Seanad debates

Wednesday, 6 March 2013

10:30 am

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Order of Business is No. 1, Finance (Local Property Tax) (Amendment) Bill 2013 - all Stages, to be taken at the conclusion of the Order of Business and to conclude not later than 2.45 p.m., with the contributions of group spokespersons to the debate on Second Stage not to exceed eight minutes and those of all other Members not to exceed five minutes, the Minister to be given five minutes to reply not later than 2 p.m., and Committee and Remaining Stages to be taken immediately thereafter; No. 2, statements on the economic benefits of early intervention, to be taken at 3 p.m. and conclude not later than 5 p.m., with the contributions of group spokespersons not to exceed eight minutes and those of all other Members not to exceed five minutes, and the Minister to be given ten minutes to reply not later than 4.50 p.m.; and Private Members' business, No. 3, to be taken at 5 p.m. and to conclude not later than 7 p.m.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Before I call on the leader of the Opposition I must welcome a special visitor seated in the Visitors' Gallery. Professor George Huxley, MRIA, is a visitor from Oxford. He is renowned as one of the founding members of the civil rights campaign in Northern Ireland in the late 1960s, in which he was keenly involved. I am sure Members will join me in welcoming him. I call on Senator MacSharry.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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On behalf of the Fianna Fáil group I wholeheartedly welcome the professor. We are honoured to have him here.

If it were not for the fact that it would eat into the important time for discussion of the property tax Bill, we would be proposing a vote on the Order of Business today. The property tax is a serious issue and one that will have an impact on the lives and wallets of every household. To guillotine this discussion in just three hours is fundamentally wrong. I ask the Leader to reconsider and to make more time available to discuss the issue. As we know, the tax is deeply unsettling for most of Ireland. It will be extremely unfair for those in the larger cities such as Dublin, where people have collectively paid billions of euro in stamp duty over the years, to be penalised again in this way. People who wish to defer the tax will be treated like criminals and tax defaulters and forced to pay a rate of interest that is linked specifically to tax defaulters. The threshold at which one is entitled to defer is pitifully low and excludes most of the people throughout the country who have had mortgage difficulties.

I acknowledge that the Leas-Chathaoirleach ruled out of order a proposed matter on the Adjournment. I ask for an urgent debate on the NRA's proposed cuts to 80 projects throughout the country, which are to be suspended. As Senator Comiskey rightly pointed out, some of those projects are more worthy than others, and some are critically important in view of the fatalities that have been caused over the years. Yesterday, Senator Comiskey rightly mentioned the N4 in Sligo, a stretch of road described by a coroner as the most deadly road in Ireland and responsible for the loss of 30 lives in as many years. That road project is now to be suspended. Apparently, under the jobs initiative the Government will hand-pick some of the projects to go ahead, using criteria to be determined, for the creation of employment. I hope priority is given to the seriousness of the difficulties that have been caused and the fatalities throughout the country, and that the road project to which I referred will be included, given the fact that the road is so dangerous. I hope we will not take the approach of the Minister for Health, Deputy Reilly, to selecting projects. In that case, it was the proximity to his Cabinet colleagues that determined which projects went ahead. Sligo County Council received a letter informing it that it could not proceed any further with the N4 project. I understand that Mayo County Council did not receive a letter about the Castlebar to Westport stretch, but we all know who lives at either end of that particular road. We will revisit the matter. I hope that when the roads to be worked on are selected under the jobs initiative, the N4 is prioritised. It has been described as the most dangerous road in the country. Those are not my words but those of the coroner for the area.

Photo of Ivana BacikIvana Bacik (Independent)
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I also extend a welcome to Professor Huxley, who is in the Visitors' Gallery.

I call for a debate on legislation on assisted human reproduction following the two judgments on surrogacy by Mr. Justice Henry Abbott at the High Court yesterday. We discussed them briefly on yesterday's Order of Business. I wish to reiterate how important it is that we legislate in this area. It is inappropriate that families and parents are forced to litigate in order to ensure that the rights of their children are recognised. The judgments appear to be eminently sensible in the circumstances and in the best interests of the children concerned, of whom there were a number.

I note that the Government rapporteur, Mr. Geoffrey Shannon, has also called for legislation to regulate the area and to ensure that parents and families are aware of their rights and responsibilities, and of their children's rights, in this regard. I commend the former Senator, Mary Henry, who pioneered the matter in the Seanad previously.

I call for a debate on Traveller ethnicity. There is growing momentum in support of legal recognition of Traveller ethnicity. I note that the matter was the subject of the "Prime Time" programme last night. Deputy Pádraig Mac Lochlainn participated in the programme and I commend him on his moves to ensure there is cross-party support for recognition of Travellers' ethnicity. I know that Deputy Aodhán Ó Ríordáin has also been very active in this regard. The Labour Party is happy to support the matter. We can see there is a growing consensus in this area and it might be worth debating it in the House in advance or anticipation of legislation.

I note that it has been reported today that the report on Ireland by the UN Special Rapporteur on Human Rights Defenders, Mrs. Margaret Sekaggya, is critical in a number of respects - notably, the lack of legislation on abortion regarding the X case, although I know the Government is moving on this swiftly. She was also critical of prison conditions. I remind the House that the Oireachtas justice committee will publish, in the next week or so, a report on penal reform which will address prison conditions and overcrowding, among other things. I ask the Leader for the opportunity to debate the matter in the House once the report has been published.

Photo of Michael MullinsMichael Mullins (Fine Gael)
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I wish to raise a matter of health and safety. It has been brought to my attention that commercial interests are promoting the sale of gypsum products for use as animal bedding in slatted units and other holding facilities. Gypsum, when washed into slurry pits, will break down in the anaerobic conditions in a pit over time, thus releasing the extremely toxic hydrogen sulfide gas. The gas can be detected at low levels due to its smell of rotten eggs, and can thus be avoided; however, at higher levels it knocks out nasal sensors and will kill instantly. We are all aware of the high-profile case of the Spence family in Northern Ireland who died due to the presence of hydrogen sulfide in a slurry pit. I understand that the use of gypsum for the purpose of bedding is now banned in Northern Ireland and has been banned for that purpose in England and Scotland. It is unbelievable that gypsum is sold in the Republic of Ireland without any warning of this danger. To prevent further loss of life, I ask that the Leader bring the matter to the attention of the Minister for Agriculture, Food and the Marine. It is unbelievable that we allow the sale of this material in the Republic after the Spence tragedy in recent months. I ask that the Leader organise for the Minister to address the issue when he next attends the House, before we have further loss of life.

10:40 am

Photo of Sean BarrettSean Barrett (Independent)
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I join in our colleague's welcome for Professor Huxley, an Englishman who, in a great tradition, believes in fairness in the way the United Kingdom treats this country.

I raise the article by Thomas Molloy in the Irish Independent yesterday in which he stated that electricity prices here are the second highest in the European Union after Cyprus. He estimated they were 40.25% above the EU average. That is a serious cost to industries such as pharmaceuticals, food processing and the growing computer sector. Will the Leader ask the Minister, Deputy Bruton, as the Minister in charge of overall national competitiveness, to address the House on the issue of the high cost of those sheltered sector services such as the one I have mentioned, energy, and accounting and legal services because they damage the competitiveness of Ireland internationally?

Photo of Denis LandyDenis Landy (Labour)
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I raise an issue which will be familiar to many people who served in local authorities across the country, that is, the shared ownership house purchase scheme. This scheme, which was introduced about 15 years ago, allows potential purchasers of council houses to buy the house in a scheme whereby they take out half a mortgage and pay rent for the other half of the house. In most cases the first half of the mortgage is taken out over 30 years. They pay rent for 30 years and then take out the second half of the mortgage over another 30 years. This means that a person could be paying a mortgage for 60 years, and during that time they remain a tenant of the council. I came across many people in the scheme during my time as a councillor. I have never promoted the scheme or encouraged anybody to partake in it because effectively one is neither fish nor flesh when one is in the scheme.

I call on the Leader to bring this scheme to the attention of the Minister and to ask the Minister to review the scheme with a view to abandoning it as an option for people to buy houses. The duration of the scheme is too long for people to become house owners. It creates difficulties when people pass on to the next world in that if they have made a will, they are neither an owner nor a tenant, tenancy rights are questionable, and the ownership is certainly questionable. The issue of mortgage protection arises also. It is very difficult to get mortgage protection on half a house if someone tried to do it. There is also the issue of people who are locked into this scheme and paying extremely high interest rates because the scheme was introduced about 15 years ago. They are in very difficult circumstances. I ask the Leader to speak to the Minister with responsibility for housing with a view to reviewing the full scheme, winding it up and entering into negotiations with the poor misfortunates around the country who were foolish enough, and encouraged in some quarters, to enter into this scheme, to give them an option to leave the scheme on a favourable rate to them.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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I agree with Senator MacSharry regarding the discussion on the family home tax, or property tax. Three hours of debate is insufficient. When the legislation to bring this tax into being was passed before Christmas, only three hours to debate it were provided. It was guillotined. One amendment was reached. This is important legislation. It is draconian in some ways in that it gives huge powers to Revenue and to the Departments of Agriculture, Food and the Marine, Social Protection and the Environment, Community and Local Government to take money from people's grants, social welfare payments, wages and even their bank accounts. In most cases, this tax will impact on families who, as we know, are already struggling to pay bills, put food on the table, put heating oil in the tanks, send their children to third and fourth level education, and primary and secondary school. Many families simply do not have the money to give.

In recent months I have raised a number of independent reports on the political system which have shown that more people in this State are living in poverty. We had the CSO figures of 2011, and the Irish League of Credit Unions report which showed that the majority of working people have less than ¤100 of disposable income left at the end of the month. We had a report also from Social Justice Ireland which showed that austerity is not working and is leading to rising levels of deprivation, poverty and unemployment.

It is in that context that this State will bring in a family home tax, supported initially by Fianna Fáil with the troika but to which it now says it is opposed. This family home tax will put huge pressure on many families, yet we are allowing only three hours to debate it. We will rush it through the House in the same way we did previously. The reason this amendment Bill is being put to us is because it was rushed through the House on the previous occasion, and mistakes were made. We are making the same mistake again by rushing it through the House today. That is unacceptable given the impact that tax will have on ordinary families.

These items of legislation are being rushed through the Houses because the Government does not want to upset any of its backbenchers who might have difficulties with this tax. It wants to rush it through without proper debate and not allow any type of campaign to take a foothold, but the reality is that many families are deeply worried and angry about this charge. They will be very angry when they hear that, again, politicians, the people they elect, are not being given proper time to scrutinise this legislation.

Photo of Colm BurkeColm Burke (Fine Gael)
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I raise the issue of the cost of drugs in the health service. It follows on from a detailed report from Susan Mitchell in The Sunday Business Post this week which indicated that in some cases we are now paying 24 times more than what the same drug costs in the United Kingdom. One drug, which is prescribed for patients with a psychiatric complaint, costs the equivalent of ¤50 per treatment in the UK for 12 months whereas here it costs ¤1,200.

The cost of drugs has increased from ¤572 million a year in 2000 to ¤1.894 billion in 2010. That is a 230% increase over a ten year period. The Minister has negotiated down the price by ¤400 million over a three year period, but my understanding is that when we are replacing generic drugs with branded products, the generic drugs would be cheaper, and certainly sold at a competitive price.

Photo of Sean BarrettSean Barrett (Independent)
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Hear, hear.

Photo of Colm BurkeColm Burke (Fine Gael)
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We now find that in some cases we are still paying up to 24 times more than what is being paid in the UK, while in other cases it is ten or 11 times more than what is paid in the UK. I ask the Leader to invite the Minister to the House to give an explanation for that. If we are transferring to generic drugs, at the very least we should not pay any more than what is being paid in the UK.

The leader of the Labour Party group, Senator Bacik, raised the matter of the need for legislation on the surrogacy issue. We are now allowing the Judiciary to become the legislators because we are not reacting fast enough to issues. Two weeks ago I published the draft Bill on missing persons. I ask that the Leader would communicate with the Department and the Minister for Justice and Equality to determine whether we could start the process of debating that Bill in this House rather than waiting on the Department to produce one. A detailed Law Reform Commission report running to 160 pages has been published. The evidence is there. We should not park that report while we wait for a Department to produce a Bill. The Bill was drafted and is published, and we should get on with debating it. If the Department wants to amend it, it can do so but we should not park it for three or four years.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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The Senator's point is well made.

Photo of Paschal MooneyPaschal Mooney (Fianna Fail)
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I want to bring to the attention of the House a disturbing article written by the distinguished Sky News journalist, Tim Marshall. It relates to the treatment of Palestinians in Palestinian jails. It arises out of the death, in circumstances which are being contested, of a Palestinian, Arafat Jaradat, in an Israeli prison. I understand the results of the post mortem will be made public next week, and the Israelis say they may allow international observers access to the documentation. As a result of the tragic death of Arafat Jaradat, there was an outpouring of anger, with demonstrations in the West Bank and a symbolic one day hunger strike by 3,000 Palestinian prisoners held in Israeli jails.

I want to contrast that with what is happening to Palestinians in Palestinian jails about which there is no protest or international comment. Mr. Marshall refers to Palestinians, saying they are well aware that few people will stand up for them if they are taken into the police stations and prisons run by the Palestinian authorities in either Gaza or the West Bank.

They know that torture is routine in these establishments and that deaths in custody occur. This is supported by the Independent Commission for Human Rights, the official ombudsman for Palestine, which has documented the hundreds of illegal detentions and beatings administered by a Palestinian police force in the West Bank which is funded and trained by the European Union. Between January 2009 and July 2012, the ombudsman received 584 complaints of torture and inhuman treatment in the West Bank alone. Despite the volume of complaints, Human Rights Watch says it cannot find a single case in which a Palestinian official has been punished for serious abuse. It is also stated in Mr. Tim Marshall's article that the Palestinian authorities are said to use "shabah" as a routine method of torture, whereby the detainee is forced into excruciatingly painful stress positions for prolonged periods.

I raise this matter in the House as there has been an ongoing critique - rightly so in many cases - of the Israeli treatment of Palestinians, but we have never heard the other side of the story. We have not heard about what Mr. Marshall has uncovered and brought forth. I ask that the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, raise the matter during Ireland's Presidency. I ask the Leader to convey to the Tánaiste the very serious questions that have arisen as a result of Mr. Tim Marshall's report. I ask that the Tánaiste come to the House to make a statement on the matter or, at the very least, that the Leader convey to him what I record today and obtain a response.

10:50 am

Photo of Jimmy HarteJimmy Harte (Labour)
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I suggest to Senator Marc MacSharry that he telephone Pádraig Flynn to ask him for advice on the roads in Sligo. Perhaps he could provide some useful information, given that he made a fair fist of it in Mayo at the expense of counties such as Donegal. Mayo received millions for roads that went nowhere while counties such as Donegal had potholes filled occasionally.

I call for a debate on an issue I raised at the British-Irish Parliamentary Assembly meeting in Donegal at the weekend on the dumping of chemical waste off the coast of Donegal in the 1950s. It was admitted to by the British Government in the 1990s. I have read over some of the Dáil and Seanad debates on the matter in the 1990s, when questions were asked by Members in both Houses, but answers never really came from the British Government as to what chemicals were dumped and what would happen if they started to decompose. I ask that the Minister for the Environment, Community and Local Government, or another Minister depending on whose responsibility it is, to come to the House to address the concerns of many people who live along the north-west coast. They are concerned about the potential effects of these chemicals into the future. There has not been any satisfactory explanation of what was dumped and what the potential disaster could be. All that has been admitted is that dumping took place.

Photo of David NorrisDavid Norris (Independent)
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Like many here and outside the House, I was not surprised but was saddened to learn of the death of the Venezuelan President, Hugo Chávez. He was a remarkable man who was on the side of the people and was the victim of an attempted coup sponsored by the CIA which was dramatically recorded with great courage by an Irish television crew, subsequently shown as a documentary called "The Revolution Will Not Be Televised". The House might also note the death of Mrs. Gladys Ryan, who was one of the first people to sue on foot of the Constitution in the fluoride case that we have discussed.

I say to our distinguished guest, Professor Huxley, that I am sure he will be concerned, as a democrat, about the attack on democracy by the Taoiseach, Deputy Enda Kenny, who intends to abolish the House if he can manage it. The House represents one of the two principal branches of democracy in the Oireachtas. To lop it off without any proper discussion and without referring to the Conventional Convention, despite the fact that it is the most serious constitutional change in my lifetime, demonstrates a contempt for democracy that is quite astonishing. I point to the precedent of Robert Mugabe, who, immediately on seizing power in Zimbabwe, abolished the senate there. Even today, we find we are being prevented deliberately from exercising our proper function in adequately discussing legislation in circumstances in which the property tax Bill, an extremely controversial measure, will be guillotined, as it was in the other House. I read in today's paper that George Washington suggested the upper house in America was the saucer into which legislation could be poured to be cooled. Yet again, the Government vitiates this process.

A very interesting Bill will be presented this evening during Private Members' time. I have read it and find a great deal to agree with in it. I am surprised our remuneration is to be set at ¤24,000, which seems a little low, frankly, unless one has a very good second occupation, which I do not. I notice that an academic writing in The Irish Times today on the Bill wants us at ¤10,000, which is about half the minimum wage. He also wants all of our secretarial support removed. I wonder how out of touch academic life is. It was pretty out of touch when I was at Trinity College Dublin, but it seems to have gone right off the Richter scale. This kind of solo run is great. While there are another one or two of these Bills coming from the other side, the House must unite. If we do not get ourselves singing from the same hymn sheet and are not prepared to make our case, we will be done in. The Distinguished Visitors' Gallery is also the press gallery, but who is there? Professor Huxley reigns in solitary glory without a single member of the press. How can the Irish people know about these proceedings? I predict confidently that unless somebody has heard these remarks, there will be no one, as usual, to record what is said in tonight's debate.

Photo of Martin ConwayMartin Conway (Fine Gael)
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I support calls by Senator Michael Mullins for the banning of hydrogen sulfide gas in septic tanks and the sale of gypsum in Ireland. It has been banned in the North and in a number of other countries. We have seen already the devastating consequences of the gas. It is clear that there are plenty of alternatives that are less dangerous. I ask the Leader to call on the Minister for Justice and Equality to ban this material as a matter of urgency. If legislation is required, so be it. We will facilitate him.

I welcome this morning's decision of An Bord Pleanála to grant planning permission to Clare County Council for the construction of a pier in Doolin. It is a long-standing saga. Clare County Council originally granted this through the Part VIII process and then embarked on a further period of public consultation due to the objections of some surfers to the construction of a pier. The matter then went to An Bord Pleanála, which conducted oral hearings. I am pleased that, subject to conditions, the facility has been approved. It means the elimination of transhipment of people travelling to the Aran Islands to boats at Doolin, which represented a serious health and safety risk. It means there will be far more frequent services in winter and summer to the islands and that weather dependency will be a thing of the past. It will create jobs in the short term in construction but, more importantly, it will create long-term sustainable jobs in winter and summer in the tourism industry in north Clare, which will benefit the entire county. I welcome the decision and call on the Minister to make funding available to proceed to construction as quickly as possible.

11:00 am

Photo of Mark DalyMark Daly (Fianna Fail)
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I propose an amendment to the Order of Business, that No. 25, motion No. 10, be taken before No. 1. The motion reads: "That Seanad Éireann endorses the protocol governing the national Flag on this the 165th anniversary of the displaying of the Irish Flag for the first time by Thomas Francis Meagher at 33 the Mall in Waterford City on March 7th 1848". We are lucky enough to have the great-great grandson of Brigadier General Thomas Francis Meagher, the man who created the Irish flag, in the House today. The flag of the Irish Brigade which John F. Kennedy presented to the House when he addressed the Dáil in 1963 hangs at the foot of the stairs leading to the Seanad Chamber. He spoke about Brigadier General Thomas Francis Meagher who, like the Leader of the House, was from Waterford and a truly extraordinary man. He came back from France in 1848 with two good ideas - one for a flag for which he borrowed from the design of the French flag, and the second for a revolution which did not work out so well. He was involved in the battle in Ballingarry and put on trial in Clonmel for high treason. Before passing sentence, the judge asked him whether he had anything to say, to which he replied, "Your Honour, if you do not sentence me to death, I will try again." He was sentenced to death, but the sentence was commuted to transportation to Australia for life. When he was in Richmond Prison, just half a mile from this building, he wrote a famous letter in which he said, "Never was their country so utterly downcast, so pitiful, so spiritless. Yet I do not, could not, despair of her regeneration. Nations do not die in a day. Their lives are reckoned by generations, and they encompass centuries. Their vitality is inextinguishable."

Photo of David NorrisDavid Norris (Independent)
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Did he say that? It applies just as well to today.

Photo of Mark DalyMark Daly (Fianna Fail)
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It is timeless and universal.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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The Senator should be allowed to conclude without interruption from a man who exceeded his quota by a substantial amount.

Photo of Mark DalyMark Daly (Fianna Fail)
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I always welcome Senator David Norris' contributions. Brigadier General Thomas Meagher was sent to Van Diemen's Land from where he escaped and arrived in America in the 1850s where he led the Irish Brigade in some of the biggest battles of the American Civil War, notably the battle of Fredericksburg, to which John F. Kennedy referred in his address to the Oireachtas. The highest compliment that could have been paid to him and his brigade came from Robert E. Lee, the commander of the Confederate forces, who that evening wrote of the Irish Brigade in his journal, "Never were men so noble. They ennobled their race by their splendid gallantry on that desperate occasion." They had lost 850 of 1,200 men. Brigadier General Thomas Meagher became the first Governor of the state of Montana and befitting a man who had had an extraordinary life, he had an extraordinary death. One evening he was seen on a paddle boat on the Missouri river and the following day he was gone, never to be seen again. I thank the Leader for his assistance in proposing the motion and welcome Brigadier General Thomas Francis Meagher's great-great grandson to the House.

Photo of John KellyJohn Kelly (Labour)
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I support my colleague, Senator Denis Landy, in his call to have the shared ownership scheme operated by the local authorities scrapped. When it was introduced approximately 15 years ago, those who availed of it were working and given mortgages based on that fact. I know many who are now out of work and receiving social welfare payments who are not in a position to repay their mortgage. As a result, in most cases, the county councils are parking the rental part of the scheme until things change for the owners of these properties. I have made a submission on the matter to the Minister of State with responsibility for housing and estimated that in one case in my area the mortgage sum required 15 years ago was ¤35,000. When that sum is repaid in ten years time, the council will be owed ¤30,000 by way of rental income forgone while the people concerned were enduring difficulties. They will not be in a position to repay that ¤30,000 or go to any lending institution to borrow the money while receiving social welfare payments. The councils should scrap the scheme, allow the people concerned to live in their homes and forego the amount that may be due. This begs the question as to how much do the people concerned owe in property tax if the council owns half of the house? Has this issue been dealt with? It may be clarified later today when we discuss the Finance (Local Property Tax) (Amendment) Bill 2013.

Photo of Pat O'NeillPat O'Neill (Fine Gael)
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Will the Leader invite the Minister for Agriculture, Food and the Marine to the House for a debate on the CAP negotiations? What happens in the next three weeks will define the future of agriculture for the next seven years. We face this event every seven years and it is important that each party outline its position. We know what the Minister's position is, but we are getting mixed messages from the Opposition on the direction Fianna Fáil and Sinn Féin want to see the negotiations take. It is important to have a debate in order that each party can state its position. Some of the farming organisations are divided on how the negotiations should proceed. The Council of Ministers is due to meet in Dublin on 18 and 19 March which will be very important days for the country in defining the future of agriculture, one of the industries that has helped to save the economy. It has a bright future, despite threats from racketeers who have introduced horsemeat to the food industry.

Photo of Feargal QuinnFeargal Quinn (Independent)
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I would like the House to debate energy matters again. The last time we talked about the issue and attempted to bring up the question of nuclear energy we came up against the argument that the disposal of spent nuclear fuel posed a huge danger. A solution to this problem was developed recently. On that basis, it would be timely to have another debate on nuclear energy because, compared with almost any other country in Europe, we have a history of importing a huge amount of our energy resources, the cost of which is in the hands of other states.

In a recent debate I spoke about the opportunity to attract Chinese tourists. I am delighted to see a number of Chinese tour operators which bring wealthy Chinese tourists to Britain are including Ireland in their scheme. I am delighted that Brown Thomas has taken on 20 Mandarin speakers to speak to these tourists and included Mandarin in the signs in its stores on Grafton Street and around the country. It is a real reminder that, as individuals, we can do things; we do not have to look to the State or the Government to do them for us. Companies can do something and achieve a great deal. There is a much wider opportunity in the tourism sector than we might otherwise have thought.

Further to Senator Mark Daly's words about Thomas Francis Meagher, his great-great grandson has just entered the Chamber. We would all like to welcome him and his fiancée and friends from Waterford.

Photo of Susan O'KeeffeSusan O'Keeffe (Labour)
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Once again, I ask the Leader to invite the Minister for Agriculture, Food and the Marine to the House to talk about horsemeat. The issue has been with us for some weeks and we have not seen the Minister. I appreciate that he is busy and that, as Senator Pat O'Neill has pointed out, the CAP negotiations are exceptionally important. However, any number of questions arise from the horsemeat issue. A couple of weeks ago there was a public dispute in the newspapers between the Secretary of State for Agriculture in the United Kingdom and the Minister as to who had said what to whom about how the testing had commenced in Ireland and whether the horsemeat had been found as a consequence of a tip-off or as an intuitive response to the enormous slaughter of animals for meat. There are also questions to be raised about whether the Food Safety Authority of Ireland has enough capacity and is conducting enough tests or whether the testing is at the minimum or maximum level. Furthermore, I would like to know whether SIlvercrest is being sold on or sold off and whether some of the employees still being paid by the company were shipped in from Northern Ireland or eastern Europe.

Last but not least, the "Spotlight" programme last night suggested that the relevant Department in the UK had written to the Department of Agriculture, Food and the Marine in regard to a tip-off it received about a company in Offaly last year. The Department of the Agriculture, Food and the Marine seems not to know about that tip-off and said that it had not received anything, yet the Department in the UK said very specifically that it had sent that information to the officials here. There are any number of questions about this issue, not least about the operation of the Department of Agriculture, Food and Marine, but also in regard to the horsemeat. I urge the Minister for Agriculture, Food and the Marine to come into the House and offer us reassurance. As Senator O'Neill and I, among others, have said on previous occasions, this is an extraordinarily important industry in Ireland and the only way in which it can continue to be important and to build up what is there is if it is clean and if it offers the best meat and the best products not only here but across Europe. The only way to do that is to clean it up. I would like some reassurance from the Minister and form his officials that such a clean up is in operation, that the people who have been defrauding the system will be arrested and will stand trial and at the very least that the horsemeat saga would come to some conclusion because at this point it is doing some damage to our industry, damage we can ill afford.

11:10 am

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail)
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I second Senator Daly's motion and I compliment him and the Leader on bringing this motion before us. It is surprising there is not an accepted protocol for the national flag. We have guidelines on it and we all know those from when we were in school. We knew when we could and could not fly the flag etc. and those guidelines were keenly observed. Even today in the midst of cynicism, and perhaps even anger, there is still great respect for the national flag, whether it be on civic occasions or at sporting events.

There is a sense of history in the House this morning with presence in the Visitors' Gallery of the grandson of Thomas Francis Meagher, one of the iconic figures of Irish history. Coming from Tipperary, I would refer to a battle as it has been referred to historically, the battle of the cabbage patch in Ballingarry. It was obviously much more than that but that is the way it was referred to historically. I hope the Leader will agree to review the Order of Business and allow for what the motion suggests.

I support Senators Landy and Kelly on their comments regarding the shared purchase scheme for local authority tenants. I understood that the concept of such purchase schemes, particularly the one that proceeded the one referred to, is threefold. First, the purchase scheme gave a sense of ownership to the tenant, second, there was also question of ensuring provision for the upkeep of the House and, third, there was a sense that the rent the tenant paid was not dead money. There is no doubt that there are anomalies in the current scheme. It must be exceptionally frustrating for people who bought into that scheme because there are in a no man's or no woman's land. It is as simple as that. I hope the Leader, amidst all the other major issues which are raised here, will specifically focus on this one. The fact that it has not raised its head too high does not mean that there is not huge suffering on the ground. It would be helpful if the Leader could give priority to this issue. There are good Ministers in office and I believe that any Minister would listen carefully to the detail of what has been put forward in the House. I compliment Senator Landy on raising this issue. By ignoring such issues we are adding to the anger, cynicism and the frustration that is already felt as a result of the recession. People of no property often get ignored but people of half property, which comes with the shared ownership of property, are nearly in a worse position.

Photo of Caít KeaneCaít Keane (Fine Gael)
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I want to raise an issue that I raised on 31 January 2012 concerning the landmark ruling that was made in the courts yesterday on assisted human reproduction. In January 2012 I asked what was the status of the Report of the Commission on Assisted Human Reproduction, an eminent report prepared under the chairperson of Professor Dervilla Donnelly. That report contains 35 recommendations on assisted human reproduction. We have seen again where the legislators have been superseded and the Judiciary has taken a decision that the Oireachtas will have to examine. A very serious decision on assisted human reproduction was taken yesterday and legislators will have to catch up with the Judiciary. I ask that the Report of the Commission of Assisted Human Reproduction, which contains 35 recommendations and which is nearly ten years old, be discussed in this Chamber and that the Minister would come into the House and make a statement on where we are at in this respect. The genetic parents won their case yesterday to have the biological mother recognised as the mother following on from the Registrar General refusing to record the genetic mother's name on the children's birth certificate. We had always understood the principle of mater certa semper est, motherhood is always certain, but now science has taken over and we, as legislators, have to catch up. It is not fair to have people in clinics and elsewhere self-regulating and legislation must be introduced to deal with this area. We have seen in every sphere that self-regulatory systems are not acceptable. This is a serious area that must be examined. I ask the Leader to arrange for this report to be discussed in the Chamber, to make a statement on this and to arrange for the Minister to come into the House to address this issue.

Photo of John CrownJohn Crown (Independent)
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I would like to echo Senator Keane's comments. One of the saddest things I deal with in my day job other than the obvious health consequences of cancer in terms of mortality and morbidity is the possibility of premature infertility. I have seen over the years a large number of patients who, because they were diagnosed with curable cancers that required treatments which would compromise their fertility before they had children or during their reproductive years, had the opportunity for parenthood taken from them in the awful trade-off or decision some have to make about whether they will take a treatment that might cure them even though it means that they may be left with this problem. One of the little triumphs we live for is when we see people who have had that news come back to us later with children, often children who have been born as a result of assisted reproductive technologies of various kinds, which I do not need to go into in the Chamber, but also as a result sometimes of technologies which involve one or other of the forms of surrogacy.

I have seen many families where a family member who has been confronted with the prospect of possible early death and likely infertility comes back three or four years later if they have been lucky enough to have been cured and have children and I think this is what makes it all worthwhile. Our State should put no impediments whatsoever in the way of as many people as possible achieving that happy outcome and I refer to people who suffer infertility not only as a result of cancer treatment but for other reasons. I echo the comments which have been made. The National Infertility Support and Information Group has called for legal clarity and legislation to regulate this sector. This is consistent with the recommendations made as long ago as 2005 by the Commission on Assisted Human Reproduction. Yesterday Geoffrey Shannon, the rapporteur on child protection, referred to the current situation where individual parents are going to the higher courts as a failure of the Oireachtas. Let us not have any more failures of the Oireachtas. It is incumbent on the Government and the Minister to introduce legislation and regulation expeditiously.

Following up on what Senator Norris said, this afternoon we will have an opportunity collectively as a body to make sure that there is not one more failure of the Oireachtas, which has been the failure of this House to seriously countenance the need for reform. That opportunity will be presented vigorously and definitively to the Members of the House this afternoon for their decision today.

Photo of Terry BrennanTerry Brennan (Fine Gael)
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I welcome the positive result for Irish tourism at the end of last year and for the start of this year of The Gathering.

Overseas visitor numbers finished strongly in 2012 and got off to a good start in 2013, with a 4.4% increase from all markets between November 2012 and the end of January. I am pleased to see such a very successful start to The Gathering, with the increased performance at the end of last year continuing into this year. There was particularly strong growth from the North American and other long haul markets between November and January. There was also continued growth from the mainland Europe market. The figures confirm that visitor numbers from Great Britain have stabilised, which should provide a solid foundation for renewed growth in the market. There is great room to improve the number of visitors from our nearest neighbour. Comparing the three month period from November 2012 to January 2013 with the period November 2011 to January 2012, the overall number of trips to Ireland was up 4.4%. The number of visits from North America was up 12.2%, while the number from mainland Europe was up by 5.2%, with the figure for Scandinavia increasing by a significant amount, 26%. The figure for Italy was up by 11.8% and for Spain by 5.6%. The number of visitors from the rest of the world increased by 16.1%, with the figures for Australia and New Zealand growing by over 30%. Like Senator Feargal Quinn, I believe there are tourism opportunities in terms of attracting visitors from China, Japan and the Far East. The figure for Great Britain registered an increase of 0.6%, which means there is room for an increase in visitor numbers from there. I look forward to increased numbers in the coming year, the year of The Gathering.

11:20 am

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I support the comments made by Senator Denis Landy on the shared ownership scheme. It seemed like a good idea at the time, but there are difficulties that need to be addressed urgently.

A number of weeks ago I mentioned difficulties for PAYE workers in receiving rebates from the Revenue Commissioners that had been due since the end of last year. The source of the difficulty is a problem with the computer system within the Revenue Commissioners. There does not seem to be a difficulty in the Revenue Commissioners when in October and November people have to pay tax, but there is a difficulty when the Revenue Commissioners are due to issue rebates to which PAYE workers are legally entitled. I ask the Leader to examine this matter to see if the difficulty can be rectified. While he is doing this, perhaps he might ensure that when the Revenue Commissioners send property tax notifications and evaluations, they will not be delayed in getting to Meath East in the coming weeks.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I join in the welcome to Professor George Huxley. I also welcome Mr. Gilbert Lee Meagher, great-great-grandson of Thomas Francis Meagher. On a conciliatory note, I am prepared to accept the proposed amendment to the Order of Business with regard to the Irish flag which was flown for the first time in Waterford on 7 March 1848. On the 165th anniversary of the flying of the flag for the first time, it is opportune to have the great-great-grandson of Thomas Francis Meagher in the House which I believe will join me in welcoming Gilbert Lee Meagher to the Distinguished Visitors Gallery. I hope to have the opportunity to meet him later in the Granville Hotel in Waterford which was associated with Thomas Francis Meagher during those years.

Coming back to the politics of the day and the Order of Business, Senator Marc MacSharry referred to the property tax. I will endeavour to have the Minister come to the House for a longer time, but I cannot give a guarantee to change the Order of Business. I will try to have more time allocated for Committee Stage, if at all possible.

With regard to the deferral of projects and the National Roads Authority, the question of dangerous roads will be addressed and finance will be made available. There will be further announcements in this regard in the near future.

Senators Ivana Bacik, John Crown, Cáit Keane and others referred to the recent surrogacy case. It is important that legislators and the Government legislate for the outcome, as we have dragged our heels for quite some time on the issue which, as Senator Ivana Bacik said, former Senator Mary Henry championed for many years in the House. I hope the Government will act in order that we will have legislation on it in the near future. Senator Cáit Keane asked for a debate on the report on assisted human reproduction report soon and for the Minister to outline the position of the Government on the matter.

Senator Ivana Bacik referred to prison conditions and the forthcoming report of the Joint Committee on Justice, Defence and Equality, on which we will arrange a debate.

Senators Michael Mullins and Martin Conway referred to the gypsum used in bedding for animals and the fact that it gave off hydrogen sulphate. This is a serious matter, as the material is banned in other countries. It should also be banned in Ireland. I will bring the matter to the attention of the Minister with a view to having immediate action taken on this very important issue.

Senator Sean D. Barrett referred to electricity prices and the need to have the Minister for Jobs, Enterprise and Innovaton, Deputy Richard Bruton, come to the House to assess how much damage has been done to the competitiveness of the country. I will certainly address the matter with the Minister.

Senators Denis Landy, John Kelly and Labhrás Ó Murchú referred to the difficulties with the shared ownership scheme and asked for the Minister to come to the House to review the scheme, with the possibility of abandoning it altogether. I will raise the matter with the Minister of State, Deputy Jan O'Sullivan, with a view to her coming to the House to address it.

With regard to Senator David Cullinane's request, we will have a debate on the property tax after the Order of Business. The Senator can raise any point he wishes at that point.

Senator Colm Burke referred to the cost of generic drugs and the fact that they were a lot cheaper in the United Kingdom. The Minister recently concluded negotiations with the drug companies and there has been a reduction in the cost of drugs. There is, however, a need to reduce prices further. I note the reference to the report of the Law Reform Commission and the Bill on the Order Paper which we will try to expedite.

Senator Paschal Mooney referred to illegal detentions in Palestine and the report of Tim Marshall. I will relay his comments to the Tánaiste.

Senator Jimmy Harte referred to the dumping of chemical waste in County Donegal in the early 1950s. We will try to get an update on the matter for the Senator. It is possible he would receive a more emphatic and detailed reply if he were to seek to raise the matter on the Adjournment.

Senator Norris raised the forthcoming referendum on the abolition of the Seanad. The Taoiseach has no power whatsoever to abolish this House. It is the people who will decide whether this House stays.

Senator Conway raised the matter of the construction of a pier in the beautiful village of Doolin, County Clare, and the creation of long-term and sustainable employment in this area. We all wish this project well.

Senator Kelly sought clarification on liability for the property tax for those paying for shared ownership. This matter can be addressed with the Minister when we take the Finance (Local Property Tax)(Amendment) Bill 2013 after the Order of Business.

Senator O'Neill called for a debate on the Common Agricultural Policy, CAP, negotiations. Senator O'Keeffe also called for the Minister for Agriculture, Food and the Marine to come to the House to discuss the negotiations, as well as the horsemeat controversy. I will try to get the Minister to attend the House. Today, he will address an important conference on food safety. I agree with the Senator that people defrauding the system should be brought to justice. There is no question about that.

Senator Quinn called for a debate on energy. We have had debates on the topic in the past but we can certainly have a further debate. The recent British-Irish Parliamentary Assembly meeting in Donegal was dedicated to discussing the area of renewable energy. It was an interesting gathering which the Minister addressed, as well as others involved in the energy sector. I agree with Senator Quinn that we should have a further update on this sector soon. I also note his comments about a store that now employs non-Irish nationals, particularly Chinese, to assist tourists when shopping. This is a good initiative by the store in question and I am sure it will be followed by many others across the country.

Senator Brennan raised The Gathering and subsequent increase in tourist figures. This is to be welcomed and we all hope this will continue into the year.

I will find out for Senator Wilson from the Minister for Finance what the problem is with rebates for PAYE workers and see how it can be speeded up. As he stated, Revenue has no problem in collecting taxes but it can be slow in paying out rebates.

11:30 am

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Senator Mark Daly has proposed an amendment to the Order of Business: "That No. 25, motion No. 10, be taken before No. 1."

Amendment agreed to.

Photo of David NorrisDavid Norris (Independent)
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I note from the Order Paper that we are taking Second Stage of the Finance (Local Property Tax)(Amendment) Bill 2013. That is the only advice we have been given but I understand we will take all Stages today in violation of democracy. We have not received the amendments yet. We are being deprived of the tools necessary for us to perform our constitutional function.

Photo of Caít KeaneCaít Keane (Fine Gael)
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We did notify Members.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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We will not have a debate on this. Is the Order of Business, as amended, agreed to?

Photo of David NorrisDavid Norris (Independent)
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I do not agree to it. I will not, however, call a vote. I would just like to be recorded as having not agreed to it.

Question, "That the Order of Business, as amended, be agreed to", put and declared carried.