Mary O'Rourke (Fianna Fail)
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The Order of Business is No. 1, a referral motion whereby the subject matter of motion No. 13 is being referred to the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights, the need for the motion arising out of Ireland's ratification of the Amsterdam treaty, which came into operation on 1 May 1999, one effect of the treaty being to add a new title IV to the EC treaty, which deals with certain matters in the area of justice and home affairs, to be taken without debate; No. 2, statements on the Commission to Inquire into Child Abuse (Resumed), to be taken at the conclusion of the Order of Business and to conclude not later than 2.15 p.m., with speakers having 20 minutes each; No. 3, Criminal Justice (Temporary Release of Prisoners) Bill 2001 – Second Stage, to be taken at 3.30 p.m. and to conclude not later than 6 p.m. with the contributions of spokespersons not to exceed 15 minutes and those of all other speakers not to exceed ten minutes, Members may share time and the Minister to be called on to reply not later than ten minutes before the conclusion of Second Stage; and No. 14, motion No. 38, to be taken between 6 p.m. and 8 p.m. There will be a sos from 2.15 p.m. to 3.30 p.m.

Brian Hayes (Fine Gael)
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I asked the Leader yesterday to invite the Minister for Transport to the House as soon as possible to take questions about a number of public transport fiascos. We witnessed yesterday the absolute contempt Iarnród Éireann has for the travelling public in Dublin following its decision to belatedly inform commuters that it is making significant changes to its timetable as a result of works that will be carried out on weekends. Four days notice was given to the travelling public in Dublin and that is unacceptable. The Minister threw his hands in the air and said he knew nothing about the decision. However, he knew about this for months in advance. This is another example of the fiasco that is public transport in Dublin and if ever there was an argument for greater competition and the break-up of CIE, it is strengthened by the contempt shown for Dublin commuters yesterday. Will the Leader make time available before we break up tomorrow to debate this and other issues with the Minister for Transport?

Does the Leader plan to take statements on Northern Ireland involving the Taoiseach or the Minister for Foreign Affairs over the next few weeks? We are at a delicate stage in the peace process and we all wish the Government well in its endeavours. The Cory report was handed over to both the British and Irish Governments yesterday. While publication of the report will be sought in the future, that needs to be tempered with the current sensitivities in the process. A statement on all these matters from the Government over the next two weeks would be useful.

Joe O'Toole (Independent)
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I support the proposal for a debate on transport. I raised the matter yesterday and I would like to gently remind the Leader that she did not say whether she is happy to have such a debate with the Minister for Transport. Regardless of the points that were made, which were not tongue in cheek, it is a serious issue.

I would like to mention the plight of the families in north Mayo that were affected by the landslide there some weeks ago. There seems to be a "Dublin-centrification" of issues on this island at present. The traffic in Dublin is as it may be. As long as half the media personnel in Ireland live beside the DART line, there will be public comment about the fact that the well-off people who live near it are facing a problematic year and a half. I would like to know what the State will do to look after the families in north Mayo. If a couple of houses in Donnybrook were flooded, all sorts of movements would be made to ensure they were sorted out. People like those in County Mayo need to be supported.

Martin Mansergh (Fianna Fail)
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Hear, hear.

Joe O'Toole (Independent)
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I would like the Minister to come to the House to explain what he will do for the families in north Mayo. I have raised issues pertaining to rural Ireland time and time again. Senator MacSharry raised the issue of An Taisce on the Order of Business yesterday and Senator McDowell responded by asking what An Taisce is about. We need to examine this issue. Nobody favours the sale of sites for large profits or the construction of houses on top of the Burren. A proper balance should be struck between providing for an injection of houses and people in rural Ireland and recognising that there are decent people in An Taisce.

Ann Ormonde (Fianna Fail)
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Hear, hear.

Joe O'Toole (Independent)
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Some people in An Taisce are completely deluded and misinformed, however. This matter needs to be examined and dealt with in a balanced way. Similarly, I mentioned the rail line between Sligo and Rosslare yesterday. I did not know at the time of the accident near Cahir. Despite the half-assurances provided by the Minister in the other House yesterday evening, I am terrified that the accident will be used as an excuse to do what Iarnród Éireann has been planning to do all along – to close the rail line between Limerick and Waterford.

Martin Mansergh (Fianna Fail)
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That cannot be allowed.

Joe O'Toole (Independent)
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I would like an absolute assurance that there is no danger of the closure of the line. I am sure that public representatives from the constituencies in question will ensure that the matter is examined.

I would like a debate on the Government's policy in respect of the development of rural Ireland. The Minister's positive statement on decentralisation stated that towns that will benefit from the national spatial strategy should not expect also to benefit from decentralisation. I approve of this statement, but we need to know more about it. We should have a debate on this general area.

Brendan Ryan (Labour)
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Can I ask the Leader if we can have a debate on the apparent near-collapse of public use of the Freedom of Information Act 1997? There has been a reduction of 53% in the number of applications made under the Act since the Government emasculated it, in effect, in these Houses earlier this year. It would be very appropriate for this House to examine the Act and to invite the Government to explain how it can be said to be working well if the number of applications made under it has decreased by approximately half.

Can I remind the Members opposite, who seem to be under some pressure, that organisations representing the best part of 400,000 people will outline the positive aspects of the proposed smoking ban in a hotel near Leinster House at lunchtime today?

Rory Kiely (Fianna Fail)
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That is not entirely relevant to the Order of Business.

Brendan Ryan (Labour)
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I suggest that all those under pressure should attend the meeting to hear the other side of the argument.

Rory Kiely (Fianna Fail)
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That is a matter for individual Members to decide.

Brendan Ryan (Labour)
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They should stay away from the publicans for a while.

Rory Kiely (Fianna Fail)
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I do not think that is relevant to the Order of Business.

Brendan Ryan (Labour)
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They should listen to the people who know the truth and the whole story.

Rory Kiely (Fianna Fail)
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That is up to themselves.

Brendan Ryan (Labour)
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I want to ensure that Senators are aware of the meeting in question.

I ask the Leader to arrange a debate in this House about the non-cost elements of competitiveness. Too many people in this country, particularly economists, get away with examining the price of labour, goods or anything else and making judgments about competitiveness on that basis. A report published last year suggested that Dublin is the slowest city of the 12 cities assessed in which to make a business delivery. The proportion of freight carried by rail in Ireland is the lowest in any of ten countries. The report mentioned a succession of similar statistics, all of which are critical to competitiveness. There is a fixation with wage costs in this country, as if such costs are the cause of our competitiveness problems. Our competitiveness problems are far more wide-ranging than wage costs. I would like a debate in the House at some stage on all aspects of competitiveness other than wage costs. I ask the Leader to arrange for the appropriate Minister, if such a person exists, to come to the House when we have more time than usual. There may not be an appropriate Minister for such a debate, however, as we do not know who is responsible for anything anymore. Nobody is prepared to accept responsibility.

Brendan Daly (Fianna Fail)
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I am sure that many Senators watched the recent RTE television programme about the shortcomings in the fish farming industry, especially along the west coast. I want to say at the outset that I am very supportive of the fish farming industry, which has provided many employment opportunities and a great deal of economic prosperity along the western seaboard. The RTE presentation identified many instances of serious shortcomings and neglect in the industry, however. These problems will undermine the industry and cause immense damage to the prospects of future development in the aquaculture sector. Can the Minister for Communications, Marine and Natural Resources come to the House to provide information about the investigations that are being conducted at present? What action does he propose to take to stamp out the practices that are damaging the industry, putting at risk the livelihoods of hundreds of people and damaging the prospects of long-term economic prosperity and further employment in this very valuable and important industry?

Michael Finucane (Fine Gael)
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Senator Daly raised the issue I intended to discuss. When the matter was mentioned at a recent meeting of the Joint Committee on Communications, Marine and Natural Resources, an urgent discussion on it was requested. The recent revelations are a matter of great concern for those involved in aquaculture, which is a growth industry in this country. Some people were identified in the course of the RTÉ programme and some of the issues that were identified were highly irregular. I am aware that the Minister for Communications, Marine and Natural Resources is conducting an investigation into the matter. The revelations will damage the aquaculture industry. We need to ask if a standard of ethics applies when directors are appointed to committees that deal with the marine industry. I would like this matter to be examined by the Minister.

I would also like to express my views about the national car test. I know there is an emphasis on safety matters, but everybody is aware of the concerns that have been expressed about the high NCT failure rate since the introduction of the test. I am sure all Senators are aware that people pay a great deal of money to maintain their cars in order to ensure that they conform with the guidelines and pass the test. Having spent a great deal of money to prepare for the test, many people are bitterly disappointed when their cars fail for what appear to be very minor reasons.

Brian Hayes (Fine Gael)
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Hear, hear.

Michael Finucane (Fine Gael)
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This issue should be examined and a sense of tolerance should prevail. I ask the Minister for Transport, Deputy Brennan, and the Minister of State, Deputy McDaid, to examine this issue. I am sure many Senators have encountered people who have concerns about this matter.

Paul Coghlan (Fine Gael)
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Hear, hear.

Mary Henry (Independent)
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When the Clerk of the Seanad originally distributed the legislative programme for this session, the Criminal Law (Insanity) Bill and the Maternity Protection (Amendment) Bill were listed as Nos. 1 and 2. The Bills in question have now descended to Nos. 4 and 5. Given that they were discussed on Second Stage at least six months ago, I would like the Leader to let us know when it is hoped to take Committee Stage of the Bills. Like other Senators, I have tabled amendments to these very important Bills, which I hope can be taken without much further delay.

Paul Coghlan (Fine Gael)
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I wonder if the Leader is aware of the comments of Mr. Paul Appleby, the Director of Corporate Enforcement, in a recent edition of Public Affairs Ireland. In the course of his comments about public officials who act as directors of companies, he made the point that many of them are operating at a sub-optimal level in protecting the interests of taxpayers. If Mr. Appleby's claim is true, it is a rather serious matter. What steps, if any, are being taken by the Government in the light of the claim, in order to rectify the situation?

I forgot to thank the Leader yesterday for her interest and concern in Dinis. She visited it with me, the superintendent of the national park and the mayor of Killarney during the summer. I appeal to the Leader to maintain her interest and use her good offices to ensure—

Brian Hayes (Fine Gael)
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It was more than a visit.

Paul Coghlan (Fine Gael)
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—the speedy resolution of this problem.

Rory Kiely (Fianna Fail)
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That matter is not relevant to the Order of Business.

Paul Coghlan (Fine Gael)
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The conservation and preservation works were promised by Government many moons ago but nothing has happened yet.

Kathleen O'Meara (Labour)
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Yesterday, I asked the Leader to ask the Minister for Health and Children when the Hanly report would be published. It is extremely relevant to the health service generally but particularly to small hospitals. Meanwhile, it has been drawn to my attention that a consultant at Limerick Regional Hospital has said that the implementation of the working time directive for junior doctors would have a "lethal effect" on small hospitals. In that regard the issue is very urgent and I appeal to the Leader to have the Minister come here as soon as possible and account for decision making on the future of our health services. The public needs and is entitled to know of this and we would like to give the Minister our considered thoughts on the issue.

Paschal Mooney (Fianna Fail)
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Will the Leader consider a debate on the UN role in Iraq? This matter came up for urgent debate in the Council of Europe last week. The reason for the urgency was the change in the emphasis of American involvement in Iraq and its reconstruction. During the Taoiseach's excellent address to the General Assembly of the United Nations he indicated that if a request were forthcoming from the United Nations and the triple lock mechanism of the approval of the Security Council, the Government and the Dáil were to come into play Ireland could consider sending troops. This raises serious questions because of the ongoing terrorist attacks on troops in Iraq.

Brendan Ryan (Labour)
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They are not terrorist attacks. The attackers are wrong but they are not terrorists.

Paschal Mooney (Fianna Fail)
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Irish troops would be going into a different environment from those they are used to, as is happening in Liberia. In that light it might be useful for colleagues on all sides of the House to have an opportunity of expressing their opinions and a debate would give Senator Ryan an opportunity to discuss with me whether the attacks are terrorist or not. People are being killed in a post-peace situation and there is an obvious need to look at the situation in Iraq.

John Gerard Hanafin (Fianna Fail)
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I echo the call for a debate on a UN role in Iraq. It would be a timely opportunity for us to debate a UN role. It is, perhaps, timely that there would be a strong UN role in Iraq.

Will the Leader pass on my wish and that of many Members that the elections in Northern Ireland proceed and that a date for them be set as a matter of urgency?

Rory Kiely (Fianna Fail)
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Senator Feighan, do you wish to speak?

Frank Feighan (Fine Gael)
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Thank you, a Chathaoirligh. For more than two decades Irish people have travelled all over the world to work as guest workers. That situation has changed and now many foreign nationals are working in various industries, such as meat and food processing, in this country. Many Brazilians are working in Roscommon town, in my county. Much good and successful work has been done through the VEC and the local partnership but there are many problems among the success stories. I invite the relevant Minister to the House to outline the procedures undertaken to ensure we will have the best possible conditions for our foreign workers.

Rory Kiely (Fianna Fail)
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I did not see the Senator indicating. I would like Senators to make themselves visible to the Chair when indicating their wish to speak.

Mary O'Rourke (Fianna Fail)
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Senator Brian Hayes raised the matter of transport and the arrangements for work on the DART tracks and asked that the Minister for Transport attend the House to answer questions. I will put through the request but I do not have special powers of recall, unlike the voters of California. I can only put in a request and hope that the Minister will attend. Many requests have been received, including one from Senator O'Toole, for the Minister for Transport to attend the House. I have submitted a request and I am sure either he or the Minister of State at his Department will come.

The Northern Ireland talks are at a particularly sensitive point and will be for the next ten days. We all hope the date for the election will be settled soon. When that happens it would be correct to have a debate on this matter.

Senator O'Toole also raised the question of the families in north County Mayo and asked that the relevant Minister would come to the House to debate the matter. I will endeavour to have that happen. Senator Mansergh has submitted the matter of the Sligo to Rosslare railway line for debate on the Adjournment and the Cathaoirleach has agreed that it will be taken this evening.

Brendan Ryan (Labour)
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Yes.

Mary O'Rourke (Fianna Fail)
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We must receive information on why this has happened.

Brendan Ryan (Labour)
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We know why.

Mary O'Rourke (Fianna Fail)
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We are all bidden to the Shelbourne Hotel today to talk about non-smoking and I think we should attend.

Senator Ryan asked if any Minister is in charge of competitiveness and he talked about the non-cost element of competitiveness. I understand the Tánaiste is responsible for this area and I will put in a request for her to attend the Seanad. She is in Canada at present seeking to bring new industries to Ireland.

Senators Daly and Finucane raised the question of fish farming. The "Prime Time" programme on this subject was frightening. I will ask the Minister for Communications, Marine and Natural Resources to come and talk about the matter.

Senator Finucane also referred to the national car test. When the national car test was introduced it was stated that the test would become stricter as time went on. That is what appears to be happening and 60% of cars now fail the test compared with 40% when it started. The purpose of the test is to ensure safety on the roads and having cars in good condition.

Senator Henry spoke about the Criminal Law (Insanity) Bill and the Maternity Protection (Amendment) Bill. I have asked about those Bills because both have passed Second Stage. There appears to be grave difficulty with proceeding with the Criminal Law (Insanity) Bill. I know that Senator Henry and others have submitted several amendments to the Bills and I will endeavour to have an answer regarding both of them by tomorrow.

I have not heard of Mr. John Appleby's observation that many public servants are also directors of companies. Could Senator Coghlan tell me where he read about this so I can investigate it?

Senator O'Meara asked about the status of the Hanly report. I asked about the matter yesterday and I understand the report is before Cabinet but has not yet been cleared by it. The quicker this happens the better. All will then be out in the open and we can discuss the many issues arising out of the report.

Senator Mooney requested a debate on a UN role in Iraq. He referred to the Taoiseach's speech to the General Assembly of the United Nations when he spoke about the triple lock mechanism and what it might mean for our troops if that ensued.

We had a debate on Iraq and the UN at the Joint Committee on Foreign Affairs, but a debate in the House would be very useful.