Seanad debates

Wednesday, 24 May 2017

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael) | Oireachtas source

I thank the 16 Members of the House who contributed to the Order of Business.

I join the Cathaoirleach and all Members in welcoming Dr. Omar Shuayb, the trade and investment Minister from Somaliland, to the Chamber. I join all of my colleagues in sending congratulations to our colleague and friend, Senator Lorraine Clifford-Lee and her husband, John, on the birth of Edward, and wish them every happiness and joy. Certainly, from looking at the photographs on social media, Edward is surrounded by love. We wish all the family a happy and enjoyable few days before sleep deprivation kicks in. It is a day of celebration.

The majority of Senators this morning have raised the overarching issue of white collar crime. Senators Ardagh, Bacik, Conway-Walsh, Colm Burke and Mac Lochlainn all raised the issue, in particular the issue of the decision in the courts yesterday regarding the trial of Mr. Seán FitzPatrick. The matter is also before the court today as well and, as the Cathaoirleach rightly stated, we all should be cognisant of our remarks. It is important we recognise that there is disappointment and dismay at the decision announced yesterday, irrespective of one's viewpoint. I certainly share Senator Mac Lochlainn's view in terms of the litany of reports and events, and the lack of prosecution for whatever reason. It is bewildering that we have this type of outcome when perhaps there is an outcome that we all think differently about, but the courts are independent of us all.

There is a need to address the issue of white collar crime. As a first step, I have asked the Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor, to come to the House because the Office of the Director of Corporate Enforcement falls under her remit. From a perusal of the remarks yesterday - I have not gone into them in detail - what happened is disappointing. There are serious questions to be answered regarding the manner in which this trial was approached. From what the Senators, particularly Senator Ardagh, have stated, there is a right to fairness and a right to a presumption of innocence, but there is also a right to expect things are done properly and that seems to be missing in this. It is bewildering to the citizen outside who is watching from afar who expects those charged with responsibility to do their job properly. Certainly, the conduct of the case looks to have been poor. It looks to have been badly handled. Those issues must be addressed and I have asked the Minister to come to the House.

The Minister, Deputy Mary Mitchell O'Connor, has asked the director of the ODCE for a full report, including on the role of all professionals in the case. That needs to be examined and there needs to be outcomes from that. It is no longer good enough to say we must learn lessons. I fully agree with Senator Mac Lochlainn that the lessons have not been learnt. There is a litany of instances in which there has been a lack of prosecutions that we need to see addressed.Although I do not want to stray offside, it is upsetting when one sees the people of one's country collectively paying a price and nobody being held to account. As politicians, we have all been held to account for the stewardship in government. We fall or are re-elected, but there is nobody being held to account at another level, which is appalling. It is absolutely appalling that nobody is being held to account in spheres other than the political sphere. The Minister has said she will examine the report and review the judgment when it is available from the court. The issue of resources was raised. Since the Minister took office, she has increased the resources for the office. They include five forensic accountants. There has also been the recruitment of digital forensic specialists.

Senator Catherine Ardagh referred to the report of the Ombudsman for Children, Dr. Niall Muldoon. In my former role as Chairman of the Oireachtas Joint Committee on Health and Children, I always found Dr. Muldoon to be a person of extraordinary probity, who in his role was very much focused on achieving positive outcomes. He is very clear in his annual report and makes very valuable contributions through being available to the Oireachtas committee and giving advice to the Government. He raises issues of importance that have an impact on the lives of children and their families. His report is one that we need to examine in its totality. Certainly, the issues raised by Senator Catherine Ardagh need to be addressed. It is important to recognise, however, that this and the previous Government have been committed to protecting children's rights. The previous Government set up a full Department of Children and Youth Affairs. We also had a referendum on children's rights. The Child and Family Agency, Tusla, was created. We launched strategies on the role and rights of the child. The introductory remarks made by Dr. Muldoon in his report are worth examining as they reflect the range of sectors in which the Government has had an impact on the most vulnerable. The Minister for Children and Youth Affairs, Deputy Katherine Zappone, is committed, with the Ombudsman for Children, to ensuring the protection of the rights of the child and greater investment. I am a great proponent of early intervention and the need to intervene early through the early years strategy.

Senator Joan Freeman referred to Linn Dara and raised the matter of treating a 16 year old in an emergency department. Any of us who understands the significance of her remarks recognises that there should be no child of that age in need of psychiatric care in an emergency department at any time. The Minister of State, Deputy Helen McEntee, the line Minister with responsibility for mental health services, is prepared to work with all people, political parties and Independents to ensure the issue is prioritised. We will not be bringing the Minister for Health, Deputy Simon Harris, to the House but the Minister of State. As the Senator knows well, the HSE administers the Vote, the funding for mental health services. As I stated yesterday on the Order of Business, we all accept that there is a need for increased funding for mental health services. The Government has already provided for such an increase. There are posts being created and additional moneys being made available. The Senator should sit down with the Minister of State and those involved in the cross-party group on mental health to ensure positive outcomes are achieved.

With regard to Linn Dara, which was referred to yesterday and again today by Senator Joan Freeman on the Order of Business, the Minister of State, Deputy Helen McEntee, visited the facility yesterday. Nobody is being discharged to allow a bed to be closed. That is the first point we should make. The HSE is working to increase the capacity of child and adolescent mental health services. In the case of Linn Dara, the core issue relates specifically to the difficulties being encountered in the recruitment of mental health professionals. Therefore, it is not a matter of funding availability but about staff recruitment. From my conversation with the Minister of State this morning prior to the taking of Commencement matters, I learned that she was determined to have the matter resolved and that no child would be turned away and no bed closed on the basis of what some were alleging.

I will not be accepting Senator Rose Conway-Walsh's proposed amendment to the Order of Business. She referred to GMIT.

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