Seanad debates

Thursday, 23 May 2013

10:30 am

Photo of Sean BarrettSean Barrett (Independent)
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I join the Cathaoirleach in welcoming our guests from Korea. I also endorse Senator Bacik's comments in regard to the dreadful events yesterday in London, which many Irish people have made their home. We should express our sympathies to the Mayor of London, Mr. Boris Johnson, and send our condolences to the colleagues of the murdered man.

I welcome the appointment of Ms Siobhan Talbot as chief executive of the Glanbia company. She is the first woman to head up a company on the major Stock Exchange list in Ireland.

Photo of Sean BarrettSean Barrett (Independent)
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Glanbia grew out of the co-operative movement assiduously put together by a former member of this House, Mr. Horace Plunkett. I am sure the Leader, as a man from the southeast, will be delighted to send our congratulations to Ms Talbot on her wonderful achievement.

Photo of Tom ShehanTom Shehan (Fine Gael)
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In light of the proposal to bring forward the budget to 15 October, I ask that the Leader invite the Minister for Public Expenditure and Reform, Deputy Howlin, to the House so that members can impress on him some ideas for the forthcoming budget. In the interests of a stimulus package, I have one idea, namely, the refit of derelict houses. Hypothetically, a 20% grant towards a €60,000 refit would cost the State €12,000. In terms of breakdown, €40,000 of the €60,000 would go on materials and the remaining €20,000 would be spent on labour. With VAT on materials being 23% and VAT on labour being 13.5% this would yield €9,200 and €2,700 respectively to the State. As such, a spend of €60,000 grant-aided by a maximum of 20% by the State would be cost neutral because, outside of PRSI payments and savings in terms of social welfare payments through the resultant jobs created, the State would recoup the grant amount provided by way of VAT. Also, the refit of derelict houses would add to our housing stock. While some might say we have sufficient unoccupied houses, there are hundreds of thousands of people on our housing lists. I believe what I have proposed would be a cost-neutral venture.

It is important the Minister comes to the House to hear the many more ideas from Senators that could be incorporated into the budget.

Photo of Mark DalyMark Daly (Fianna Fail)
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I ask that the Leader provide time for a debate on the undocumented Irish, which issue I have previously raised in the context of the current Bill going through the US Senate which will assist the 50,000 undocumented Irish citizens living in the United States. I ask that the Minister for Foreign Affairs be invited to the House to give us an update on what his Department is doing to ensure Irish people living in the shadows in the US are fully legalised. It will be a lengthy process. However, we must ensure that all Irish people living in the US who are currently undocumented are looked after. There is also provision in the US Bill for the issuance of 10,500 visas per year to Irish citizens. It is a particularly unique section of the Bill, which gives Irish citizens here a right to apply for visas to work in the US, which visas can be renewed.

Photo of Denis LandyDenis Landy (Labour)
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I want to speak this morning about the situation in regard to home help services in this country. The most recent census indicates that there are 535,393 people over the age of 65 in this country, which is 12% of our population.

The recent CSO figures predict that an extra 15,000 people will be in need of home help and home care services before 2026. The national positive ageing strategy launched last year states that it should enable people age with confidence, security and dignity in their own homes but in the last quarter of 2012 we find that home help supports were reduced by €8 million. After much discussion that was to be returned in the budget for 2013 but the evidence to date shows that has not happened. In replies to a number of parliamentary questions tabled in recent months it is clear that the budgets in some cases are below that provided in 2012. One Deputy was informed that the only way extra home help hours would be provided in his constituency was if people died.

10:40 am

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Is the Senator looking for a debate on the issue?

Photo of Denis LandyDenis Landy (Labour)
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I am calling on the Leader to request the Minister to come into the House to discuss this issue as a matter of urgency. We are getting one view of what is happening in replies to parliamentary questions but what is happening on the ground is a different matter. Hours are not being reinstated and people are suffering. We were told money was being put into the budget for the purpose of rectifying that but it has not happened. I call on the Leader to ask the Minister to come into the House to debate that matter.

Photo of David NorrisDavid Norris (Independent)
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I would like to ask about the human trafficking Bill because I disapprove of the practice that is growing of taking all Stages together. Since this will obviously happen I ask the Leader to make sure that it happens as infrequently as possible and if there will be an opportunity to table amendments. It is important that we should be allowed to amend the Bill, particularly in light of organ harvesting. I very much welcome that this is being included in the legislation, as I understand it. I would like to table amendments.

I agree with my colleagues who have spoken about the appalling event yesterday in London. It is unusual in the savagery of the attack and in the blatant disregard for the feelings of the public, the family and the associates of this man when the perpetrators of the crime appealed to the public to make a film and photographic record of the event. That was an utter obscenity. It is important that there has been a broad range of condemnation across the cultural and political perspective in England. That is appropriate, but I would like to think that would be paralleled by a broad range of condemnation of the murder of people by our allies in places like Afghanistan by drone attacks. That cannot be used as an excuse for the kind of barbarism we saw in London but there is no doubt that we must not have double standards. As far as I am concerned, savagery is savagery and human rights are human rights. Both are universal concepts, and we cannot just pick and choose as we always do. I condemn this outrage but I also condemn the murder of large numbers of innocent people by depersonalised mechanical attacks ordered by our allies.

Photo of Catherine NooneCatherine Noone (Fine Gael)
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I attended a briefing yesterday on the issue of childhood obesity. It has been raised by a number of Senators in this House, including myself, on numerous occasions but the statistics are frightening in that one in four Irish children are now classified as being overweight, and one in ten of them are deemed to be obese. We could talk about statistics all day but that is the reality for many children. If these statistics are correct, obese children who are not treated cost our paediatric hospitals €5,164 per year. That comes to an annual amount of €500 million. It is a very serious issue. The health committee is inviting various experts to come before it but the reality is that the experts are not in the area of paediatrics. We need specific expertise from specialised paediatricians in this area.

I want to highlight Temple Street hospital's W82GO! programme, which is very effective but does not get any Government funding. It costs approximately €600 per patient per year and the people involved are managing to carry out this function without any Government funding. I call on the Health Service Executive to try to find a way to get more funding as soon as possible to deal with what is a serious problem that is on the increase, and which will do untold damage to future generations.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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I return to the issue of corporation tax on which we did not get satisfactory responses yesterday. It is important that we have an honest and transparent debate on this issue. When people raise concerns about corporation tax it is often met with derision from certain Members of this House but I am sure everybody would agree it is important that we have an opportunity to ask questions.

I will quote from a hearing that took place in the United States Senate on 15th of this month. The head of Apple's tax operations was before the Senate committee. He stated:

Since the early 1990s, the government of Ireland has calculated Apple's taxable income in such a way as to produce an effective rate in the low single digits. The rate has varied from year to year, but since 2003 has been 2% or less.
A written response from Apple to the same committee states:
Since the early 1990s the Government of Ireland has calculated Apple's taxable income in such a way as to produce an effective rate in the low single digits, and this is the primary factor that contributes to Apple's rate. The rate has varied from year to year but since 2003 has been 2% or less.
The chief executive officer of Apple, Mr. Tim Cook, and Apple's director of tax operations both made the same comment when questioned by the US Senate.

There appears to be an anomaly or a loophole in Irish tax law which provides that a company is tax resident where its central and control management is located but not where it is incorporated. That allows some of these multinational companies to set up two companies, one which is non-resident in Ireland - perhaps in the Cayman Islands or elsewhere - and one which is resident in Ireland. It is similar to the Apple subsidiary company which was under scrutiny by the US Senate committee. That company has only three directors in Ireland. It does not have any employees. A total of €30 billion was funnelled through this company. It did not pay any taxes in this country or in the US. That is what is happening.

The biggest threat to multinational jobs in this country is that this practice is happening and that the British Government and the American Government are now watching. There is a world of difference between Apple or any company manufacturing in this country and paying their taxes but these subsidiary companies that are being set up are clearly designed to avoid paying tax. We need to have that discussion and the Minister should be brought before the House for it.

Photo of John KellyJohn Kelly (Labour)
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I support the call by my colleague, Senator Landy, for the Minister for Health to come into the House to clarify the position regarding home help hours. Prior to the last budget I made it clear that my support for the budget depended on whether the Minister restored the €8 million worth of home help hours to the HSE. I got assurances before the budget, and during the budget speech, that that had happened but I understand from reading various HSE service plans for counties that the number of hours being provided by the HSE currently is the same as the number provided after the cuts were made in 2012.

People whose home help hours were withdrawn in 2012 have not had them restored, and neither have home help service providers whose hours were cut in 2012. Either the money was restored to the HSE for the purpose of home help hours and was spent elsewhere or it was not restored. I support Senator Landy in requesting the Minister to come before the House to clarify which it is.

10:50 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail)
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I also wish to raise the issue of home help hours. It is a very appropriate topic to discuss because it reflects how we treat our old people and the dignity and support they receive from the State. It is all linked to the issue of allowing elderly people live in dignity in their own homes versus the option of going to a nursing home. It is a no-brainer for the State to support home help hours. With the cutbacks in home help hours, some elderly people are forced into nursing homes, the cost of which, depending on whether they are public or private, can vary from €550 a week to €1,500 a week, with private homes generally being cheaper than public nursing homes. No old person should be forced into a nursing home. It should be a choice-based issue and so should home help support. In my county, drastic cutbacks have been made to home help hours in recent years. This is simply wrong because it is excellent value for money. Home help workers provide excellent care to the elderly and they should be supported by the State. The service should not be privatised. I am a great believer in having home help hours carried out by neighbours and friends of individuals.

Another anomaly is the issue of the carer's allowance package and the absolutely disgraceful treatment of carers, people with disabilities and our elderly by the Department of Social Protection. I raised this issue a number of weeks ago and the Leader threw it back and stated I should use my contacts in the Department. There has been a policy change in the Department and it is like a whispering campaign. Officials in the Department are told to approve only a small number of applications.

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

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail)
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It is unofficial but speaking to contacts in the Department-----

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Is Senator Ó Domhnaill looking for a debate on the issue?

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail)
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The Ministers for Social Protection and Health should come before the House because if we cannot protect our elderly and disabled and those who care for them in our current difficult economic situation, then the country will be no place for old people.

Photo of Terry BrennanTerry Brennan (Fine Gael)
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I wish to be associated with my colleagues who have mentioned the Croke Park agreement. I acknowledge this significant progress which has been made in the talks to date. I pay tribute to all concerned, including the union representatives and the Labour Relations Commission very ably chaired by Kieran Mulvey. I hope these talks are brought to a successful conclusion for the benefit of all concerned in the not too distant future.

Photo of Aideen HaydenAideen Hayden (Labour)
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I concur with Senator Norris's comments on the recording of the very brutal murder of the young soldier killed in London. I do not know whether it is true, but there is a rumour that the footage is available to be viewed on YouTube. It is wholly inappropriate and we must be very conscious of it. It is absolutely outrageous. I am not in favour of censorship but this goes beyond any concept of human dignity and needs to be addressed. This type of broadcasting cannot be permitted in a civilised society.

Will the Leader invite the Minister for Children and Youth Affairs to the House? It was announced the Garda is investigating a number of child care facilities in the Dublin region with regard to the mistreatment of children. It is the worst nightmare of parents that their child would suffer any element of mistreatment while in a care facility while they are working during the day. This apparently has come to light on foot of an RTE "Prime Time Investigates" programme into child care facilities. I am very much in favour of investigative journalism but I find it deeply disturbing this potential mistreatment of children came to light on foot of what can only be described as trial by RTE and not by the manner in which it should have come to light, which is via the HSE and other bodies charged with ensuring children in crèche facilities are properly treated. It is an urgent matter and I ask the Leader to invite the Minister to come before the House to explain the procedures and protocols followed by the HSE and the Department to ensure children in crèche facilities are properly supervised and treated.

Photo of John WhelanJohn Whelan (Labour)
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I wish to add my voice to the cross-party call by Senators Landy, Kelly and Ó Domhnaill with regard to home help services. This is not a party political issue and no one in the House would not be concerned about care of the elderly. I commend the Leader on the expeditious manner in which he facilitates debates on issues raised on the Order of Business and brings Ministers before the House. This prompt manner is most helpful and I am sure he will do the same with regard to home help. Home help service providers are the hardest working people in the health service and are probably among the lowest paid. They are the poor relations and Cinderellas of the health service. With reluctance I state they are being messed about. Home help providers have been before the Labour Relations Commission 14 times in recent months. Very few people do not know at the start of a week how many hours work they have that week. This has a very stressful and distressing effect on their clients, mostly elderly people but also those who are infirm or recovering from cancer. We have been misled, and I do not say this lightly, with regard to the restoration of hours and finance for this area. It is not the first time the HSE and the Department of Health have been disingenuous in this regard. They have been massaging the figures on waiting hours-----

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Is the Senator seeking a debate?

Photo of John WhelanJohn Whelan (Labour)
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I am seeking a debate. I support the call for a debate. The Minister of State at the Department of Health, Deputy Kathleen Lynch, stated a fortnight ago that she was appalled to have been misled with regard to the recruitment of staff to mental health services.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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She is responsible.

Photo of John WhelanJohn Whelan (Labour)
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Now we have the same craic with regard to home help services because the hours have not been restored. The hours have been cut and the service is being privatised by stealth.

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

Photo of John WhelanJohn Whelan (Labour)
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One cannot care for someone with only 15 minutes allocated services. It is absurd. We will not let go of this issue. We will pursue it until we have proper answers.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Senator Whelan should have voted against the Social Welfare and Pensions Bill.

Photo of Susan O'KeeffeSusan O'Keeffe (Labour)
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I join others in condemning the events in Woolwich yesterday. It seems in an attempt to try to break through the constant noise of violence and violent acts that a new low has been reached whereby something like this could happen in broad daylight. Of course, the perpetrators have succeeded in breaking through. As Senator Hayden stated, if it is the case this video is on YouTube, they have achieved what they set out to achieve. None the less we must be firm in our condemnation and I ask the Leader to send formally letters of condolence to the Mayor of London, Boris Johnson, and to the family of the young man who was so brutally murdered yesterday.

I call for a debate on the intermediate care vehicle strategy which has been around the HSE for a number of months. The acting CEO, Tony O'Brien, made reference to it on the radio at the weekend. He came before the Joint Committee on Health and Children in March. There are still many questions about how the strategy will work with a reorganisation of hospitals, the report on which was recently made public. The intermediate care vehicle strategy is quite important as it deals with ferrying patients from point A to point B. Unless the strategy is up and running, the hospital reorganisation will not be as efficient as it ought to be.

Will the Leader also ask the Minister for Health about the drugs costing strategy for children versus the drugs costing strategy for adults? If one is particularly ill, one's eligibility for drugs appears to be age dependent, in that one gets more drugs if one is younger. I seek clarification from the Minister, as the behaviour of hospitals in respect of people's ages seems strange.

11:00 am

Photo of John GilroyJohn Gilroy (Labour)
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Will the Leader ascertain from the Minister for Justice and Equality the status of the Coroners Bill 2007, which is stuck on an Order Paper somewhere? The need for a new Act has been demonstrated, as some of the provisions in the current Act hark back to medieval times. Not only is a coroner required to determine the cause of death, but inquests are also required for what are called treasure troves. That such provisions remain in effect seems anomalous at a time when resources for the Coroner Service have been reduced. A modernisation of the legislation is necessary.

Photo of Michael D'ArcyMichael D'Arcy (Fine Gael)
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I agree with Senator Cullinane - that does not happen often - on taxation. The form of taxation is irrelevant. If tax is owed, it should be paid. This includes the household charge, which I put directly to the Senator. The role of the Revenue Commissioners is to collect taxes. They have incredibly strong powers. If there is fault, it lies with the Legislature for allowing taxation lawyers in Ireland and elsewhere to facilitate tax avoidance schemes. The IRS in the US is also powerful. Although some people claim that nothing is being done, a great deal is being done.

I agree with Senator Barrett about it being a good day, in that Glanbia is the first company to appoint a woman, Ms Siobhan Talbot, to one of the country's most senior executive roles in business.

Photo of Feargal QuinnFeargal Quinn (Independent)
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I question the wisdom of foreign affairs and trade being joined together in the same Department. Trade is important, but when we tie it to foreign affairs, it falls behind. The Tánaiste has been criticised for not going on a trade mission for almost two years following his appointment and for devoting all of his time to foreign affairs.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Off to North Korea.

Photo of Feargal QuinnFeargal Quinn (Independent)
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Are we losing sight of the importance of trade by having the two areas joined together, particularly given the fact that the Tánaiste is very interested in what is happening at home and is unavailable to travel on trade visits? He is busy with foreign affairs, but perhaps we should allocate more time and attention to trade. Exports have done well in recent years, but they need more time and attention.

Photo of Michael MullinsMichael Mullins (Fine Gael)
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I support Senator Sheahan's call for a pre-budget debate. I like his idea of introducing a scheme that would kick-start activity in the construction sector. Many Senators have innovative ideas that they would like the Minister for Finance to consider for the forthcoming budget.

My main reason for rising is to ask the Leader a question. In light of the deteriorating situation in Syria, will he organise a discussion on the situation with the Tánaiste and Minister for Foreign Affairs and Trade as early as possible? Yesterday, I attended a briefing given by Ms Rafif Jouejati, a Syrian activist and the official representative of the Local Coordination Committees of Syria, the umbrella body for civil society groups in Syria that want a peaceful resolution to the conflict. She painted an horrific picture. We have all read about the 80,000 or more people who had been murdered and the millions who have been displaced. She discussed the horrific and brutal rape of thousands of women, much of which was committed in front of children. She told us of how she had recently visited a camp of 17,000 people. Its sanitation comprised 40 portable toilets and it possessed a single kitchen, which attempted to provide one light meal per day to each of the 17,000.

As parliamentarians, we have a responsibility to highlight the inaction of the international community. Given the fact that we hold the EU Presidency, we must use our influence in the US and put pressure on Russia. The Tánaiste is doing everything possible to keep Syria on the agenda, but we are witnessing the worst humanitarian crisis of our time. We need to highlight this fact in the House. A further debate with the Tánaiste at the earliest opportunity is necessary. With every day that passes, more people are killed or displaced and more women are brutally tortured and raped.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Darragh O'Brien raised the issue of the patronage of schools. We can try to arrange a further discussion, but we held a good, comprehensive debate on the subject only a number of months ago. The Minister attended it.

The Senator also discussed adult mental health. I assure him that we will hold a debate on the matter before the end of this session. The Minister is willing to attend, but it is a matter of fitting it into the schedule. Adult mental health could be a good subject for public consultation.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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We might consider that at the next committee meeting on the public consultation schedule.

The Betting (Amendment) Bill is on the A list and will be republished this term. As I explained previously, it was published by the Department of Agriculture, Food and the Marine last year but has since been moved to the Department of Finance with the original Department's input.

Senators Bacik, Hayden, O'Keeffe and others referred to the gruesome and brutal murder witnessed by many people in Woolwich. I will express the House's sympathies to all concerned.

Senators Bacik and Brennan complimented everyone involved in the Croke Park II negotiations at the Labour Relations Commission, LRC. We should join in complimenting those involved. I hope for a good conclusion in early course.

Senators Barrett and Michael D'Arcy complimented Ms Talbot, the new CEO of Glanbia. I will express our good wishes to her.

Senators Sheahan and Mullins discussed pre-budget submissions. We will arrange a debate on the matter. Senator Sheahan referred to the provision of grant aid for refitting derelict houses. He suggested that the work would pay for itself. This idea is worth considering. I hope that the Minister will attend the House to listen to Senators' suggestions for the budget.

Senator Daly called for the Tánaiste to update the House on the issue of the undocumented Irish. I will seek to arrange an update on that issue.

Senators Landy, Kelly, Whelan, Ó Domhnaill and others raised the issue of home help services.

Our aim should be that our elderly people can live in confidence, security and dignity. Home help services provide that in a cost-effective way and prevent elderly people from having to go into nursing homes. There seems to be a difference of opinion as to what moneys were allocated and what was spent on additional hours. I will try to find out the up-to-date position from the Minister. I understand from Senator Landy that a number of Members in the other House have tabled questions but there has been a variance in the answers that issued. I will try to discover what the situation is and will report back to the House.

Senator Norris referred to the human trafficking Bill, and I have no problem with the point he made. Committee and Remaining Stages of the Bill remain and only six amendments are tabled. I am willing to leave it at that and not schedule Report Stage, if that is the wish of the House, and will amend the Order of Business in that regard. The reason I had tabled Report Stage was that so few amendments were scheduled but now we will only take Committee Stage.

I also note the Senator's points on human rights and the violation of those rights in many areas, such as the killing of people in drone attacks. That is another item to consider. A number of Senators have asked for the Tánaiste and Minister for Foreign Affairs to attend the House. Perhaps we can have an overall debate on foreign affairs and human rights with him. Senator Mullins mentioned Syria, an issue that needs to be debated in the House.

Senator Noone raised the issue of obesity and I note her points. A healthy living report was published only some weeks ago and the Seanad also had its own public consultation report. The House could debate both reports when the Minister for Health, Deputy Reilly, is willing to attend. I will endeavour to arrange that.

Senator Cullinane mentioned Apple and the taxation issue. I explained the situation yesterday. In respect of the testimony given by Apple executives to the US Senate committee, the Taoiseach is on record as stating:

I disagree with the comment made in the US Senate yesterday. Ireland's Corporate Tax rate is 12.5%. It has been that way for a period. The World Bank sets its effective rate at 11.8% and that applies across the spectrum. There are no differences in any areas or sector for Ireland. We do not do special deals in regard to that Corporate Tax Rate.
I am prepared to accept the full bona fides of the Taoiseach in his statement on that matter.

Senator D'Arcy also raised the issue of tax avoidance. The best way to combat such tax arrangements and avoidances is for countries to work together at EU and OECD level to implement international rules in this regard. Ireland fully supports such efforts and is an active participant in the OECD project on base erosion and profit shifting. The Government is fully involved in the stemming of tax avoidance in this country and in Europe and we are working with our European partners in that regard.

Senator Hayden called for the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, to attend the House and clarify the issue of the alleged mistreatment of children in crèches. I will seek an update from the Minister on that matter.

Senator O'Keeffe mentioned the intermediate care vehicle strategy and I will ask about the up-to-date position in that regard. I also note the Senator's points on hospital groupings.

There was reference to the cost of drugs for young people vis-à-visthe cost for elderly people. We had a lengthy debate yesterday on the cost of drugs and we can raise this with the Minister of State, Deputy Alex White, who attended and who is dealing with that matter. I will check the status of the coroners Bill for Senator Gilroy and will return to him.

Senator Quinn raised the issue of foreign affairs and trade. The Minister for Jobs, Innovation and Enterprise, Deputy Richard Bruton, has attended many trade missions even though these are not officially classified under his Department's remit. The area of trade missions is covered in many ways, however, by the Minister's Department. When the Tánaiste attends the House he can give an outline of his brief as it relates to trade.

I believe I have addressed Senator Mullins's points on Syria and pre-budget suggestions.

Order of Business agreed to.