Seanad debates

Tuesday, 19 February 2013

2:30 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Order of Business is No. 1, motion regarding the Diseases of Animals (Amendment) Act 2001, to be taken without debate at the conclusion of the Order of Business; and No. 2, Taxi Regulation Bill 2012 - Committee Stage (resumed), to be taken at the conclusion of No.1 and to be adjourned not later than 5.15 p.m.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Last week I raised several law and order issues. I proposed an amendment to the Order of Business to the effect that the Minister for Justice and Equality, Deputy Alan Shatter, come into the House to make a statement on the basis that he had lost the confidence of rank and file gardaí, the GRA and the Association of Garda Sergeants and Inspectors. This is a very serious issue. It is unprecedented that the Garda representative associations would pass motions of no confidence in the Minister. Yesterday in the basketball stadium in Tallaght over 4,500 public service workers, predominantly front-line workers, let the Government know what they felt about its disproportionate attack on front-line services. I would like the Minister to come here to explain what he proposes to do now that he has lost the confidence of An Garda Síochána. We used our Private Members' time to discuss this issue. Policing is at crisis point and I stand over what I said last week, that within a week or two there will be industrial action, about which there is no question in my mind and as gardaí have stated already. They deserve respect for the job they do, but they are not receiving due respect from the Minister. Members on the Government side may disagree that this is a very serious issue. However, I am putting forward the view of normal gardaí all over the country, which has been reinforced by the votes of rank and file gardaí in every county who have said they have no confidence in the Minister. I am again proposing an amendment to the Order of Business that the Minister come into the House to explain how he intends to rectify the fact that he has lost the confidence of rank and file gardaí.

Last week Senator Jillian van Turnhout said the Mangan report should be debated urgently.

What angers me is that we have had a budget and Social Welfare Bill, with the Minister for Social Protection, Deputy Joan Burton, indicating that we would have a debate. I welcomed that and we should consider the options. She has had the report since last March and it is only going to the Cabinet today.

I sat in this Chamber for hours debating the Social Welfare Bill with the Minister and I did the same with the budget but she has had the bloody report for almost 12 months. It has not even come to the House for debate. It is outrageous-----

2:35 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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A cover-up.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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-----that she is looking to bring it to the Cabinet today. Why is she doing that? Is she trying to slip it under the radar when there are other major issues, such as the Magdalen laundries, being debated in these Houses? I ask that without further delay, the Minister, Deputy Burton, should come to the House for a proper debate on the recommendations of the Mangan report, which she should have brought in during the Social Welfare Bill.

Photo of Ivana BacikIvana Bacik (Independent)
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All of us would welcome a debate on the Mangan report and, to be fair, the Minister, Deputy Burton, promised the debate when she was in the House discussing the Social Welfare Bill.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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She has had it since March.

Photo of Ivana BacikIvana Bacik (Independent)
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I do not know from where Senator O'Brien is getting his information and I certainly did not have that impression. It is certainly not what the Minister said when she indicated she was awaiting-----

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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She has the report since March.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Senator, without interruption.

Photo of Ivana BacikIvana Bacik (Independent)
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I have no information about that.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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She did. She has it since March.

Photo of Ivana BacikIvana Bacik (Independent)
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I do not believe so.

Photo of John GilroyJohn Gilroy (Labour)
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The Senator is making it up.

Photo of Ivana BacikIvana Bacik (Independent)
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In any case-----

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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How does the Senator know?

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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There is another flyer over there.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Bacik, without interruption.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Labour were meant to protect child benefit.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Bacik, without interruption.

Photo of Ivana BacikIvana Bacik (Independent)
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I recommend that Senator O'Brien might-----

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I will not take recommendations from Senator Bacik.

Photo of Ivana BacikIvana Bacik (Independent)
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The Senator might read the debates on the Social Welfare Bill in this House.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I was here.

Photo of Ivana BacikIvana Bacik (Independent)
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The Minister, Deputy Burton, told us that as soon as she had the full report-----

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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She has had the report since March.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Bacik, without interruption.

Photo of Ivana BacikIvana Bacik (Independent)
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She indicated she would come to us as soon as it went to the Cabinet.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Is there a question for the Leader?

Photo of Ivana BacikIvana Bacik (Independent)
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I know she will come here and we are trying to get a date in early course for that debate.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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We can ask her why she misled the House.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Allow Senator Bacik to proceed without interruption.

Photo of Ivana BacikIvana Bacik (Independent)
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She will facilitate us in that regard.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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She had the report since last March.

Photo of Ivana BacikIvana Bacik (Independent)
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We look forward to that debate very much. I welcome the fact that we will, in early course, have a debate on the findings of the Magdalen report from former Senator, Dr. Martin McAleese. We might have the debate next week and it is very important we have it soon, given the amount of public interest and long delay experienced by the survivors of the Magdalen laundries in seeking justice. We all anticipate the Dáil debate this evening and the Taoiseach's words in particular, as we anticipate that an apology will be given, as the report found a level of State involvement. The report indicates that the State was directly engaged in over a quarter of referrals to the laundries. That alone requires State acknowledgement and an apology, and we look forward to that. I know many colleagues and I will be partaking in the vigil at 5 p.m. outside Leinster House in supporting the survivors.

Photo of Jillian van TurnhoutJillian van Turnhout (Independent)
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I thank everyone who attended a joint briefing I organised on the Magdalen report with Amnesty International, the Irish Council for Civil Liberties and Justice for Magdalenes. I hope we will debate the issue at the earliest opportunity, and I hope that today is day one of justice. When we have the debate I ask for appropriate time to scrutinise any proposed redress scheme; there should not just be reflection of the past but also consideration of how to restore into the future.

I welcome the publication yesterday by the Children's Rights Alliance of its report card for 2013, which is a really comprehensive report on the Government's promises to children. Overall, the Government got a C grade, and I will refer to Senator O'Brien's comments with regard to child poverty. I do not know if it is "the" Mangan report but the first report of the Mangan group was put online today, and it is dated March 2012. I would like to see clarification on the report and its content. I am concerned by the leaks we read over the weekend. As a legislator, I cannot believe I must speak about leaks of a report. We have had debates on the Social Welfare Bill and we have been asked to act responsibly but we have not been provided with the relevant information.

In the Children's Rights Alliance report and relevant to child poverty, the Department of Social Protection got an F grade. Rarely does the Children's Rights Alliance hand out an F grade. We have seen increasing child poverty figures in Ireland and if child poverty is left unaddressed, the issue can continue into a person's teenage years and cause significant life poverty risk.

Reading the reports at the weekend on whether we should means-test or tax child benefit, as well as what the Mangan report would come out with, it felt like it was Groundhog Day. It was first mooted in April 2009 by the then Minister, the late Brian Lenihan, that we should examine this issue and I recall when debating it that I used the same speaking points that I am using now. I have not had to change them. The debate should be moving on. I ask for a debate on the matter in this House.

Will the Leader ask the Minister for Justice and Equality for clarity on when the family leave Bill will be published and the consultation process on it with the social partners is envisaged? As the EU parental leave directive needs to be transposed into law by March 2013, the clock is ticking. I know the Bill is on the legislative list, but when will it be published in order that we can uphold our obligations?

2:45 pm

Photo of Rónán MullenRónán Mullen (Independent)
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I thought the phrase caveat emptor - let the buyer beware - had vanished into the mists of time and that we had reached more enlightened times where buyers and consumers were concerned. I am amazed, however, to hear that this appears to be the approach Galway County Council may take with home owners who have homes and residential units on which development levies should have been paid but were not collected by the local authority. It is proposed to target these home owners with bills of up to ¤5,000 each. This seems to be an unjust state of affairs. The Minister for the Environment, Community and Local Government should attend the House to discuss why ¤800 million is owed to county councils nationwide in unpaid levies. It appears some developers, having gone bust in some cases, did not pay the levies connected with their being granted planning permission in the first place. It also appears that it is proposed in some quarters to target the home owners in such developments. People in a number of housing estates in the Wicklow area have been hit with bills of up to ¤2,270. In Donegal, by the end of last year, the council was owed ¤4.7 million in unpaid levies.

Another principle comes into play, that of Equity's Darling. The bona fide purchaser for value without notice is always seen as the one which equity protects. It will be inequitable if councils which failed to collect levies when they should have done now turn on home owners. There also may be issues about the way solicitors behaved in signing over ownership of the homes to the buyers.

Frankly, this is not a bill ordinary people can afford to pay and the State must take an interest in the matter. County and city councils may well have been dilatory or even negligent. I would like the Minister to come to the House to discuss the Government's attitude to this issue. Will the Government side with home owners or let them be targeted by local authorities in a way that would be extremely unfair?

Photo of Catherine NooneCatherine Noone (Fine Gael)
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I raise the issue raised today by the Chief Justice, Ms Susan Denham, with regard to the Supreme Court. I know constitutional change through a referendum is required to effect any change to the courts system. However, it is an issue that needs to be examined, as justice delayed is justice denied. The Supreme Court acts like a kitchen sink in that all appeals go through it. Some kind of interim court or a filtration system in the Courts Service should be considered. Will the Leader arrange a debate on the courts system with the Minister for Justice and Equality?

I acknowledge the vital contribution to the arts that many of our cultural institutions make. Last weekend I attended a performance by Lyric Opera Productions and was blown away by the depth of talent. The one point that resonated with me was that practically all of the talent was Irish. In conversations afterwards I discovered, however, that it was not always the case. I speak about buying Irish generally. When it comes to operatic talent, I acknowledge the hard work done by Lyric Opera Productions in getting Irish artists working abroad to come home for such events. We must encourage this more.

Finally, although it is not a point of order, could the Leader provide briefing material for the public consultation committees that will take place on Thursday? We would appreciate having it beforehand.

2:50 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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I second the amendment to the Order of Business put forward by Senator Darragh O'Brien, Leader of the Opposition, proposing to invite the Minister for Justice and Equality to the House. It is a very important issue because of the vote of no confidence. The Leader of the House, Senator O'Sullivan and I have been nominated by the Garda Representative Association, GRA, and the Association of Garda Sergeants and Inspectors, AGSI, which are both tolerant groups and powerful organisations. When they voted no confidence in the Minister it became serious indeed. Therefore, the Minister should come to the House.

Will the Leader of the House arrange for the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, to come to the House to give us an outline of the present state of play with regard to the recent controversies? I particularly resent the comments by the chief executive of the retailer Iceland about the Food Safety Authority of Ireland, which was the first organisation to highlight the difficulties and the crisis within the industry due to the entry of horsemeat into the system. The authority was courageous in highlighting this issue, which is now a European and international issue and one in which the Garda Síochána is involved. I know from farmers in my area and as someone coming from an organic farm that the standards required of primary producers by the Department of Agriculture, Food and the Marine are stringent. These farmers feel let down by organisations that have not respected the quality of food from the farm gate to the fork. We will have to restore that respect again throughout the world, but the Food Safety Authority of Ireland should be credited. I believe the Minister should come to the House to give us a full outline of exactly what is happening at this point. It would be worthwhile from the point of view of contributions from very enlightened Members.

Photo of Susan O'KeeffeSusan O'Keeffe (Labour)
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I do not wish to sound as though I am repeating the comments of Senator Leyden, but I am very upset about the comments made by the chief executive of Iceland and some others regarding the Food Safety Authority of Ireland. The authority has worked hard and has made a great breakthrough in what has become a worldwide crisis relating to the food we eat, especially processed food. The Food Safety Authority of Ireland has led the way and behaved in a calm and co-ordinated fashion. It never jumped up and down but has simply kept on doing the hard work and doing it well. We owe the authority a debt of gratitude - these are not words I use lightly or often. Those who choose to shoot the messenger should perhaps look to themselves in the first instance.

I know the Minister for Agriculture, Food and the Marine is busy and that this matter is taking up his time. However, given the stories and rumours I am hearing behind the scenes with regard to Ireland's involvement in the scandal of horsemeat in processed food, I would very much appreciate it if the Minister came to the House. We should reiterate our request to have him here given the even more serious nature of the crisis now as it extends beyond Europe.

Photo of David NorrisDavid Norris (Independent)
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We are all aware of the remarkable work done by the Irish Seal Sanctuary, which has been monitoring the deaths of seals during the past 12 months. Previously, no such records were kept, and we are indebted to the organisation for monitoring this situation. Last spring on Tramore beach a considerable number of seals were found suffering from gunshot wounds. The animals were investigated by local veterinary surgeons and the seals had to be euthanised on what is actually a Blue Flag beach. It is both remarkable and sad. One of the seals had its flippers tied together and several others were decapitated. These animals are protected, as are all marine mammals, under Irish and European Law. The Irish Seal Sanctuary wrote to several Ministers - namely, Deputy Coveney, Deputy Deenihan and Deputy Hogan, and the Minister of State, Deputy O'Dowd - but the net result was that the letter was passed around from Department to Department and absolutely nothing was done. I understand that veterinary surgeons in Scotland and in Cornwall in England have taken an interest in this and we may well be not only reported to the European Commission but brought before the European Court of Justice.

It would be helpful if the Leader would communicate this situation to the Minister he deems responsible for this area.

I support the call for an informed debate on the Magdalen laundries report. We rushed to congratulate the authors of this report but now we are beginning to see a more complex picture. It is regrettable that people are attempting to displace the blame. Attempts are also being made to divide the former inmates of these institutions. That is particularly nasty. We hear about infanticide and single mothers. All of these women were placed in a terrible situation by their society. We also hear about families. I reject the idea that families should be blamed. If we listen to their evidence, parents were on many occasions approached by priests and nuns who said they would arrange for an education to be provided. They received no education. They were enslaved and there is a duty on all of us in Parliament to attempt to redress this wrong. It is not just a question of an apology. Laws were consciously broken and we need proper independent assessment and restitution.

3:00 pm

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael)
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Like others, I will wait to hear the announcement this afternoon on the Magdalen laundries. I hope we bring finality and that justice will be done in a way that is meaningful and fitting for the servitude in which these women, girls and children were placed for decades. I thank the Leader and the Seanad Public Consultation Committee for arranging the public consultation that will take place on Thursday. I encourage all Members to attend that session. Several months ago I made a request to the Leader that Ashoka, Change Nation and Social Entrepreneurs Ireland be invited to appear before the committee. Senators Quinn and Mac Conghail supported my request. This Thursday an array of solutions will be put before us by social entrepreneurs from all over the world who are making a difference to the quality of life of citizens. We will hear solutions in health, education, civic participation and enterprise. I met these individuals in Farmleigh when they were here last spring and I was so impressed that I decided we must hear from them in this Chamber. We are the decision makers and the influencers who can make a difference. I believe Members will be as impressed as I was and, if they can spare an hour on Thursday afternoon, I strongly encourage them to attend the session.

I have come to the conclusion that it is time for training about online behaviour to be made obligatory at primary and secondary level. I was alarmed to learn while listening to Newstalk this afternoon that parents are signing up children as young as seven and eight years of age to Facebook. This is incredible behaviour. Some of our youngsters are doing what is known as sexting, which means they are texting sexual images of themselves.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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This is a matter the Senator could raise on the Adjournment.

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael)
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I understand from the Garda this is a criminal offence which could result in individuals being placed on the sexual offenders list.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Senator is over time.

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael)
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The behaviour of some of our young people is inappropriate. I ask the Minister for Education and Skills to come to the House to discuss the issue of dangerous and inappropriate online behaviour. I thank the Cathaoirleach for his indulgence.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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A number of Senators from all sides of the House have called on us to maintain our focus on unemployment. Several Senators asked specifically for a debate on youth unemployment and the Leader has facilitated a number of debates on jobs. In that context I welcome the report published today by the Joint Committee on Jobs, Enterprise and Innovation which focuses on youth and long-term unemployment and makes 30 clear recommendations on what the Government and State agencies could do to tackle the high level of youth unemployment that obtains in this State.

I am undertaking work for the same committee to develop a jobs action plan for the south east, which has one of the highest unemployment levels in the State currently. In Waterford city we have 25% unemployment and 35% youth unemployment. Figures presented to us recently indicate that 48% of young people in Waterford city do not even finish second level education. These are startling figures and they will only be tackled and resolved if we put the resources behind the kind of policies that have been agreed at all-party level by the joint Oireachtas committee. It is incumbent on all of us to put our collective weight behind these proposals.

Perhaps the Leader will, rather than provide for a debate in a vacuum, facilitate a debate on youth unemployment in this House in the context of the all-party joint Oireachtas committee report that has been agreed and published. Is that something the Leader will agree to do in the next couple of weeks?

3:05 pm

Photo of Jimmy HarteJimmy Harte (Labour)
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Once again, I am amazed the Fianna Fáil Party is asking for the Minister to come in and talk about the Magdalen laundries. I would rather propose that Deputy Micheál Martin come to the Chamber and explain to the nation why he did nothing for 14 years in this regard. This was reflected by a representative of the Magdalen laundries, Sally Mulready, who said Micheál Martin should hang his head in shame for the lack of action taken by him when in government. Many of these women are now elderly, but at no stage during the last Administration were they given any hope. They were shunned by it. Therefore, for Deputy Martin to ask for an apology from the Government smacks of where the Fianna Fáil Party has got itself in the opinion polls. Anything Fianna Fáil says now is based on an opinion poll, not on the welfare of the women.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Does the Senator seek a debate on this issue?

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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He wants Deputy Martin to come in here.

Photo of David NorrisDavid Norris (Independent)
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Most opinion polls say the same thing.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Harte, without interruption. Has the Senator a question for the Leader?

Photo of Jimmy HarteJimmy Harte (Labour)
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I am looking for an honest debate.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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There would be no problem with that.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Has the Senator a question for the Leader?

Photo of Jimmy HarteJimmy Harte (Labour)
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This is a massive issue for the country. Will the Leader ask Micheál Martin why, as part of the previous Government, he did nothing on this? On reflection, it might be better that he did nothing, because he would probably have got to the 144th or 145th report on it.

It will be a good day if this is finally resolved. As one commentator said, today is the beginning of the end for many of these people. I am glad many of them are still alive to see this day.

Photo of Mark DalyMark Daly (Fianna Fail)
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I support Senator O'Brien's call for the Minister for Justice and Equality, Deputy Shatter, to come to the House to debate the appalling state of morale in the Garda Síochána. I also call for a debate on the issue of front-line service providers, including emergency crews in the ambulance and fire brigade services, the Garda Síochána, paramedics, nurses and doctors. What we saw last night is only the tip of the iceberg with regard to what is coming down the line. The Government has failed to realise that it cannot renegotiate the Croke Park agreement until it tackles the mortgage issue, because when we start cutting the pay of gardaí, nurses and paramedics, their ability to pay their mortgages decreases and they become stretched to the limit. Like many people around the country, they will end up in arrears. Some 30% of mortgages have already either been restructured or are in arrears. By cutting these people's pay and changing their terms and conditions of employment, the Government will force gardaí, nurses, doctors, paramedics, ambulance drivers and those in the fire brigade service to default on their loans. If the Government had put in place a structure whereby people in mortgage difficulty could extend the terms of their loans or renegotiate them, perhaps it could have tackled the Croke Park agreement.

As it has not tackled the mortgage crisis, it cannot turn around now and start renegotiating the Croke Park agreement. If it does so, thousands of additional people will no longer be able to pay their mortgages. We do not want gardaí to be unable to pay their mortgages. I have referred previously to the root of this problem. President Clinton told the Government over 12 months ago that it needed to tackle the mortgage issue. It is the root cause of many of our problems, including the decrease in private sector spending and the difficulties in renegotiating the Croke Park agreement. I have heard Senators on the other side of the House asking the banks to do something. The banks will do nothing other than create profit for themselves and their shareholders. It is the Government's responsibility to put legislation and structures in place to ensure the banks negotiate with people. That is necessary if people are to be able to spend money in the economy, put fuel in their oil tanks, pay their mortgages and put food on their tables. We are seeing activity from the Government but no action.

3:10 pm

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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We referred to this matter last week. I will respond briefly to what has been said. As the Leader knows, the Central Bank is very engaged in issuing directives at present. It should be allowed to get on with the job. We cannot have Government interference in everything.

Photo of Mark DalyMark Daly (Fianna Fail)
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What about Government action?

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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The Government is quite active.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Coghlan, without interruption.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Go raibh maith agat, a Chathaoirligh. I will always defer to your rulings. You are aware of that.

I agree with what Senator Noone said about the need for a civil appeals court. The Chief Justice, Ms Susan Denham, has highlighted once more the fact that the Supreme Court is overloaded. Hundreds of cases are outstanding and cannot be heard in time. It is a very urgent matter. I want to support it. I urge the Leader to pass this on. It is something we should pursue with the Minister for Justice and Equality and with the Government.

Photo of Ned O'SullivanNed O'Sullivan (Fianna Fail)
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I echo the concerns of Senator Mullen about the outrageous charges that are putatively being applied to private residence holders because individual builders are in default of development levies. In the past, rogue builders used to leave the landscaping and lighting of estates unfinished. Rather late in the day, the councils introduced a bonding system whereby developers have to pay a bond so that the work can be finished willy-nilly if they go away. County councils have been somewhat tardy in collecting these development levies, which should have been front-loaded. I do not believe individual householders should be given bills of more than ¤5,000 or ¤6,000, as has been speculated in the media. I ask the Leader to bring this to the attention of the Minister for the Environment, Community and Local Government as a matter of urgency.

I would also like the Leader to ask the Minister, Deputy Hogan, to clarify the exact position regarding the constituencies that will be used in next year's European Parliament elections. A report published some time ago recommended that no changes should be made. Some changes have taken place away from home since then. Eastern European countries like Croatia will be entitled to additional seats. That could have an impact on the configuration of the constituencies in Ireland. I am calling on the Leader to ask the Minister for the Environment, Community and Local Government to clarify the position. Perhaps a revised report can be published at the same time as the report on the local electoral areas, which we hope is due imminently.

Photo of John KellyJohn Kelly (Labour)
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Last week I called for a debate in this House on wind energy and wind farm developments. Subsequently, the Sunday newspapers published interviews with the heavy hitters in the Irish wind energy sector. They claimed that living close to wind turbines, which have increased in size from 54 m initially to 100 m and then to 120 m, does not have any ramifications. They are now 185 m high and turbines that are 350 m high are being developed.

On "Prime Time" last week, Mr. Eddie O'Connor said that he and the Finnish President were beside a wind turbine and they could not hear it. I want to put on the record of this House a real-life story that happened last week. A distraught couple from County Roscommon gave up the fight to live beside two wind turbines and left their home last Thursday with no intention of going back to it because of the ill effects this has had on them. That is the sad reality of what wind turbines are doing. Instead of that, what we hear from the likes of Mr. Eddie O'Connor is "Take the turbines and we will give you swimming pools". We do not want swimming pools. All people want is to live in peace and tranquility in their own homes. They are being deprived of a human right. I ask the Leader to fast-track any debate with the Minister for Communications, Energy and Natural Resources in regard to wind energy.

3:15 pm

Photo of Sean BarrettSean Barrett (Independent)
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Yesterday The Irish Times carried the story of the Financial Regulator moving to regulate the health insurance industry. This echoed sentiments here and was in line with the co-operation of the Leader in ensuring this issue was tackled, which gives hope for the future. We have also tackled the insurance sector, the banks and stockbroking. In today's Irish Independent, Mr. Stephen Kinsella very strongly makes the case that we now need to tackle the "Big Four" accountants which prepared accounts for the Irish banks which showed them to be solvent shortly before we had to put ¤64 billion into the same banks.

Photo of David NorrisDavid Norris (Independent)
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Hear, hear.

Photo of Sean BarrettSean Barrett (Independent)
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As the Leader was successful in bringing the health insurance issue to the regulator's attention, will he join in ensuring the "Big Four" accountants are investigated for their role in the disasters which we have been trying to cope with in the intervening period?

Photo of Eamonn CoghlanEamonn Coghlan (Independent)
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Most times when we stand up to speak in the Seanad, we speak about areas that are of interest to us. We speak about causes that we want to support or defend, whether it is the Magdalen laundries, industrial disputes, bank bailouts, mortgage arrears, homelessness, health, cyber-bullying, suicide or unemployment. Generally, they are bad news stories where we want to help. However, I have a good news story I want to bring to the Seanad today, one that brings a lot of positivity. It is in an area that is very close to me, namely, the opening of the Athlone Institute of Technology's indoor arena last weekend by An Taoiseach.

Whether people are young, old or in-between, like most of us here, they would certainly be highly inspired when they walk in the door of the arena. To see the smile on the young people's faces, to see the awe in the eyes of the older people and to see how inspired people are is quite moving. As they walk in there, it exudes everything in life. I would like to offer my congratulations to Professor Ciarán Ó Catháin of Athlone Institute of Technology for his leadership, his entrepreneurial skills and his ability to deliver something that we have been trying to deliver here in Ireland for the past 40 years.

I note the Minister of State, Deputy Ring, and the Department of Transport, Tourism and Sport contributed to the tune of ¤750,000 towards this almost ¤13 million project. This is not just about sports; it is all about the community and tourism in the area. It is amazing to see the shops, restaurants and hotels which will improve their incomes over the coming years. I want to point out that Dublin is the only capital city in the world, perhaps, not to have an international indoor arena and, again, this is not just for sports.

I call on the Leader to communicate with the Minister for Transport, Tourism and Sport, Deputy Varadkar, and the Minister of State, Deputy Ring, and perhaps all of the other Departments, because while in the past they said they would look at this idea, I would like them to now commit to it for the very near future. In the next round of sports grants, it is very important that we would follow suit and deliver something similar to what Professor Ciarán Ó Catháin has delivered so, when we look towards Abbottstown, we are looking to deal with physical fitness, literacy, health, tourism and the well-being an arena like that will deliver to the people of Ireland and this capital city.

Photo of Jim WalshJim Walsh (Fianna Fail)
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Like other Senators, I want to make reference to the negotiations on a replacement for the Croke Park agreement. It strikes me that a couple of the building blocks are missing.

I encourage the Minister to take action to address the significant cost of the public service. As someone who worked in management for most of my life and often negotiated with unions, it strikes me that if one does not put in place the background reasons, one finds it much more difficult to achieve the necessary objective. There should have been an announcement regarding the benchmarking of various positions across the public service, including front-line services, with their counterparts in other jurisdictions, particularly those in western Europe. That would enlighten and assist the negotiations. I am sure the Department has all that information. I know the late Minister for Finance, Brian Lenihan, embarked on that in 2010.

There has been much comment from many people within the public service who are struggling, and are probably in negative equity, about the difficulty they have in trying to make ends meet. This needs to be recognised. I agree fully with Senator Daly that addressing the mortgage crisis is a real priority. It is a sad reflection on these Houses, the Government and officials in the relevant Departments that we are still talking about it five years down the line. We put an insolvency Bill through this House, but we still do not have the architecture necessary to give effect to and implement its various component parts. Until we deal with that, it will be very difficult to advance negotiations in these areas. It would be very wrong if it became the stumbling block because, obviously, a proportion of public servants are caught in that but many are not. We cannot pass on the significant costs of public administration to future generations. If we are to correct the significant deficit we have, we need to look at it in a much more enlightened, energetic and focused way.

3:25 pm

Photo of Aideen HaydenAideen Hayden (Labour)
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Like most Senators, I am hopeful that the Taoiseach will rise later today to give a full and unequivocal apology not just to the residents of the Magdalen laundries but to the families of those who are unfortunately deceased, and that he will announce that full and proper redress will be given to the residents and their families. I rarely find myself disagreeing with Senator Norris but I am afraid I must partly disagree with him on this point. I accept that there were many instances in which families gave up members to the laundries in the hope that they would receive an education and achieve betterment. We must face up to the reality that we used both State and other institutions to house those who were considered undesirable or were simply unwanted. I am talking about prisons, county homes, institutional schools and places such as the Magdalen laundries. We had no official statistics on homelessness in this country before the 1980s. This was because those who were homeless were considered vagrants and were housed in prisons or county homes. Giving a full apology and granting full redress to the residents of the Magdalen laundries is, for our society, a step on the way to acknowledging the role we played in shelving our responsibility towards those others in our society.

I wish to raise one issue with the Leader. It relates to the destruction of records in Government Departments, particularly those in the Department of Education and Skills, which has had such a detrimental effect on the lives of people and stood in the way of their having basic knowledge about their past and their lives and being able to seek redress. When we have the debate on the Magdalen laundries, perhaps we could consider that important issue.

Photo of Feargal QuinnFeargal Quinn (Independent)
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I ask that the Leader find time to debate the recent Health Protection Surveillance Centre report, which is frightening. Surveys are done all around Europe, and although there are no accurate statistics for Ireland, it is suggested that between ten and 20 people die each week from hospital-acquired infections, primarily MRSA. This adds up to hundreds each year.

One of the problems is that it is possible to open a private hospital without a licence and there being a guarantee that such a facility will be inspected. I was unaware that this was the case. People need licences for their dogs and televisions sets and in order that they might drive their cars. It is horrific, therefore, that one does not require a licence to open and operate a hospital. If the figures to which I refer are correct - those who produced them do not claim they are accurate - it appears that between ten and 20 people die each week from the diseases in question. This means that hundreds are dying each year. The report also suggests 31% of all doctors do not wash their hands when they are visiting hospitals. I do not know whether this information has been thrown out in order to encourage discussion. However, the matter is worthy of debate and the Minister of Health should be invited to come before the House in order to assist Members in their deliberations on it.

3:30 pm

Photo of Michael MullinsMichael Mullins (Fine Gael)
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I agree with a great deal of what Senator Jim Walsh stated about benchmarking in the public service and the need to examine the salaries, rates of pay and allowances of everyone in the service, from politicians right down. The country is seriously broken and there is a massive deficit between income and expenditure. Unless we bite the bullet now, we will be obliged to grapple with this problem for many decades. I was alarmed by a report in one of this morning's newspapers on the operation of a supplementary payroll system at Tallaght Hospital between 2005 and 2010. Under the system in question, huge salary top-ups were given to various individuals who worked at the hospital. They ranged from ¤25,000 to ¤249,000 in the five year period in question. One individual's salary of ¤802,000 was topped up by ¤225,000. There is no documentation available by means of which it might be possible to explain the rationale for these payments. That is the broken system the Government is trying to fix. There is a need for calm among public service and other unions as we try to come to terms with the country's appalling financial situation. If the case to which I refer is an example of what happened during the Celtic tiger era, heaven knows what else is hiding underneath the surface about which we do not yet know.

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail)
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Will the Leader consider arranging an early debate on Northern Ireland? Such a debate would be both timely and helpful. All decent people on the island welcome the progress made and changes for the better which have emanated from the Good Friday Agreement. I would go so far as to say that, from a global point of view, the agreement is probably unique in the context of conflict resolution. At same time, however, it requires constant attention and nurturing. We need to identify areas in which difficulties might arise in the future. The prisoner issue is one which requires attention.

I was a member of an all-party delegation which visited some of the prisoners in question last week. Any fair-minded person who hears what some of the prisoners told us during our visit would immediately be able to identify the fact that a number of human rights issues arise and that there is a lack of due process. One of the high profile prisoners we visited - she is being held at a psychiatric hospital - is Ms Marion Price. She is extremely frail and confined to bed and it is quite evident that she does not pose a threat to anyone. There is an underlying and important issue at stake, as Ms Price received a royal pardon. That fact is not denied, but the British Administration has indicated that the pardon has been lost, which is very difficult to understand. If there had been a pardon, Ms Price could not have been arrested in the manner in which she was because she is not a political activist in any sense of the word. For this reason, we must ensure action is taken in respect of her.

Her case is coming up for review in a couple of weeks time, but the review process is very flawed. She cannot have her own legal representative, but must use the legal representative supplied to her. She will not be made aware in advance of the evidence that will be presented against her. The hearing is private and held in secret. I think anybody would agree that has an echo with other parts of the world down through the decades. It is not typical of a civilised society. My hope is that Marian Price will be released. If she is not released - given her background there is a very serious danger that she may make a decision to go down a road of protest, which we do not want to have again and would not be helpful.

I hope we might have a debate in the manner in which I have outlined. I accept we have progress and our commitment to the British-Irish Agreement and the peace process.

3:35 pm

Photo of Terry BrennanTerry Brennan (Fine Gael)
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Go raibh maith agat, a Chathaoirligh. I too have a good news story. We hear too many bad news stories. I believe it would be remiss of me not to welcome the announcement on Thursday last of a further 450 jobs in eBay in Dundalk. Today, a Member said this Government was not active. This announcement brings the total number of jobs created in Dundalk in the past 18 months, since this Government came into office, to 1,750.

Photo of Jim WalshJim Walsh (Fianna Fail)
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Who did the ploughing?

Photo of Terry BrennanTerry Brennan (Fine Gael)
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Somebody said they were looking for me to transfer to the south east to Waterford.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Senator is more than welcome anytime.

Photo of Terry BrennanTerry Brennan (Fine Gael)
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I wish to welcome them.

We are doing something right in the north east. I congratulate the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton and the IDA. We have a talented workforce in County Louth and the north east. It is great news for the north east and Dundalk in particular.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I join with Senator Brennan in welcoming the 400 eBay jobs to be located in Dundalk and I congratulate the Minister, Deputy Bruton and the previous Minister for the work they put into achieving this outcome as well as the PayPal jobs that located to Dundalk more than 12 months ago. It is good news for the north east.

Our Leader, Senator Darragh O'Brien called on the Minister for Justice and Equality to come into the House to discuss the crisis that exists in the force, An Garda Síochána. Morale is at a very low ebb, not alone do the Garda not have the resources to carry out their jobs to the best of their ability, they are looking at pay and conditions being cut. This is not acceptable. I join our Leader in calling for the Minister, Deputy Shatter to come into this House to answer our questions.

May I request the Leader to communicate with the Minister for Finance? I understand that the Revenue Commissioners have been unable to process rebates that were due to PAYE workers for the past five weeks due to a difficulty with the computer system. As we are to task the Revenue Commissioners with the complicated matter of setting the property tax, could the Minister ascertain the difficulty in sending out rebates to PAYE workers, whom Revenue notified of their entitlement before Christmas? They were looking forward to receiving the rebate and in many cases they are depending on it.

Photo of Colm BurkeColm Burke (Fine Gael)
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I too wish to follow Senators Noone and Coughlan who raised the comments of the Chief Justice on the court system. This is a very important issue that needs to be considered. There was a proposal to have a court of civil appeal. We already have a court of Criminal Appeal, which has worked very effectively.

The reason it is important to deal with this issue in the Supreme Court relates to the area of family law, where there is substantial delay.

In fairness to the Courts Service, it is doing everything possible to try to prioritise issues and cases. However, the delays are causing considerable problems. This needs to be dealt with at a very early date. If we need a constitutional amendment to create a court of civil appeal, we should make it. The last thing we need is a three or four year delay between dealing with a case in the High Court and its admission to the Supreme Court. This issue needs to be tackled with as much urgency as possible.

A large number of cases in the Supreme Court involve lay litigants, which is causing problems. I have no difficulty with lay litigants ? people acting for themselves ? but the procedure is not straightforward, thereby causing complications. People may not fully understand the procedure involved. We need to consider this issue if we are setting up a court of civil appeal with a view to having cases dealt with at an early date, rather than having prolonged delays in dealing with them. I ask that the Minister for Justice and Equality take on board the comments being made.

3:40 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Darragh O'Brien asked that the Minister for Justice and Equality, Deputy Alan Shatter, come to the House. The Minister was here for the Senator's Private Members' motion a couple of weeks ago.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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That is true.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Senator and his colleagues will have another opportunity next week during Private Members' time.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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If the Minister will not come, we will do what we did again.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Fianna Fáil has it in its power to bring the Minister into the House.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I thank the Leader for his direction.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I am sure the Senator will avail of the opportunity.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I certainly will.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I remind Members on the other side of the House that Fianna Fáil's national recovery plan and Garda plan allocated ¤90 million less for the Garda last year and this year. The Members opposite are talking out of both sides of the their mouths when they say more money should be allocated for the Garda.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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No, we are not. The Minister has lost the confidence of gardaí.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Fianna Fáil had an opportunity for 14 years.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Leader to continue, without interruption.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Others are talking about benchmarking, while Senator Mark Daly referred to taking money from gardaí. Fianna Fáil took 14% from all public servants-----

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Under the Croke Park agreement.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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-----including gardaí, ambulance personnel and all of the others about whom the Senator is speaking.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Yes, we did.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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We do not all suffer from amnesia on this side of the House.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I do not either.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The general public, irrespective of whether support for Fianna Fáil is running at 27%, will not forget that either.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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They certainly will not forget what the Minister for Justice and Equality, Deputy Alan Shatter is doing.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Fianna Fáil is speaking out of both sides of its mouth the whole time. Some ¤180 million less was provided for the Garda by Fianna Fáil.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Leader to continue, without interruption.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Fianna Fáil is holding public meetings telling people that there will be less money for the Garda.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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The Senator?s party is in government.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Members on the other side of the House obviously do not like to hear the truth. That is the truth of the matter. It is a bit rich coming from Fianna Fáil when it provided for such cuts. To have to listen to that tripe is absolutely ridiculous.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Just listen to gardaí.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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May we listen to the Leader without interruption, please?

Photo of David NorrisDavid Norris (Independent)
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That is splendid, but is it an answer?

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Leader is replying to the House.

Photo of Jim WalshJim Walsh (Fianna Fail)
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Senators should read the back of the Sunday Independent.

A Senator:

Who would be reading that old rubbish?

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Darragh O?Brien asked about the Mangan report. I have arranged for the Minister to come to the House next Tuesday and Wednesday to debate it.

Senators Ivana Bacik, Jillian van Turnhout, Aideen Hayden and many others referred to the report on the Magdalen laundries. I have arranged for a debate on it next Wednesday.

Senator Jillian van Turnhout also referred to the Mangan report and the leaking of reports. I agree totally with her. There have been a number of leaks about various reports. There were leaks on the Mangan report, as well as on the HSE report in Galway last week. Such leaks should be investigated thoroughly by the Garda because they assist nobody.

I will find out for Senator Jillian van Turnhout exactly when the family leave Bill will be brought to the House. It is on the list.

Senator Harte rightly mentioned that the apology should come from the other side of the House also in terms of the past 14 years.

3:50 pm

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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The Senator is right.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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The Senator had better start apologising very fast.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Leader without interruption, please.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Daly spoke about the Government trying to take money from front-line staff, but when his party was in office it imposed a 14% cut. This Government has not cut anything yet.

Photo of Jim WalshJim Walsh (Fianna Fail)
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The Government is not dealing with it.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Quite a number of people are in difficulty with their mortgages as a result of Fianna Fáil's fuelling of the property boom. That is the reason people have difficulties, but this Government has been taking action on the mortgage arrears problem, and AIB has announced that by the end of the year it will meet with all 33,000 people affected and sort them out in respect of their mortgage arrears. This Government is acting properly on the issue.

Senator O'Sullivan raised the question of European Parliament constituencies. I understand we may lose one Member and if that happens, we will have a review of the constituencies. Obviously, a boundary commission will have to be appointed to do that.

Senator Kelly spoke about wind energy. The Minister, Deputy Rabbitte, was in the House previously speaking on the issue. I have asked the Minister to come into the House again. I have no indication from him when he will come in, but I will continue to ask him to come in and speak on the subject. Senator Kelly might be able to assist in getting the Minister to come to the House.

Senator Barrett spoke about the Financial Regulator and called for an investigation into the "Big Four" accountancy firms. That would be necessary, but I do not know to whom I would go to try to initiate that investigation.

Photo of David NorrisDavid Norris (Independent)
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As a temporary measure, the Government might stop employing them.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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They certainly played a part in the demise of the banking system and the development of the current problems in the economy. That should not be forgotten.

Senator Eamonn Coghlan spoke about the indoor athletics track at Athlone Institute of Technology, which we have all seen in recent weeks. It is a wonderful amenity for the region and the country. I note the Senator's point that Dublin would like to have such a track also, but that is another day's work. I will bring the matter to the attention of the Minister.

Senators Walsh and Mullins called for the benchmarking of salaries in the public service with those in other countries. I note Senator Mullins's points also on the supplementary payroll system in Tallaght Hospital between 2005 and 2010, about which I have read, with people having top-ups on salaries of over ¤200,000. That was presided over by the previous Government.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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That was presided over by the previous Government.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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That is the type of thing that was going on at that time. What is sauce for the goose is sauce for the gander.

Senator Ó Murchú called for a debate on Northern Ireland. We will try to arrange that. The Joint Committee on the Implementation of the Good Friday Agreement has been discussing the issues the Senator raised in the House today and on previous occasions, but I will endeavour to have a debate on Northern Ireland in early course.

Senator Brennan welcomed the 450 additional jobs for Dundalk at eBay. I know the people are very appreciative that 1,750 jobs have gone into the region since Senator Brennan was appointed a Senator.

A Senator:

Good man, Terry.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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He is doing well.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Wilson inquired about the delays in the processing of rebates for PAYE taxpayers. I will endeavour soon to find out the position for the Senator.

Senator Colm Burke raised the matter of the Courts Service. The points he raised can be made when the courts legislation is brought before the House.

I do not propose to accept Senator Darragh O'Brien's proposal to amend the Order of Business.

3:55 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Darragh O'Brien has proposed an amendment to the Order of Business, "That the Minister for Justice and Equality come to the House to explain how he intends to rectify a situation where he has lost the confidence of rank and file members of the Garda Síochána." Is the amendment being pressed?

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Yes.

Senator Colm Burke raised the matter of the Courts Service. The points he raised can be made when the courts legislation is brought before the House.

I do not propose to accept Senator Darragh O'Brien's proposal to amend the Order of Business.

4:00 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Darragh O'Brien has proposed an amendment to the Order of Business, "That the Minister for Justice and Equality come to the House to explain how he intends to rectify a situation where he has lost the confidence of rank and file members of the Garda Síochána." Is the amendment being pressed?

Amendment put:

The Seanad divided: Tá, 14; Níl, 28.

Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Aideen Hayden.

Amendment declared lost.

4:05 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Is the Order of Business agreed to?

Question put:

The Seanad divided: Tá, 29; Níl, 14.

Tellers: Tá, Senators Paul Coghlan and Aideen Hayden; Níl, Senators Ned O'Sullivan and Diarmuid Wilson.

Question declared carried.