Seanad debates

Wednesday, 7 February 2007

10:30 am

John Dardis (Progressive Democrats)
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The Order of Business is No. 1, Citizens Information Bill 2006 — Second Stage, to be taken on the conclusion of the Order of Business and to conclude no later than 2 p.m., with the contributions of spokespersons not to exceed 15 minutes, those of all other Senators not to exceed ten minutes and the Minister to be called upon to reply no later than ten minutes before the conclusion of Second Stage; No. 2, Broadcasting (Amendment) Bill 2006 — Committee Stage, to be taken at 2.30 p.m. and to conclude no later than 5 p.m.; No. 3, Communications Regulation (Amendment) Bill 2007 — Order for Second Stage and Second Stage, to be taken if No. 2 has concluded before 5 p.m., with the contributions of spokespersons not to exceed 15 minutes, those of all other Senators not to exceed ten minutes and the Minister to be called upon to reply no later than ten minutes before the conclusion of Second Stage; No. 4, Statute Law Revision Bill 2007 — Order for Second Stage and Second Stage, to be taken on the conclusion of Private Members' business, with the contributions of spokespersons not to exceed 15 minutes, those of all other Senators not to exceed ten minutes and the Minister to be called upon to reply no later than ten minutes before the conclusion of Second Stage; and No. 24, motion 37, to be taken between 5 p.m. and 7 p.m. There will be a sos from 2 p.m to 2.30 p.m.

Photo of Brian HayesBrian Hayes (Fine Gael)
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More than four years ago, the All-Party Oireachtas Committee on the Constitution unanimously recommended to the Government that before a constitutional referendum takes place, there should be at least 60 days of discussion on the matter. It recommended the optimum period of 120 days. In light of the Government's stated intention of holding a referendum of children's rights and child protection, will the Acting Leader agree that a more sensible approach by the Government would be to publish a White Paper on its views on these matters? The only consultations the Government has so far undertaken have been between the two largest Opposition parties in the Lower House and interested parties in the community and voluntary sector. Throughout the 1980s mistakes were made with rushed and politically motivated constitutional referenda. It is not good practice to hold a referendum so close to a general election.

Will the Acting Leader agree a White Paper should be published? Two principal issues are at stake. First, there are those issues that arose from the CC case, which are urgent and require the Oireachtas to make legislative changes to give an absolute zone of protection to children. The other issue concerns amendments to Article 42 of the Constitution, relating to children's rights, and in respect of which it is more difficult to arrive at a consensus position. This would be more sensibly left for a longer period of reflection, consultation and discussion among society in general so that we can reach a consensus that is agreed by all and which can be confidently implemented.

Photo of Joe O'TooleJoe O'Toole (Independent)
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I could not agree more with the points made by Senator Brian Hayes. I received two telephone calls in the past 24 hours from constituents wishing to know exactly what is involved in the proposed referendum. There is a general view that a referendum on the rights of children must be a positive development, and most people tend towards being supportive of it. However, Members who ask their constituents whether they know what the referendum is about will find that most do not.

I agree that rushing into such a referendum will not achieve anything like the type of consensus that is desirable. As an Independent Member, I am also concerned that the debate on this issue is breaking down along party political lines. This should not be a political issue. I am not saying that either the Government or the main Opposition parties are trying to make it such, but that is what is happening.

We have almost become out of practice when it comes to White Papers. It is, however, an important part of the parliamentary process that there should be discussion of White Papers and Green Papers on various issues. I suggest to the Acting Leader that we have a debate on this particular issue as soon as possible to ascertain Members' views. It is only then that we will discover the wide variety of views on this issue, as well as the level misunderstanding around it. It is a highly complex issue. The constitutional group, comprising experts on such issues, took a long time to issue its response. It is unfair to expect others to understand all the implications in such a short timeframe. It is inappropriate to rush into this before an election and there is no reason that it cannot be postponed. We must allow a debate to take place.

A recent survey shows that one in six parents take their children out of school during the school term to take advantage of low air fares and holiday breaks at home and abroad. The Government should consider making travel companies and tourist outlets aware that by increasing prices at times when schools are on holidays, they are presenting parents with an inducement they cannot afford to ignore. I am not saying that we should interfere with how the market works. However, this practice is causing great disruption in schools. I understand parents' actions; the difference in fare prices before and after a mid-term break, for instance, is huge. The Minister for Arts, Sport and Tourism should enter talks with the appropriate tourism providers to ascertain whether there is a way of dealing with this, not to prevent businesses from making profits but at least to have some type of graded approach.

I wish to comment on today's Order of Business. I am always dissatisfied when it is decided that if a particular debate finishes before a certain time, we will move immediately onto the next matter. I understand the pressure of business but I would prefer sufficient time for each debate. I understand the difficulty today and I do not object to the proposed arrangement. I ask the Acting Leader, however, whether we can at least agree that there be a half an hour break between Nos. 2 and 3 so that if Members are at a meeting, for example, they can organise to return to the Chamber.

John Dardis (Progressive Democrats)
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That will only arise in the event that the debate on No. 2 ends early.

Photo of Joe O'TooleJoe O'Toole (Independent)
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Exactly. If the debate on No. 2 finishes early, we should not go straight to No. 3. Otherwise, Members may not realise the next debate has begun. Members must be able to organise their day.

Photo of Brendan RyanBrendan Ryan (Labour)
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I hope the Cathaoirleach will indulge me by allowing me to thank the Fianna Fáil press office for the enormous publicity it generated for me by objecting to a photograph of myself and Fidel Castro.

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

Photo of Brendan RyanBrendan Ryan (Labour)
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I am grateful for the press office's professionalism and efficiency, and would like to record my awe of its skill at getting publicity for Opposition Members.

Rory Kiely (Fianna Fail)
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Senator Ryan should speak on matters relevant to the Order of Business.

Photo of Brendan RyanBrendan Ryan (Labour)
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I appreciate the Cathaoirleach's indulgence.

Rory Kiely (Fianna Fail)
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I did not grant Senator Ryan any indulgence; he took it.

Photo of Brendan RyanBrendan Ryan (Labour)
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Can we have a debate in the immediate future on the grievances being articulated by nurses, the apparent conflict, once more, between the Taoiseach and Minister for Health and Children regarding the approach to this issue, the apparent dissent within one of the Government parties to the Minister's approach, and, far more seriously, the quality of the working conditions and rewards we offer to nurses? Most people who have experience of any aspect of our hospital service recognise that nurses work extremely hard under extraordinary pressure for rewards which are small relative to those enjoyed by persons who claim to be the great and the good in this country. A debate in this House in which the views being expressed behind closed doors could be articulated in public might help us to advance the cause. I ask the Acting Leader for some indication that such a debate might take place.

Yet again, I raise the issue of the apparent descent into something close to civil war in the Palestinian territories in Gaza. The use of language in discussions of this issue is extraordinary. It has been omitted or lost by many commentators that there is an elected Government in the Palestinian territories to which nobody will talk. This is a recipe for instability. The Western world, and the world in general, has taken a single view on this. That view is part of the problem.

On the Order of Business, the Acting Leader announced that No. 2 will conclude at 5 p.m. Does this mean that if Committee Stage is not completed by then, he will terminate the debate?

I agree with my colleagues, Senators Brian Hayes and O'Toole, that the issue of children's rights in the Constitution is far too profound and complex to be rushed. We in this House regularly encounter mistakes in legislation. This was the case as recently as last week. The prospect that an erroneous, badly phrased or ambiguously worded amendment relating to children's rights might be included in the Constitution is something that should concern us all. I appeal to the Government to consider a means of allowing these issues — about which there is an overwhelming consensus in many cases, at least in terms of the objectives — to be debated in a way that does not generate either disagreement within the Houses or disagreement through misunderstanding or malicious representation outside the Houses. The best way to calm such matters is to leave sufficient time for debate and not give the impression that the process is being rushed.

Photo of Martin ManserghMartin Mansergh (Fianna Fail)
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We all expressed concern earlier this week about how we might mitigate the impact of global warming. We must also pay some attention to mitigating the impact of such global warming as will happen in any case. Last summer's so-called drought led to significant and still ongoing water supply problems in high-lying areas. We would be outraged if there were power cuts every day, often lasting several hours, in various areas throughout the State. That is what is happening in regard to water supply, which is a basic need of life.

I am aware that the various local authorities are working hard on the problem. I refer not only to group water schemes but also public water supply. We must raise this issue up the national political agenda. People ought to have the same right to uninterrupted water supply as they have to uninterrupted electricity or gas provision, telephone lines and so on.

Michael Finucane (Fine Gael)
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On a previous occasion, I raised the possibility that the Minister for Communications, Marine and Natural Resources might come to the House to address us on the issue of An Post. There is now a sense of urgency in respect of this issue because we all understand we will see the wholesale closure of post offices once the general election campaign is over. I understand An Post is holding off until after the general election in case the Government might be embarrassed by the closure of post offices. Many non-automated post offices will be closed while others will be automated. Many of these smaller post offices also have grocery businesses and their only hope of survival requires the continuation of both businesses. If the post office component of these businesses closes, the grocery shop will close too. Then we will again bleat about the demise of rural Ireland.

I would like the Minister to come to the House and be honest with us in respect of what is happening in An Post. Over the next few weeks those involved in the post office business will highlight the serious situation in which they find themselves. Rather than wash his hands of what is happening, I would like the Minister to come to the House and tell us honestly what is happening.

Photo of Mary WhiteMary White (Fianna Fail)
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Will the Deputy Leader arrange an urgent debate on mandatory retirement? On Monday, the Taoiseach launched the European year of equal opportunities for all. How can we have equal opportunities when people must retire at 65 years of age? A recent MRBI-The Irish Times poll stated that 43% of people in their 50s said they would like to work beyond the age of 65.

Don Lydon (Fianna Fail)
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Especially Senators.

Photo of Mary WhiteMary White (Fianna Fail)
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At a time when there is a shortage of skills, we are letting skilled people leave the workforce. I have received numerous telephone calls and letters from people whose hearts are broken and who are fit, healthy and are able to do their jobs but who are being told to retire at 65 years of age. Many of them work in this building.

This year Senator Maurice Hayes will be 80 years of age. Think of what the Seanad would be like without his wisdom. The Cathaoirleach will be 73 years of age in May and his discerning diplomacy——

Rory Kiely (Fianna Fail)
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I am very well aware of that.

Photo of David NorrisDavid Norris (Independent)
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Will the Senator reveal her own age?

Photo of Mary WhiteMary White (Fianna Fail)
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I congratulate the Cathaoirleach. The point is that politicians do not have to retire, so why should people in the public and private sectors have to do so?

Rory Kiely (Fianna Fail)
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That was very eloquently put.

Photo of David NorrisDavid Norris (Independent)
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Since the House is in such good humour, should we not recognise what a beautiful day it is and what a relief it is in a period of global warming to see a bit of ice, frost and snow? I agree with Senator Mansergh that we should be very concerned about climate change and that is why I have a number of items on the Order Paper in that regard. I hope that at some appropriate time this issue will discussed in some detail. It is worrying when one sees the way political leaders tack into the wind. It is not very dignifying to see Ms Merkel, for example, championing the automobile industry of her country while holding the Presidency of the EU. We would give a lead if the Oireachtas required all its joint committees to have an environmental audit because so much of the work we do has, in one way or another, an environmental impact.

I laugh when I hear people talk about the water supply and so on. This is a damp little island and we are subjected to perpetual deluges of rain. It is a simple problem of bad management and the sooner the county councils and other authorities wake up to this and do their jobs, as they are supposed to, the better.

I disagree with my colleague, Senator O'Toole. Everybody does not agree there should be an amendment protecting the rights of children in the Constitution. I do not; I never have. It is not because I am inimical to the rights of children but because this is another fudge. What we want is an article guaranteeing the rights of the individual. Let us have that instead of this gimmicky politics coming up to a general election trying to sentimentalise the issue and get votes. Let us address the real issues of equality and copperfasten, as they did in the 1916 Proclamation, the rights of the individual.

Can we have a debate on the health service which does not only involve scoring party political points, because we really need to look at the issue? Yesterday, the issue of MRSA was raised. Today, we hear there is no hot water in unit 3 of the James Connolly Memorial Hospital. How can we expect people to wash, or be washed, if there is no hot water? There is no signing facility for patients who are deaf. They cannot explain their symptoms. Worst of all, the situation of Mr. Neary is yet again to the fore. We have been very badly let down by the medical profession.

Rory Kiely (Fianna Fail)
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The Senator's point has been eloquently made.

Photo of David NorrisDavid Norris (Independent)
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I want to finish this point. The report spoke of collegiality and compassion. Those qualities were not shown to the patients but to the doctor who has been found unfit to practice. Three of the most eminent doctors in this country would have sent that man back with a clean bill of health and a note stating the patients were lucky to have him. That is an insulting approach, shows a total lack of moral courage and is the old boy network in practice.

Rory Kiely (Fianna Fail)
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There are many Senators offering and I would like a bit of brevity, if possible, so I can accommodate them all.

Tom Morrissey (Progressive Democrats)
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It is now 12 months since Transport 21 was approved by this Government. It is also more than 12 months — December 2005, I believe — since the Minister for Transport was last in this House.

Photo of Shane RossShane Ross (Independent)
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Do not bring him back.

Tom Morrissey (Progressive Democrats)
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I would like a number of issues addressed. Before Christmas, we were promised legislation on the setting up of the transport authority for the greater Dublin area. A head of the authority, which was announced nine months ago, has not even been appointed. Only yesterday, I received a letter from Dublin Bus stating that it had now secured a timetable for the train service to Donabate and that it would endeavour to serve commuters there. One would hardly believe Dublin Bus and Iarnród Éireann were part of the same organisation since 1932. They can behave like that because they have a monopoly.

What is happening with the State Airports Bill? We do not know what is happening in Shannon Airport nor do we know who will pay for Cork Airport.

Under Transport 21, ports were transferred to the Department of Transport. We have not received a statement on why that happened and on the policy direction. There is a very clear commitment in the national development plan that a study will be done on the location of Dublin Port, yet it has stated it wants to increase its size.

Rory Kiely (Fianna Fail)
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I have allowed the Senator good latitude.

Tom Morrissey (Progressive Democrats)
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There is a conflict there and it is time the Minister came to the House to outline his plans.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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In 1984, following the collapse of PMPA, the Government introduced a 2% levy on all insurance policies. I understand PMPA's debts were paid off in 1993, yet since then, we have continued to pay a 2% levy on all our insurance policies. Where does this money go? Has it been ring-fenced for some purpose? When will this 2% levy, which is another stealth tax, be abolished? I understand that in 2005, in excess of €76 million was collected from this 2% levy from all who pay insurance policies. Questions must be answered in this regard. Members need to know where this money has gone, whether it has been ring-fenced for any purpose and when will the levy be abolished.

11:00 am

Photo of Timmy DooleyTimmy Dooley (Fianna Fail)
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I support the calls to the Acting Leader for a debate on the State Airports Bill. It should be discussed at the earliest possible opportunity because its provisions, which set out a requirement to agree business plans, have not yet been reached and unfortunately, Shannon Airport and the other airports are suffering as a result. Regrettably, the management of the Dublin Airport Authority is still actively involved in the day-to-day running of Shannon, as it has completely lost the workers' goodwill through its change management process. A recent ballot on the proposals was rejected out of hand. However, the Dublin Airport Authority management has made no approach to work through a plan that will benefit the region and the entire west. Some outdated thinking underlying the Bill's provisions may need to be addressed and I would welcome a debate in this regard.

I also wish to refer to some of the health provisions that have been discussed and in particular to the lack of occupational and speech and language therapists in the mid-west region, which has lagged behind every other district in Ireland and possibly every other district in the Western world. At present, an outrageous situation exists in respect of elderly people who require the services of an occupational therapist in order to be provided with aids to living at home. I refer to basic facilities such as extended toilet seats to allow those with mobility difficulties to be able to use sanitary facilities. It is appalling that elderly people are so treated and it reflects poorly on the HSE that it is unable to apportion its services in a manner that does not detract from the mid-west. This issue must be addressed.