Seanad debates

Tuesday, 3 December 2013

2:30 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Order of Business is No. 1, Social Welfare and Pensions (No. 2) Bill 2013 - Report and Final Stages, to be taken on the conclusion of the Order of Business and to conclude at 5.30 p.m., if not previously concluded; and No. 2, Child and Family Agency Bill 2013 - Committee Stage, to be taken at 5.30 p.m.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I refer to the matter on the Adjournment proposed by Senator Marie Moloney. I am glad she has raised this matter as I raised this very point in the House. In the north Dublin area there has been no funding for breast prosthesis since last June. Fifty-five women in north Dublin are waiting for breast prosthesis. I hope Senator Moloney gets a decent response from the Minister for Health because he has not responded to any of my queries on the matter.

I have raised the issue of the ongoing delay in the publication of the HSE service plan. I mentioned three weeks ago that I had a very strange, unsettling feeling that one of the reasons for this delay was that the Minister for Health would publish the HSE service plan when these Houses are in recess. As every week passes, it is my belief that this is what will happen. I ask the Leader if he has a publication date for the HSE service plan which is already with the Minister. Will the service plan be debated in these Houses before the Christmas recess? I ask the Leader to ask the Government to publish Tony O'Brien's letter to the Minister, Deputy Reilly, stating that the €113 million cuts in medical cards was unsustainable and against the advice of the HSE and the Department of Health. This is a seven page letter which is apparently private but it is all over the Sunday newspapers. If that is the case, this House and the other House should have sight of that letter. I ask the Leader if the Minister of Health will publish that letter.

Is the figure for medical card "probity", as the Government is putting it but a word I use loosely, €113 million, as confirmed by the Tánaiste and the Minister for Public Expenditure and Reform, Deputy Howlin, or will it be less, as intimated by the Taoiseach? Furthermore, is the figure for savings in health next year €666 million or is it more? These questions remain unanswered regardless of how often our health spokesperson, Senator MacSharry, and I raise them in the House.

I propose an amendment to the Order of Business calling on the Minister for Health, Deputy Reilly, to attend the House for one hour to answer these questions. I will withdraw the amendment if the Leader has the answers, but I propose that the Minister attend the House for an hour's special debate on the HSE service plan and the savings figures.

If Senators are honest with themselves, none can say that the health service is not in meltdown. Senator Moloney has raised an Adjournment matter today, but we have all dealt with cases involving medical cards. I received a call from an individual yesterday who had cancer and whose medical card had been withdrawn. The health system is crumbling before our eyes and the Minister is incapable of dealing with it. As I am sure other colleagues are, I am happy to assist him in teasing out the points of the HSE service plan. If the Government publishes the plan while the Houses are in recess over the Christmas holidays, it will be seen as a stroke. The Minister is well used to strokes. That is why I do not trust him.

2:35 pm

Photo of Ivana BacikIvana Bacik (Independent)
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I welcome the good news that the Minister for Justice and Equality this afternoon signed the package of bankruptcy reforms that will put into effect the new provisions on bankruptcy contained in the Personal Insolvency Act. People will be capable of automatic discharge from bankruptcy after three years instead of 12 years. We all acknowledge that this will make a significant difference to many of those struggling with debt burdens. This morning, someone who described herself as being one of the first people most likely to avail of the new provisions stated that it was like a weight lifting from her shoulders when she heard of the new measures. I am delighted that the measures have finally been commenced.

I call on the Leader for a debate on white collar crime in light of yesterday's sentencing in the Thomas Byrne case. It was the largest fraud trial prosecuted in the history of the State and raised a number of general questions about the nature of white collar crime and its prosecution and detection. There are also questions of whistleblower protection. Happily, we now have whistleblower protection laws. The fraud and its scale only came to light as a result of brave action by a whistleblower within the firm. The Law Society is dealing with some of the questions arising from the case. I ask for a debate on this issue in the new year.

Disclosures in recent days have given rise to questions about the regulation of charities. Will the Leader arrange a debate on this matter in the new year? In the Labour Party's Private Members' time some months ago, we initiated a debate on the implementation of the 2009 charities legislation. I am delighted that the Minister has announced that the charities regulatory authority will be put in place, at least in an initial format, in the first half of next year, but I would like a debate in the early days of the new year in order to hear directly from the Minister about what he is proposing for the regulation of charities, which is clearly long overdue.

Photo of Fiach MacConghailFiach MacConghail (Independent)
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As recently as 1 May, we had an all-party agreement on charities. It was not just the Labour Party. The motion recalled that the Charities Act 2009 had been enacted with the aim of supporting and enhancing public trust and confidence. Senator Bacik mentioned an initiative taken by the Minister for Justice and Equality, Deputy Shatter, but a strange word is used in today's The Irish Times, which quotes the Minister as stating: "It is envisaged that the authority will be established in shadow form." What does this mean? The Government has responded efficiently and creatively in terms of philanthropy and giving but a concern has been raised by the not-for-profit sector and the arts and charity communities.

The Government has responded quite efficiently and creatively to philanthropy and giving, but we have a concern which stems from the not-for-profit, arts, community and charity sectors. For trust and confidence to be maintained we need a charities regulator and, to that end, we require the Charities Act to be completed. There is an element of foot dragging. The Minister conducted a public consultation which concluded on 20 March 2013, so I would like to see what emerged from that process.

According to the 2009 Irish non-profit and knowledge exchange, in Ireland the not-for-profit sector employs in excess of 100,000 people across the community, voluntary, sports and cultural sectors. There are approximately 11,700 organisations, of which 8,000 are registered charities with a turnover of €5.7 billion. This means the not-for-profit sector accounts for 3.25% of national income. We still await an update on the progress of the charities legislation. The word "shadow" concerns me greatly because I think it amounts to foot dragging. I ask the Leader for an update on when we can introduce a charities regulator, as well as implementing the Charities Act for the confidence and benefit of charities. They are seeking these measures to increase trust and transparency. In that way, those who donate money will know where it is going.

2:40 pm

Photo of David NorrisDavid Norris (Independent)
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With your permission, a Chathaoirligh, I wish to recognise the presence in the Visitors Gallery of Ms Alice Leahy of TRUST. I am not sure if I would describe it as a charity, but it is a remarkable organisation that does good works. I was honoured to have her as one of my guests today at lunch. We have been fortunate with the weather so far, but we are moving into a period which will be severely cold.

A number of years ago, the previous Minister with responsibility for the environment, Mr. John Gormley, visited TRUST's premises in Patrick Street, Dublin, and was so impressed that he asked what he could do to help. The cold weather was coming in, so he returned to the Oireachtas and gave instructions to open a cold weather shelter which was enormously successful. If we want to save lives over the Christmas period, we need to do this again. I ask the Leader, Senator Cummins, to request the Government to open a cold weather shelter.

Some homeless people can be difficult and awkward. A lady once lived across the road in a cardboard box on the steps of our offices which were located there many years ago. She did not want to go anywhere. She knew where she wanted to be and had her own routine. The former Senator Brendan Ryan and I got her a blanket, which was the only thing we could do at Christmas. I think she is dead now.

We have the capacity to open a cold weather shelter, as there are many empty buildings, including offices. A property man was on the radio stating he could help to organise such an initiative, so let us do so. All that is needed is basic equipment, including showers, mattresses, coffee and soup. If such rudimentary facilities were available, people sleeping in the open could obtain shelter and avoid freezing to death. Unfortunately, people regularly die of hypothermia in this country. Homeless people should be provided with the necessary information. In addition, members of the public could be provided with a helpline number via street placards to assist the homeless. It would be a credit to the Oireachtas if we could insist that the Government initiate such a scheme.

A lot of the problems with charities concern bureaucracy. It is a much more complicated situation than people imagine. I cannot help noticing that when anybody opens their gob to criticise the Government, there is a little toxic leak against them. I remember that happened when the Technical Group in the Dáil produced material about various eminent people getting points off their licences for drunk driving.

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

Photo of David NorrisDavid Norris (Independent)
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Yes. Can we have some ethical standards in public life? The Government should not use this technique of leaking damaging material about people every time they criticise the Government. People have a right to criticise it. I doubt if the Taoiseach would be delighted if he was put in charge of half a dozen hospitals, as one person was, and from one day to the next their salary was cut in half. I would not enjoy it, but maybe other people would.

I would like to comment further on an issue I raised last week, namely, the apostolic exhortation of Pope Francis.

2:45 pm

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

Photo of David NorrisDavid Norris (Independent)
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There is such a vision in this that I would certainly have changed my position. If anybody wants to propose consideration of the re-opening of the embassy in the Vatican I will heartily support it because I think there is so much good radiating from this man and, to be selfish, so many diplomatic contexts that would be very useful for this country. I believe it would be a very good signal of renewal.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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The Senator might join it.

Photo of David NorrisDavid Norris (Independent)
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I will not. I am in the one true church.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Could we have silence for Senator D'Arcy please?

Photo of Jim D'ArcyJim D'Arcy (Fine Gael)
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Gach trí bliana, foilsíonn an OECD torthaí a léiríonn cumas litearthachta déagóirí atá cúig bliana déag d'aois thar 65 tíortha ar fud an domhain. It collates the data and produces league tables known as PISA, which results have in recent years indicated a decline among Irish 15 years olds in Irish, mathematics and science results. However, the new table indicates we are back where we were. Some teachers said that the previous results were rogue results. Regardless, it is good to see that the performance of Irish 15 year olds in maths, reading and science is significantly above average in European terms and across 65 countries. There must be a recognition and appreciation of the great work being done in teaching and learning in our schools.

Ireland now ranks in 9th position in respect of science, which is a jump of five places and is indicative of the effect of the new syllabi at primary and post-primary levels. The 50th anniversary of the Young Scientists Exhibition founded by Dr. Tony Scott and Fr. Tom Burke is approaching. I propose that we invite Dr. Tony Scott to appear before the Seanad to address us.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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That is a matter for the Committee on Procedure and Privileges. The Senator should take it up with the leader of his group.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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I welcome to the Distinguished Visitors Gallery Fr. Padraig Devine, from Frenchpark in County Roscommon, who is a member of the SMA Fathers who are currently serving in Kenya but started out in Tanzania. Fr. Devine recently established the Shalom Centre for Conflict Resolution and Reconciliation, SCCRR, of which he is executive chairman. The purpose of the organisation is to bring about peace and harmony in that region. Members will be aware that "Shalom" means "Peace".

Photo of Paddy BurkePaddy Burke (Fine Gael)
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We need him here.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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There is no doubt that he would be a great asset.

On 31 October 2013 Fr. Devine was awarded the prestigious award by the Caring Institute International Award and was inducted into the caring hall of fame. The 2012 recipient was His Holiness the Dalai Lama and previous recipients include Colin Powell and Jimmy Carter. I am delighted to welcome him to the Seanad and commend him on his work in Kenya, Tanzania and beyond. Fr. Devine has served with the Society for African Missions for the past 25 years and recently established the Shalom Centre for Conflict Resolution and Reconciliation, which seeks to assist in the reconciliation of the tribes and elders in the border of Tanzania and Nairobi. I congratulate him on receipt of the award, which is very prestigious for an Irish man. To my mind, it is verging on the Nobel peace prize. I wish him well and continued success. I hope that we will be working with him in Ireland in the context of the establishment here of a Shalom centre. I wish him continued health and success in the work he is undertaking.

At his induction into the hall of fame, he stated it was on behalf of all the missionaries and peace lovers in Africa and that he represented them at that award. It was not just for himself, but for all those unheralded nuns, sisters, brothers and priests who work so tirelessly in Africa and beyond on behalf of this country and the Catholic Church.

2:50 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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I am sure all Members would like to be associated with Senator Leyden's remarks. I call Senator Kelly.

Photo of John KellyJohn Kelly (Labour)
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That was good timing, as I also wish to congratulate Fr. Padraig Devine, who I have known for many years. Indeed, he attended Maynooth College with my wife and she has good memories of their time there. As Senator Leyden pointed out, this is an absolutely magnificent achievement for anyone but for an ordinary Padraig Devine from the west of Ireland it is a huge achievement. I really wish to congratulate him and to let him know that everyone in County Roscommon is very proud of him in this regard. To put it all in context, this award came about 25 years ago, when it was inspired by Mother Teresa.

Second, I wish to raise another issue that has been a bugbear of mine for a number of years, namely, the cost of insurance for young learner drivers. I have made the point many times that particularly at present, families simply cannot afford to pay €1,500 or €2,000 each year just to put their 17 or 18 year olds onto their car insurance. Moreover, in most cases those children are away in college and are only at home for two days of the week. Consequently, I ask the Leader to take some advice from Members of this House and bring to the attention of the Minister for Transport, Tourism and Sport the possibility of putting in place some other scheme by insurance companies whereby insurance is made available on a two day week basis to children aged 18 or 19 who are learning how to drive. I would appreciate what can be done by the Leader in this regard.

Photo of Sean BarrettSean Barrett (Independent)
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I ask the Leader to pass on the sympathies of the House to the Lord Provost of Glasgow, Sadie Docherty, and to the First Minister of Scotland, Alex Salmond, on the tragic death of eight people in the recent Glasgow helicopter disaster. The very name of the Lord Provost, Sadie Docherty, indicates the strong connections between Ireland, including the Cathaoirleach's own county of Mayo, as well as counties Sligo and Donegal, and that city and Members feel for their loss at this time.

I also note that last Friday the Competition Authority published a report on the need for more competition in the ports of Ireland. In his response, the Minister, Deputy Varadkar, stated he hoped to have action early in this regard. He also stated that when he was in opposition, he was critical of how reports commissioned by the Government of the day were published and then left on the shelf. He went on to state he is determined to ensure this does not happen under the current Government. I ask the Leader to have the issues in the Competition Authority's report on seaports in Ireland as the subject of debate in this House.

Photo of Caít KeaneCaít Keane (Fine Gael)
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I wholeheartedly support Senator Norris in the call he has just made and it is important to have signs directing traffic here and there. What is more important then directing a homeless person? I note Alice Leahy was in the Gallery earlier and I congratulate her on the work she has done. As for Fr. Padraig Devine, I support the comments of Senators Leyden and Kelly. I noted with interest Senator Kelly's comment that he was in Maynooth with his wife. I thought to myself that the Catholic Church had women priests I did not know about.

A Senator:

The Senator stated that his wife was in Maynooth with the priest, not the other way around.

Photo of Caít KeaneCaít Keane (Fine Gael)
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Yes, but I wish to congratulate the Rev. Pat Storey, who is the first woman bishop in the Anglican Church. The doors were always open in the Anglican Church and perhaps this also will be the case and we are working on that.

Today is both international day of persons with disabilities and national grieving day. Members have debated the issues of suicide, grieving and everything associated with it in this Chamber but in the olden days, grieving and everything else was centred to a great extent on the church. Regardless of whether this was good or bad, as many people no longer go to church and that sense of community has been lost, I seek a debate on the community development and support in the community, not just organising but in order that things happen, that is, there is a daily drop-in centre in each community where people can simply drop in for a cup of coffee.

Men's Sheds is great for men and different things are organised. Community halls are there and should be used. I raise this issue on national grieving day, in particular as there were 100 suicides in the first three months of this year, so something is needed.

3:00 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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Tá sé thar a bheith tábhachtach go ndéanfadh muid plé ar an gconspóid mhór atá ann maidir leis na híocaíochtaí i gcúrsaí carthanachta. Tá an chonspóid seo ag cur an-imní ar dhaoine ar fud an phobail. Tá sé tábhachtach go dtiocfadh an teachtaireacht amach gur chóir do dhaoine fanacht ag tacú leis na carthanachtaí.

The debate around top-up payments for people working in organisations funded by charitable means is of huge concern to the public. According to some reports, people have lost confidence and it is important we play a role in restoring confidence in the charitable sector. It is important people get the message that it is important to support charities, in particular at this time of year.

We need a debate on this area but it is quite hypocritical of the Government and certain Ministers to criticise paying top-ups when they have endorsed them in the running of Government. In late 2011, the Department of Health, under the Minister, Deputy Reilly, sought and secured approval from the Department of Public Expenditure and Reform, under the Minister, Deputy Howlin, to pay a salary of up to €195,000 to an acting chief executive in a Dublin hospital who was moving to take up the running of another group of hospitals operating under the HSE. It is quite hypocritical to lambaste the chief executives of these organisations.

We need a debate on the payment of top-ups and to review those payments made under the auspices of this Government and those in the charitable sector, so that people's confidence can be restored. It something we have may have taken for granted that there was a culture of this type of nudge nudge, wink wink payment going on under previous Administrations. We were told there would be change with this Administration but plus ça change, plus c'est la même chose, as the French would say. It seems to be going on and it is not acceptable. We certainly need to get to the root of it.

Photo of Denis LandyDenis Landy (Labour)
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On 24 October 2012, Saorview went live supplying a free television service to 600,000 customers. While transmission was free, it cost people more than €100 per television set to upgrade to ensure they got the service. Lo and behold, 13 months later, the same people are being told they have to rescan and retune their televisions and that the system will not be operational after February 2014. I have been contacted by many elderly people living in rural areas who do not know how to rescan or retune a television. I have been in contact with Saorview, which is a semi-State company, on this issue and have been informed it is doing everything it can to help people.

Will the Leader ask the Minister for Communications, Energy and Natural Resources to request Saorview to set up a national briefing day for rural organisations such as community alert, neighbourhood watch, the Irish Farmers Association, residents' associations, the Irish Creamery Milk Suppliers Association, the Irish Countrywomen's Association and so on, so that these people can impart the necessary knowledge to their communities on this very vital changeover? It was supposed to happen only once in October 2012 but it is happening again. If it is not done successfully, thousands of television screens belonging to elderly people living on their own will go blank in February 2014, which unacceptable. Will the Leader involve himself in this?

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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Will the Leader raise with the Minister for Health a case which concluded in the courts today of a deceased woman, Dhara Kivlehan, from north Leitrim? The HSE consistently refused to hold an inquest into the death of that woman. Her husband, Michael, his parents and his son have been denied the right to an inquest. People may be aware that this case was a very similar to that of Savita Halappanavar. Having become very ill a number of days after giving birth, Ms Kivlehan was transferred to the Royal Victoria Hospital in Belfast where she later died.

There is an inquest in Belfast, as it happens, but it is fair to say the HSE has obstructed the process by prohibiting or refusing to allow people to travel to participate in that inquest. Even as we heard, the surviving husband, Michael Kevin Kivlehan, who is a personal friend of mine, although I have not raised the case before given the matter was before the courts, but now that it is-----

3:05 pm

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

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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Now that it is not, I echo the call of Mr. Kivlehan today. Surely that deceased woman, who did not have the benefit of the high profile case we had for Savita Halappanavar, is entitled to an inquest. I ask Senator Cummins to use the good offices of the Leader of Seanad Éireann to impress upon the Minister the need to have that inquest carried out in memory of this woman.

Finally, I ask that we would also debate the issue of co-funding in the House. While I appreciate the Minister was in the House recently, I believe he must come back in the course of the next week. We gather there will not be a fully funded Pillar 2 budget in this country under the Common Agricultural Policy because the Minister negotiated the amount of co-funding eligible back to 25%. This has huge implications for the north west, which does not have the benefit of the main body of the lobby of the IFA throughout the country, and it could cost us up to €170 million a year in the context of the disadvantaged areas payment and the agri-environment options scheme, AEOS. This is a very serious concern, and it is one I believe the leadership of the IFA is ignoring. It is being accused, in effect, by its own membership in the north west of thinking more about its Fine Gael candidacy for the European Parliament than about the representation of small farmers in the north west of the country.

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

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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Frankly, this is an issue that is of huge importance for the small farmers in the north west, who remain the engine room in terms of the production of weanlings, which is such a huge part of the beef export market.

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

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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If we do not get adequate funding, this will put in jeopardy our beef export business into the future.

Very finally-----

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

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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-----I second the amendment proposed by our leader, Senator Darragh O'Brien.

Photo of Michael MullinsMichael Mullins (Fine Gael)
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I call for a debate in the House on the non-sanctioned payments to senior managers in section 38 agencies. Much has been written in the media in recent weeks and the level of payments made to some people is outrageous. The public are rightly outraged but I am more concerned at the impact this is having on legitimate charities, 95% of which have not been making top-up payments to any of their executives. Many charities rely on the Christmas period for much of their income to keep services going for the coming year. I share the desire of Senator Mac Conghail to have the charities regulator appointed as a matter of urgency and to have the Charities Act implemented.

I could not let the opportunity go without complimenting the Taoiseach and the Minister for Agriculture, Food and the Marine on the very welcome re-opening of the beef export market to Japan. This is the first time since 2001 that this market has been open and we are one of a select number of countries that are allowed to export beef to Japan. In the short term, it is worth €12 million to €15 million, with very significant potential for expansion. As we all know, the agrifood sector is a significant driver of economic growth and employment. I am sure Senator MacSharry is scaremongering in regard to Pillar 2.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Let us have an answer. He is just raising a point.

Photo of Michael MullinsMichael Mullins (Fine Gael)
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I have no doubt the Minister, Deputy Coveney, will deliver on this in the coming weeks. I look forward to a very positive exchange with the Minister in regard to Pillar 2.

Photo of Feargal QuinnFeargal Quinn (Independent)
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I support Senator David Norris when he talks about the great work Alice Leahy is doing in TRUST, particularly her effort to get the cold weather hostel off the ground. If there is anything the Leader can do to draw attention to this, it is an issue worthy of support, particularly at this time. Senator Norris has spoken about it very well.

I would like to draw attention to what is happening in Denmark with regard to payments. Denmark has legislated for digital post boxes and from November of next year no more cheques will be written by the State and all communications by the State will be made by digital and electronic means.

The reason I mention this is that it will yield a saving of €270 million per annum. If that is happening in Denmark, we can do the same. However, I have discovered that we are planning to do it here. It was announced in the national payments plan that it would start from 19 September next. We will move even faster than the Danes. It will apply to business. From next September the Government will not pay or communicate with businesses except by electronic means. The savings are huge, but the businesses must prepare for it. It means one will never again hear the Government say, "The cheque is in the post", because there will not be any cheques after that date. It is interesting that Irish people are among the biggest users of cheques, which are now regarded as a very outdated and expensive method of payment.

I raise this matter now because we must do something about it, not wait until the last minute. We have not done a very good job of proclaiming our intent to do this. At present, businesses wait 74 days to be paid. If there are electronic payments, that figure will be reduced to 44 days, and Members will be aware that the Government has plans to ensure that everything should be paid within 15 days. This issue is worthy of debate and attention. We must ensure that businesses are prepared for it, but the vast majority of businesses are not aware of it. It is a matter on which I support the Government. The Government should be supported, but we must add our voice to help it along that course.

3:15 pm

Photo of Colm BurkeColm Burke (Fine Gael)
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I join my colleagues in raising the issue of the number of agencies that are getting funding from the HSE. For the information of the House, 2,680 organisations are in receipt of funding totalling €3.27 billion per annum. It is 25% of the health budget so it is important that we have a debate on it. I welcome the decision by Jonathan Irwin to disclose the pay of senior staff. Every other organisation should do likewise, so there is full transparency.

My colleague, Senator Mullins, referred to section 38 organisations. The big problem is not section 38 organisations but section 39 organisations. They are not subject to the same level of scrutiny as section 38 organisations as they are not fully funded by the HSE. I received a reply on this matter from the Department when I raised it on the Adjournment last week. It is only in the last four weeks, since I started to raise this issue in the health committee, that the Department has decided to write to the section 39 organisations to ask them to comply with the HSE guidelines on salaries. It is a little late to be doing that now as it should have been done far earlier, but I welcome the decision to write to section 39 organisations on this issue. There is a need for a full debate on this so people can be aware of the level of funding paid to all of these organisations from the health budget. I would welcome the Minister coming to the House for a full, detailed debate on both section 38 and section 39 organisations.

Finally, I join my colleague, Senator Leyden, in congratulating Fr. Padraig Devine. A member of my family has been working for many years in Nairobi in Kenya and, having visited that country, I am very much aware of the difficult work involved and of the contribution the religious orders are making in such countries. I welcome him and congratulate him on the award he received.

Photo of Paul BradfordPaul Bradford (Fine Gael)
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I support Senator Norris's remarks on the need for a cold weather shelter. I am sure every Member would support his request and I hope the Leader will try to pursue it. That the matter is before us for debate must cause us to reflect on the fact that while there is a positive and welcome degree of economic progress, there is still, to put it mildly, a subset of society that is living on almost unacceptable levels of reduced means. We must never forget those people.

My question relates to the local government Bill. It passed Second Stage in the Dáil and Committee Stage is under way at present in the select committee. Has the Leader received any indication as to when the Bill will be brought before the Seanad? I accept that there is a degree of urgency due to the local elections being held next May but given the unique relationship between Members of this House and the members of local authorities, both town and county councils, we will have to reflect at substantial length on the Bill.

If we have to resume a little earlier in January or whatever, we need to give the debate time. I hope that the legislation will not be rushed through and finalised before Christmas and that the Leader will give a positive indication in this respect.

I concur with the comments of Senators Mullen and Burke on the question of the top-up allowances and the arrangements under sections 38 and 39. A request has been made for the Minister for Health to appear before us but we must be realistic that this will not happen today. Hopefully, he will attend the House before Christmas to debate this issue. It was disturbing to listen to yesterday's interview with Mr. Peelo because he presented his version of events in a clear fashion. The HSE has disputed his intervention but somebody is presenting a false picture. Either these meetings took place and sanction was given or they did not and sanction was not given. Mr. Peelo's interview and the HSE and departmental response to it do not connect. Somebody is not telling the truth and we need to know the facts as soon as possible. The issue of top-up allowances must be tackled because the taxpayer needs clarity and value for money. While there are questions about this and a lack of transparency, there will be a vacuum, which needs to be filled.

3:25 pm

Photo of Martin ConwayMartin Conway (Fine Gael)
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Today is UN International Day of Persons with Disabilities and it is always good to have a day on which people can reflect on what has been achieved to date and what has yet to be achieved. Today's theme is breaking down barriers and opening doors. It is interesting that Ireland has not ratified the UN Convention on the Rights of Persons with Disabilities. Both parties have committed to this in the programme for Government. Will the Leader establish when it is expected we will ratify the UN convention, as this is a fundamental right of people with disabilities? I would have liked this to have happened during our Presidency of the EU. That was a golden opportunity to achieve this but, unfortunately, it did not happen. There may be a good reason for the delay and I would like a date for the ratification.

I was delighted to be at Farmleigh House earlier for the official launch of an inspiring programme to encourage young people to become involved in sport. The project is financially supported by the Department of Justice and Equality and it is being run by the Cara APA Centre, which is associated with Tralee Institute of Technology. The Minister of State with responsibility for disabilities issues, Deputy Kathleen Lynch, launched the programme and I am delighted that Joanne Cantwell, a sports journalist, is lending her support by becoming a patron of this important and prestigious programme. It is good to have a day like this to highlight the issues affecting people with disabilities and to give us all an opportunity to reflect on how we can do better to strive to ensure an equal opportunity for every citizen in our society.

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael)
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Senator Quinn said we are faster than the Danes when it comes to digital payments. However, PISA results published earlier which compare 15 year olds across Europe show we are not yet faster than the Finns. I attended the launch of the report earlier. It is good that we have steadied the ship but there is worrying news. One in every five of our 15 year olds is underperforming in maths and is below the cut-off point for having the ability to do maths for future living. This is serious because this means it would be beyond them to work out what a 20% discount means when buying a product in a shop. Will the Leader invite the Minister for Education and Skills to the House for a debate on this issue? Earlier intervention is needed in primary school. It is too late for many of our children to wait until second level to participate in Project Maths because they have been turned off maths at that stage.

I would like to raise a second issue that relates to education. I welcome today's announcement by the Minister, Deputy Quinn, that an additional 400 special needs assistants will be recruited at a cost of €12 million. While this is good to see, an opportunity to make a policy change in this area has been missed. I suggest that we introduce the new role of teaching assistant. SNAs care for and look after the welfare of children with special educational needs. Having discussed this issue with parents, children and teachers, it strikes me that the learning of these children, as well as their care, needs to be supported. I would like a debate on this matter. I suggest that a role of this kind, in addition to the role of the SNA, should be introduced at primary and secondary levels. I have asked the Leader to raise two issues with the Minister for Education and Skills.

3:30 pm

Photo of Michael D'ArcyMichael D'Arcy (Fine Gael)
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I would like to raise the inaction of the HSE with the Leader of the House. This matter has come to the fore in recent weeks. Large amounts of money have been awarded against the HSE following high profile court cases. I would like to echo the Judiciary's criticism of the manner in which the HSE inflicts further pain, distress and anguish on families by not accepting liability until the very last moment. It is absolutely disgraceful that a large institution is able to have such an impact on an individual. I would like the Leader to take this request for a debate very seriously. Perhaps an interdepartmental debate is needed because in addition to the Department of Health, the Departments of Justice and Equality and Finance and the State Claims Agency might have a role in this regard. Such a debate should take place sooner rather than later. We seem to have learned nothing about what happens when the State neglects small groups of people, for example, in the cases of the former residents of the Magdalen laundries and those who are affected by narcolepsy. The manner in which the HSE holds the line and thereby inflicts further distress on individuals and families is not acceptable. I would like us to address it in this Chamber.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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I welcome the good news that the Japanese market is being reopened to Irish beef. This trade is worth a great deal of money.

The report of the Smithwick tribunal was delivered to the acting Clerk of the Dáil on Friday. Some preliminary checks have had to be made with the Director of Public Prosecutions to ensure there is no interference with anything that is before the courts. Perhaps the Leader will make a brief statement to the House on when he believes the report will be laid before us. Is it imminent or is it likely that there will be a delay?

Photo of Mary MoranMary Moran (Labour)
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I would like to acknowledge that today marks the international day of persons with disabilities. The these of this year's worldwide event is "break barriers and open doors for an inclusive society for all". The UN estimates that over 1 billion people around the world - approximately 15% of the world's population - live with some form of disability. The international day of persons with disabilities has been in existence since 1992. It gives us an opportunity to highlight the importance of developing and working together to create an inclusive society for all people. I would like to pay tribute to the members of Inclusion Ireland's sub-committee on advocacy, which held an excellent briefly in Buswells Hotel earlier this afternoon. They spoke about advocacy rights and the rights of people with disabilities. They outlined what we can do to help improve the situation. I agree with the programme for Government that the UN Convention on the Rights of Persons with Disabilities needs to be ratified. I call on the Leader to try to find out when that will happen. There have been many moves recently to improve the lives of people with disabilities. It is important to ensure people become self-advocates.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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The respite care grant cut was very helpful in that context.

(Interruptions).

3:35 pm

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

Photo of Mary MoranMary Moran (Labour)
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I wish to bring to the attention of the House a study done by such a self-advocate, a wheelchair user in my own home town of Dundalk. He compiled a comprehensive report on accessibility in the town. It showed how we can work with the local authority to improve accessibility in the town. More such reports from self-advocates would be useful.

I commend the Minister for Education and Skills for announcing today the provision of 400 extra SNAs. He is honouring the commitment he made earlier in the year to increase the number of SNAs. I refer to the PISA report which shows Ireland has regained the ground lost in 2009 and that our 15 year olds are now among the best in reading and above average in mathematics and science in OECD countries.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Darragh O'Brien asked about the health service plan. The Minister for Health, Deputy Reilly, received the draft service plan from the HSE on Monday, 25 November. The Minister has 21 days in which to review the plan and to either approve it or to issue a direction to amend the plan. The Minister is reviewing the service plan which he can approve or seek to be amended by 16 December. In reply to Senator O'Brien, I am afraid we will not be in a position to discuss the service plan in the House, based on that time schedule.

Senator Bacik welcomed the measures for bankruptcy reform and she called for an urgent debate on white collar crime. She asked that the authority for the regulation of charities be established as soon as possible. This matter has been raised by a number of Senators today. The Minister is committed to the establishment of a charities regulatory authority under the terms of the 2009 Act. Subject to the necessary preparatory work being completed, it is intended that the authority will be formally established in mid-2014. In advancing this process, the Minister for Justice and Equality, Deputy Shatter, intends in the near future to invite expressions of interest from suitably qualified and experienced persons who wish to be considered for membership of this authority. It is moving on but it is taking longer than the Minister initially anticipated but it will be in place next year. Senator Mac Conghail also raised the issue of the need for the maintenance of trust and confidence in the charities and not-for-profit sector.

Senator Norris and other Senators have spoken about the need for a cold weather shelter. I will bring the matter to the attention of the Minister of State, Deputy Jan O'Sullivan. I hope the Minister of State will come to the House to debate the issue of homelessness.

Senators D'Arcy, Healy Eames and Moran and others, asked for a debate on the PISA report which covers 65 nations. The Irish situation has improved significantly since the previous report. I will bring the matter about Dr. Scott which was raised by Senator D'Arcy to the attention of the Committee on Procedure and Privileges.

Senators Leyden, Keane and others, as well as all Members, wish to congratulate Father Pádraig from the SMA missions on his award. Senator Kelly raised the matter of insurance for young drivers. I am sure the Minister would welcome any advice and suggestions on that matter.

Senator Barrett extended sympathies to the Scottish First Minister on the dreadful helicopter accident in Glasgow at the weekend.

I am sure that we would all like to extend our sympathies to the families bereaved by that dreadful accident.

I will arrange a debate with the Minister regarding the report on sea ports. It needs to be debated and I am sure that the Minister would be willing to attend.

Senator Keane congratulated the Rev. Pat Storey, the first woman bishop in the Anglican church, and highlighted the need for more drop-in centres. We can address that matter with the Minister of State, Deputy Jan O'Sullivan, when she attends the House.

Senators Ó Clochartaigh, Mullins and Burke referred to top-up payments in sections 38 and 39 agencies. A considerable number of the section 38 agencies have been found to be in breach of Government policy. The Minister met the director general of the HSE yesterday to receive an update on unsanctioned payments to management in organisations receiving funding under section 38 of the Health Act 2004. The Minister has requested urgent action to ensure that every agency is fully compliant with Government pay policy. A team of senior HSE managers is following up with individual agencies. The HSE will take whatever action is necessary to deliver full compliance and ensure that any governance deficits identified are comprehensively and immediately rectified. Meetings have been arranged with every agency concerned. Arising from this process, those found not to be compliant will be called in by the director general to meet him before Christmas. Such meetings will commence next week.

Senator Landy discussed Saorview and called for a briefing for communities that will be affected. I will bring the matter to the attention of the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte. I am sure that the Senator will do likewise.

Senator MacSharry referred to the need for an inquest in respect of a deceased lady. I suggest that this matter would be best dealt with through an Adjournment matter but I will bring it to the attention of-----

3:40 pm

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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With respect, Savita Halappanavar did not need too many Adjournments.

Senators:

Hear, hear.

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

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Many members of the Fine Gael Parliamentary Party have consistently raised the issue of co-funding under Pillar 2 with the Minister. He is working hard to address it. The situation may not be as bad as Senator MacSharry has painted. Perhaps we might even have good news.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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We will all debate it together.

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

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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I am sure that the Senator will welcome it if it happens.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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Indeed I will.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senators Mullins and Paul Coghlan and others welcomed the re-opening of the beef market in Japan. It will prove to have great potential for our country, including the farmers mentioned by Senator MacSharry. We are hopeful that markets to China will be re-opened in early course. That would be of benefit to our food sector.

Senator Quinn referred to digital post boxes and the payments by electronic means to businesses in Denmark. We intend to roll out the same. The situation should improve. The amount of time that it takes Government agencies to pay suppliers is a significant improvement on what it was even six months ago. The majority of payments are made within 15 days.

Senator Burke called for full transparency in respect of section 38 organisations and the CEOs of charities, some of whom are paid more than €200,000. There should be transparency.

Senator Bradford referred to the local government Bill and I understand that we will be taking Second Stage of that legislation on 13 December. That is the date set down at the moment, unless it is further delayed in the other House. We will allow ample time for that debate. The Minister hopes to have the Bill finished by Christmas but I am in the hands of the House as to how we should deal with that matter. At this point, Second Stage is tentatively set for 13 December.

Senators Conway and Moran referred to the UN International Day of People with Disabilities and inquired when Ireland will ratify the relevant UN convention. I will seek an answer on that matter and revert to the Senators in due course.

Senator Healy Eames referred to the need for early intervention in Project Maths. She also welcomed the Cabinet approval today for the recruitment of 390 extra special needs assistants. I will try to arrange for a debate with the Minister for Education and Skills, Deputy Quinn, on the issues that were raised by a number of Senators.

Senator Paul Coghlan referred to the report of the Smithwick tribunal, publication of which, I understand, is imminent. When we have the report, I am sure we will have a debate on it.

Senator Jim D'Arcy mentioned the HSE not accepting liability in a number of cases where it was clearly culpable and I share his concerns in that regard. Hardship has been caused for so many families, some of whom we heard about only last week. They have suffered great hardship through the actions of the HSE. We all hope the executive would own up and accept liability far earlier than has been the case in the instances cited by Senator D'Arcy.

3:45 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator Darragh O'Brien has proposed an amendment to the Order of Business: "That an hour's debate with the Minister for Health on the HSE service plan and the figure for savings be taken today." Is the amendment being pressed?

Amendment put:

The Seanad divided: Tá, 20; Níl, 30.

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

Amendment declared lost.

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

Amendment put:

The Seanad divided: Tá, 30; Níl, 20.

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

Amendment declared carried.