Seanad debates

Wednesday, 26 June 2013

11:10 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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Tacaím leis an leasú atá molta ag mo chomhghleacaí, an Seanadóir Cullinane, maidir leis na díospóireachta inniu agus athrú a dhéanamh ar an Ord Gnó. I support the call by my colleague, Senator Cullinane, to extend the amount of time that is being given today in the presence of the Taoiseach to discuss the Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013. We need to do that in the interests of democracy.

What is the Taoiseach afraid of? Is he afraid of a debate on this issue? No one here will attack him in any way but there are many issues surrounding the potential abolition of the Seanad that need to be teased out. I doubt I will get time to contribute to the debate today. The way the Order of Business is being set out, it does not look like a Sinn Féin spokesperson will get to speak.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The debate is being adjourned today.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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The Taoiseach will not be back to hear our opinions when he needs to.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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It is the Bill we are discussing, not the Taoiseach.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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The reason I am raising this issue is pertinent.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Senator Ó Clochartaigh does not know if he will be back.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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Maybe The Taoiseach will be back but perhaps the Leader will clarify that. I note, for example, the Taoiseach has no issue in going to Davos for a couple of days to speak to people there. He had no issue in spending a couple of hours climbing Croagh Patrick with Trapattoni when he needed to, or cycling a greenway. He had no issue-----

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

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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I do. The Taoiseach had no issue recently in spending a full day in Connemara opening extensions to schools, where he was welcome. What is the Taoiseach afraid of? Why will he not come in here for a number of hours to discuss the Bill and listen to everybody's opinion on it? That is the least he could do before he intends to scrap the Seanad. If he is so sure of his position on this question, what is he afraid of? That is what I would ask. It is only appropriate on this occasion that there be an extension to the amount of time given and a commitment from the Taoiseach that he will stay to listen to the opinions of all 60 Senators, if that is what they wish.

Photo of Colm BurkeColm Burke (Fine Gael)
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I want to raise the two Bills which I published. The first, the Medical Practitioners (Amendment) Bill 2012, which relates to the need for comprehensive insurance, was first introduced in 2009 by the Minister for Health, Deputy Reilly, who was then in opposition. At the time, the then Department of Health and Children stated that by January of 2010 there would be agreement from it to this legislation. The reason I raise this is that there was another report at the weekend that it is likely the claims of some women who had breast implants will not succeed because of inadequate insurance. It only emphasises the urgency of the legislation which I published over six months ago. We were told the Department would be back to us by June and we have heard nothing from it, whether it intends publishing its own Bill or accepting the Bill which I published.

The second Bill relates to the remit of the Department of Justice and Equality. I have made representations to the Department on the matter of missing persons and the need for putting in place new legislation to deal with that issue where a death certificate cannot be issued. This is important legislation.

It is about the use of the Seanad. We are leading into the debate about the abolition of the Seanad and these two pieces of extremely constructive legislation illustrate how the Seanad can be used constructively in bringing forward legislation. That might be raised with the Taoiseach when he is in today. I would ask the Leader that I might get some answers on those two Bills.

Photo of Mary MoranMary Moran (Labour)
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I welcome the release today of details of the compensation scheme for the survivors of the Magdalen laundries. The fund, in the region of €25 million to €50 million, is for the 700 women survivors and the payments will depend on the length of time spent in the laundries.

It leads me on to another matter, that of symphysiotomy. It is an issue I have raised continually in this House since I came into the Seanad two years ago. Recently, I have again been in correspondence with the Department of Health and the Minister calling for a definite date when the Walsh report can be published. I am tired of listening to my own voice asking for it every week. As recently as yesterday, I was told, yet again, that it will be published shortly. The report was due to be published in September last. It is now 26 June and we are still waiting. I call on the Minister, Deputy Reilly, to make a statement on the matter giving us a clear idea of when the report will be published. Every day that goes by without action on this is another day that we are not doing right by these women. I call on the Minister to establish a date for the publication of the Walsh report without fail and to stick to it. I call on him to make a statement on the matter for it to be published before the summer recess.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Leader of the Opposition, Senator Darragh O'Brien, spoke about matters in the other House last evening regarding the guillotining of the Bill to allow for a referendum on the abolition of the Seanad. I can assure the House that no such guillotine will be applied in this House-----

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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-----and ample time will be given for every Member of the House to contribute, irrespective of what time it takes. We have an hour and a half today, we have three hours tomorrow and we will have further time next week to deal with Second Stage. We will continue to deal with Committee and Report Stages over the coming weeks.

Photo of Mary WhiteMary White (Fianna Fail)
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It is not satisfactory if the Taoiseach will not be here.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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If Senator White could let me reply-----

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

Photo of Mary WhiteMary White (Fianna Fail)
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The Leader should be honest about it.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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-----I am saying that there will be more than ample time for Members to make their points on that Bill, today, tomorrow and, if necessary, on any other day. There will be no guillotine in this House on the Bill.

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

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I note that Senators Darragh O'Brien, Hayden and others raised the issue of mortgage arrears and the code of conduct on mortgage arrears. I understand that the code of conduct is a Central Bank draft and is still subject to consultation. I am not aware of when the code of conduct will be published but when it is published, I certainly will ask the Minister to come to the House in order that we can have a debate on the issue.

I note Senator O'Brien's points on special needs assistants and I will bring the matter to the attention of the Minister for Education and Skills, Deputy Quinn.

Senators Bacik and Moran referred to the redress scheme for survivors of the Magdalen laundries, which is to be welcomed. I am sure we will have further discussion on that as soon as the proposals are announced, which I understand will happen today.

Senator Bacik also spoke about other issues that have been addressed by the Constitutional Convention. Perhaps we could find time in September to have a debate and discuss the issues on which decisions have been made by the Constitutional Convention to date. Perhaps we could invite the chairman of the convention to update us on its work in September. I will seek to do that.

I note Senator Barrett’s points on the Seanad referendum Bill. I am sure he will make those points strongly on the Bill itself when it is discussed in the House.

Senator Conway spoke about reductions in the budgets of various offices and the need for adequate resources to combat white collar crime in particular. I will bring the matter to the attention of the relevant Ministers. The Minister for Justice and Equality will come to the House to deal with the Courts Bill and that could provide an opportunity for Members to raise the points with him that they have raised on the Order of Business.

Senator MacSharry called for the full rigours of the law to apply to people who broke the law, especially in regard to alleged bank fraud. We all hope the full rigours of the law will and must apply to all involved in breaking the law in any area. I reject the suggestion calling on the Taoiseach to put pressure on the Director of Public Prosecutions, DPP, and the Garda Commissioner. I do not think it would be a matter for him to interfere with the DPP in the execution of her duties.

Senator Landy referred to licensed moneylenders charging exorbitant rates and the need for tighter controls in that regard. The Central Bank (Supervision and Enforcement) Bill has come before the House and more debate is required on it. The matter is one that should be raised in the context of the Bill.

Senator Crown referred to a number of issues. He called on the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, to investigate the make-up of the consultative forum that has been announced on private health insurance and called for the issue to be examined by the Competition Authority. He also spoke about Magdalen laundries. I will bring those matters to the attention of the Minister.

All I can say in response to Senator Cullinane is that we will have ample time to discuss the Bill to allow for a referendum on the abolition of the Seanad. We will welcome his comments at that time. He and other Sinn Féin Members, as every Member of the House, will have an opportunity to speak on the Bill.

Senator Hayden raised the code of conduct on mortgage arrears, a matter which I have addressed. I also note her comments on difficulties for persons seeking housing. We have the Housing (Amendment) Bill but I do not know whether it is appropriate to discuss it with the Minister of State with responsibility for housing. The matter might be more appropriate to the Minister for Social Protection, Deputy Burton. I will bring the matter to her attention.

Senator Daly referred to immigration reform in the United States. The Government has lobbied very strongly in that regard and I hope a positive result will emerge from such lobbying by the Government and other sources.

Senator Michael D’Arcy spoke about the new code of conduct for mortgage arrears. He said that penalties should apply to people who break the code following its introduction. I hope we will have an opportunity to discuss the code when it is published.

I will accept Senator Quinn’s amendment to the Order of Business on the publication of the Food Provenance Bill. I agree that there has been much foot-dragging on the matter of organ donations. I will try to find out the up-to-date position and report back to him.

Senators Higgins and Paul Coghlan gave their opinions on whether we should have a banking inquiry and said there is a need to expedite prosecutions. I am sure that would be the wish of all Members of the House. Senator Ó Murchú spoke about the Bill for a referendum on the abolition of the Seanad and the need for a banking inquiry.

Senator Mullins called for a criminal inquiry on the Anglo Irish Bank tapes. I understand the tapes are with the Garda for a number of years and it is a matter for it to address. I agree with the comments of the Irish Postmasters Union on prize bonds. It is not right for their purchase without identification to be restricted to €25. It should be increased to €100. I will bring the matter to the attention of the Minister for Finance, as has been requested by the Irish Postmasters Union.

Senator Mullen made points about the tapes and called for a banking inquiry and a criminal inquiry. Senator Gilroy referred to the need to restore public confidence. Senator Colm Burke mentioned a number of Bills he has on the agenda and called for an update on the two Bills he has published.

Senator Moran raised the Walsh report on symphysiotomy, a matter she has raised on a number of occasions. I understand the Minister will bring proposals to Cabinet in early course on the matter. I am sure that will be welcomed by Senator Moran and everyone in the House who has raised the issue of symphysiotomy.

I just heard on the 10 o’clock news that our friend and colleague, Senator Norris, has gone public on the fact that he has been diagnosed with cancer. I extend good wishes to our colleague on my behalf and on behalf of the House.

11:20 am

Senators:

Hear, hear.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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He said that he will be back soon with us and I have no doubt that will be the case. We will all welcome that day.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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I am sure all Members of the House would like to join the Leader in sending good wishes to Senator Norris.

Senator Cullinane has proposed an amendment to the Order of Business: “That the time allowed for debate on No. 1 today be extended to three hours.” Is the amendment being pressed?

Amendment put:

The Seanad divided: Tá, 17; Níl, 23.

Tellers: Tá, Senators David Cullinane and Trevor Ó Clochartaigh; Níl, Senators Paul Coghlan and Aideen Hayden.

Amendment declared lost.

11:30 am

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Quinn has moved an amendment to the Order of Business, "That No. 18 be taken before No. 1". The Leader has indicated that he is willing to accept the amendment. Is the amendment agreed? Agreed. Is the Order of Business, as amended, agreed to?

Question put: "That the Order of Business, as amended, be agreed to."

The Seanad divided: Tá, 24; Níl, 15.

Tellers: Tá, Senators Paul Coghlan and Aideen Hayden; Níl, Senators David Cullinane and Trevor Ó Clochartaigh..

Question declared carried.