Seanad debates

Tuesday, 25 June 2024

An tOrd Gnó - Order of Business

 

1:00 pm

Photo of Lisa ChambersLisa Chambers (Fianna Fail) | Oireachtas source

I thank the Leas-Chathaoirleach and all Senators for their contributions this afternoon. I note he has left us but I welcome the Slovenian ambassador as well. He was in the Chamber with us earlier, and I wish them well on their national day.

The first to speak today was Senator Shane Cassells. I acknowledge that most Senators acknowledged the sad passing of Micheál Ó Muircheartaigh. As I was coming to the Chamber today, I was listening to "News At One" and the piece that was done about him and his life. He was certainly known to most people in the country. Even if people were not actively involved in the GAA or watching matches all of the time, they would still have been very much aware of his commentary and his advocacy for the Irish language, culture and our national game. One of my strongest memories of him, which does not appear to be known to lots of people, was the video he did about making a ham sandwich, which was covered by The Irish Times in 2015. If people have not watched the video, they should because it is an exemplary display of fantastic language, making the mundane interesting. Only he could have done it, and it was very entertaining for a three-minute video. There was very little to it but because he was the person speaking I was enthralled the whole way through. I extend my sympathies to his family, community and all of his friends. I am sure they are deeply saddened today but the age of 93 is a fantastic age to reach. He will be forever and deeply missed.

I also want to acknowledge that former RTÉ broadcaster Tommie Gorman has also passed away today. He was very young, and he is a man who will be sadly missed. He has given lots of service and has been in every home in the country. I extend the sympathies of the House to his family, former colleagues and all of his community and friends. Ar dheis Dé go raibh a anam.

Senator Cassells spoke first today about Natasha O'Brien, who was in the Dáil Chamber earlier and received a standing ovation, which she absolutely deserved.This is a case which has taken over the country in the past number of days and which has brought people out to protest. People who have never protested before took to the streets in Dublin, Limerick and Cork. It showed that while we speak a great deal about a zero tolerance approach to violence against women, sometimes those words are not followed through with concrete action.

While I understand, and I would perhaps disagree with some of the points made, I believe, by Senator Conway, on the use of a suspended sentence. It does have its uses, in that there is an acknowledgement of a guilty plea. It saves the victim and the process of going to court. It also saves the State time and resources but it is difficult to reconcile that with a fully suspended sentence in the context of the severity of the crime. What was particularly chilling for me about the case was the Snapchat story where he boasted - two to put her down and two to knock her out. It was a deeply chilling thing for somebody to say, which showed intent and somebody who had really thought about their actions and who was proud of what they did until it had significant consequences for them personally. It is very hard to reconcile that with somebody walking out of the court free and the victim being told they should be happy because they did not have to go through a trial process. I want to thank Natasha O'Brien for her bravery, for highlighting what needed to be highlighted, for being a voice for others who did not have a voice and for really making everybody ask whether we really doing all we need to do when it comes to tackling violence against women.

I think there is a cultural thing in terms of assessing the impact on the victim and the proportionality when it comes to deciding what the sentence should be in those cases because this is not the first case of this kind in respect of a perceived lenient sentence and I am sure it will not be the last. I hope that it will spark a change in how we sentence those who violently attack women and others in this country.

Senator Cassells also congratulated our next European Commissioner, Deputy Michael McGrath, and our new Minister for Finance, Deputy Jack Chambers. I congratulate both colleagues and wish them the very best in this new chapter. Both of these are significant roles and important positions for the country at a really pivotal time. I wish both the Minister, Deputy McGrath, and the Minister of State, Deputy Chambers, the very best.

Senator Paddy Burke spoke about the OPW in respect of submissions to planning authorities. I support the Senator's calls that those submissions should be made public because of the significant consequences for homes already built in those areas, which are then designated as a flood area and the inability to get insurance or planning in those areas.

Senator Clonan spoke about the tribunal of inquiry into the Defence Forces and made a very impassioned contribution to the Chamber. I acknowledge the Senator's many years of work in this space in terms of the cultural issues within the Defence Forces in regard to sexual violence. We have seen a very serious addressing of that. The Minister for Defence has been very clear that this needs to be dealt with and there is a process of reform happening within the Defence Forces.

I also acknowledge the equally impassioned speech of Senator Craughwell, who is a former member of the Defence Forces. It is important to acknowledge that not every member engages in activity of that nature and, in fact, it is a very small number. The vast majority of men and women serving in our Defence Forces are exemplary individuals who serve their country and the State, and are patriots. Like all of us, I am sure they are deeply saddened by the Natasha O'Brien case and any other challenges within the Defence Forces. It is difficult for those members to listen to the sometimes consistent denigrating of the Defence Forces and its members as if everybody should be painted with the same brush. Both Senators made very important comments, coming at this issue from different angles, although both are very relevant.

Senator Sherlock spoke also about Ms O'Brien. She made a particular call around the use of school property and buildings. I am not familiar with the schools mentioned by the Senator but it might be worth tabling a Commencement matter specifically around the newly published guidelines around the use of school property for after-school use.

Senator Flynn raised issues as she would see them around CervicalCheck and has called for the lowering of the age from 25 to 20 for the start of the screening process.Policy decisions of that nature should be based on evidence and medical fact. I am not against a reduction but I think there is probably a reason for starting at 25. If there were merit in lowering the age, I would certainly have no difficulty with that as long as it were evidence based.

Senator Dolan, who was here earlier, welcomed a group from a local school in Ballinasloe.

Senator Malcolm Byrne raised the issue of fees for criminal barristers, as did Senator Seery Kearney. Both Senators asked for an unwinding of the cuts that were imposed. Criminal barristers are the last public servants to still be facing significant reductions in fees. Senator Seery Kearney spoke about the high attrition rate from the criminal Bar as well and said that needed to be addressed. There was a 10% restoration last year, I believe, but there is still a way to go and I understand the Minister is keen to engage on that.

Senator Craughwell spoke about the Defence Forces and drew attention to recent comments where accusations were levelled at the Defence Forces that they are somehow shielding or hiding criminals within their ranks. I agree with the Senator that remarks of that nature are wholly unfair to a large organisation that serves the country with distinction.

Senator Murphy spoke about Mícheál Ó Muircheartaigh and the Irish language, which was a very important point. He was an important advocate and ambassador for the language. The Senator also asked for statements with the Minister of State with responsibility for the OPW. I have requested those and will seek an update on when they will happen. I fully agree the Lough Funshinagh matter has not been resolved, and if it is not resolved soon, it will be only a matter of time before we are back into dreadful weather when more homes will be impacted.

Senator Carrigy spoke about issues relating to local schemes and voluntary committees.

Senator Keogan requested a debate on migration. I have requested that debate but it has not been forthcoming. It is open to groups within the Seanad to use their Private Members' time to table motions on a debate, which is another avenue to secure a debate on a matter where I, as Leader, find it difficult to get a Minister to attend on a given topic.

Senator Maria Byrne spoke about Natasha O'Brien and I concur with her remarks, which were very well put in how she referred to her bravery.

Senator Conway made points about suspended sentences and argued they should become a rarity. They do have a role and function and we have to respect the independence of the Judiciary. That is not to say we cannot look at sentencing overall, but suspended sentences do play a role in some instances and they should be considered on a case-by-case basis.

Senator Hoey asked for an update on the character references Bill. It is still where it was left and it has not progressed. The Minister was keen to advance the Bill, probably through a miscellaneous Bill of her own, and we are still waiting for that to happen. Recent events have shone a light on the matter. Judges will say references do not influence their decision and that it is the right of a defendant to put forward anything he or she may wish to put forward as part of his or her case, but I think human nature would suggest they probably do influence decisions because one cannot unhear what has been said. We should be well past the stage where somebody is referred to as a great fella, a pillar of the community or a fantastic man in the area despite recent incidents. That has no place and I do not think a victim should have to listen to it. The case should be tried on the evidence before the court and not on somebody's opinion.

To respond to Senator Mullen, I am not sure about getting a debate on the libraries issue but, again, it might be worth tabling a Commencement matter or a Private Members' motion. I would ask that the Senator be concise in respect of whether it comes under the remit of the Minister for Education, the Minister for higher education or the Minister of State with responsibility for local government, given it applies to libraries. I am not sure where it would fit, so it would need to be phrased in a specific way. I take on board the Senator's points. There are varying views out there and it is very hard to keep everybody happy but I take on board the points he made.

I am not familiar with the case Senator Ward raised but I take his point, which he made well, about addressing some of the misinformation that was put out.

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