of Maíria Cahill when she turned to them for help and assistance. I shall treat the Sinn Féin tuppence worth here today with the contempt it deserves.

I conclude by thanking the Minister of State, Deputy Phelan, for bringing to the House the good news that reform of this system is under way and that significant legislation is on its way. Hopefully that will result in a change of approach and a change of culture which will be good news for everyone.

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