Seanad debates

Tuesday, 17 December 2013

10:30 am

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Order of Business is No. 1, Credit Reporting Bill 2012 - Committee and Remaining Stages, to be taken at 1.15 p.m. and to conclude no later than 1.45 p.m.; No. 2, Health Insurance (Amendment) Bill 2013 - Committee Stage, to be taken at 1.45 p.m. and to conclude no later than 3.40 p.m.; No.3, Pyrite Resolution Bill 2013 - Committee and Remaining Stages, to be taken at 3.40 p.m. and to conclude no later than 4.40 p.m.; and No. 4, Water Services Bill 2013 - Report and Final Stages, to be taken at 4.40 p.m. and to conclude no later than 7.30 p.m.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Would it be possible to allow an extra half an hour for Committee Stage of the Pyrite Resolution Bill 2013? I spoke to the Minister for the Environment, Community and Local Government, Deputy Hogan, yesterday. We have tabled five amendments and Sinn Féin has also tabled amendments. The extra time would give us a chance to go through some of the amendments on which I hope we can get some agreement. If we finish before that additional half hour has expired that is fine but I think we will require it because we had a good debate on the Bill yesterday.

We have been debating the Water Services (No. 2) Bill 2013. To inform colleagues of the reality of what is being done in this House and what will be done in the Dáil tomorrow, my party colleagues under their group leader on Dublin City Council, Councillor Mary Fitzpatrick, held a meeting yesterday attended by all the groups and Independents with Irish Water and the city manager. It transpires that €2 billion worth of assets will effectively be taken from Dublin City Council which will be saddled with a pension liability of €330 million. This will apply to every local authority in the country.

As Dublin City Council is the largest of these the impact will be greatest on it. Any democratic input into the management of water will be removed from our local authorities. More worrying yesterday was that none of the Minister's officials would attend the meeting with the city manager and the councillors, of all parties and none, to try to address their concerns. I know that the Minister, Deputy Hogan, was in this House yesterday so I would not have expected him to be there. If that is the way Irish Water and the Department of the Environment, Community and Local Government will interact with local authorities it shows that we are creating probably one of the greatest quangos created in the term of this Government.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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That Bill is in the House today.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I am aware of that but I am advising my colleagues what it means in real terms to the local authorities.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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The Bill will be guillotined.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I will be raising these matters directly with the Minister, Deputy Hogan, specifically as to why his Department did not send anyone to that meeting of the largest local authority.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Are you proposing an amendment to the Order of Business?

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I am not, because I will address it with the Minister, Deputy Hogan.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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Do not encourage him.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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If the Leader would give me an extra half an hour on the Pyrite Resolution Bill, which I hope he will, I do not believe we will have an amendment to the Order of Business. However, this is a very serious issue.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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There is plenty of time for the Pyrite Resolution Bill.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Some €2 billion in assets is being taken from Dublin City Council, which leaves a major hole in its balance sheet, and there is a pension liability of €330 million. What is happening is that the current pension liabilities of staff who are transferring to Irish Water will stay with the city council. I will tell the House what is happening, in my view-----

Photo of Paddy BurkePaddy Burke (Fine Gael)
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You are running out of time.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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This is very important. I will ask the Minister, Deputy Hogan, this and I ask the Leader whether he would agree with me. The Government is selling Bord Gáis but it has committed that it will not sell Irish Water. Leaving the pension liabilities with the local authorities is making sure that Irish Water has a clean balance sheet and very low pension liabilities, so the Government is teeing it up already, before it has set it up, to privatise it. I want a commitment from Government that in no way, shape or form will it sell or privatise Irish Water. However, the way in which it is structuring the pension liabilities and future liabilities tells me that what the Government is trying to do is to set up a lean company so that, into the future, it will flog it. That is something every citizen will be extremely concerned about.

Photo of Ivana BacikIvana Bacik (Independent)
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I read the report in today's edition of The Irish Times concerning the projected liabilities of Dublin City Council, to which Senator O'Brien is referring. Certainly, I would share his concern about that. It does seem somewhat invidious that the council would be left with liabilities without relevant assets. We will have the opportunity to debate that with the Minister, Deputy Hogan, on the Water Services Bill. I understand the councillors from Dublin City Council are seeking a meeting today on that issue.

I echo the words of Senator O'Brien with regard to the excellent debate on the Pyrite Resolution Bill in the House yesterday. There was a strong welcome from both sides of the House for the Bill and I hope we will see similar levels of consensus breaking out across the floor on Committee Stage of the Bill this afternoon. I understand the bulk of the amendments are technical Government amendments.

I thank the Leader for agreeing yesterday to my request for a debate on job creation following the exit from the bailout, and I hope we will have that debate with the Ministers, Deputies Bruton and Burton, in the new year. Given we will later today see the publication of the Government's economic plan and strategy for the coming years following the bailout exit, it might also be appropriate to have the Minister, Deputy Noonan, in the House in the new year to debate that plan so we can tease out with him the detail of it. As always, there is a frenzy of legislation in the last week or two of the Christmas term - it happened under the last Government and it seems to happen under every Government. This is unfortunate because we should have more time for considered debate. I know the Leader is doing his very best to ensure we do, which why we sat so late last night. However, I know we will have time for more reasoned and considered debate in the new year, which will be the appropriate time to debate those matters which would require greater consideration like job creation, the European youth guarantee implementation plan and the Government's economic plan.

Photo of Sean BarrettSean Barrett (Independent)
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I note the McLoughlin report on health insurance recommends exactly what we have been saying on all sides of this House for the past two years, namely, the health insurers should query costs, which have not been the emphasis. While I know this comes up later today, it is interesting that Mr. McLoughlin, as reported in The Irish Times yesterday, says exactly what we have been saying here. As the Minister, Deputy Noonan, pointed out, it is a product that has gone up in price by 86% in four years so it is obvious they have not been watching the costs and they must remedy that.

I note the meetings on the future of this House with the Taoiseach take place this evening and tomorrow. We are in grave danger of ending up with a completely lopsided House, based on the newspaper reports, with six Senators elected by 700,000 people, 43 elected by a declining number of councillors and 11 elected by one person, the Taoiseach. The problem is that the Taoiseach, as the man who so recently tried to abolish this House, needs to consult widely, and I would suggest people like the distinguished former Senator and esteemed senior civil servant, Dr. Ken Whitaker. We are performing a valued role in the governance of this country and I hope that will be taken into account in the talks this evening and tomorrow.

Photo of Martin ConwayMartin Conway (Fine Gael)
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I welcome the imminent announcement of the medium-term economic plan which is taking place today. We can certainly go forward with a new sense of renewal following the exit from the bailout. However, it is always worthwhile to remember that the human cost of the recession is still impacting on and being felt by hundreds of thousands of our citizens, people who lost their jobs and those in severe negative equity who are trying to hold onto their homes, come to arrangements with banks and so on. While the plan is positive and very welcome, I would like to take time to share solidarity with those who are suffering the human cost of what we have been through. I hope the future will be brighter for them and that the benefits of what we have seen will percolate down to them sooner rather than later.

With regard to the meetings taking place on the future of the House, I raised previously the importance of ensuring that future elections to this House are more inclusive than they have been. I would like to see the new university panel, in particular, having a facility whereby people with vision impairments will be able to vote electronically. I believe this would be an ideal opportunity to create further equality and take a further step in the direction of electoral equality. I was contacted recently by a university graduate who feels disenfranchised by the fact he cannot vote without a third party being involved. With the upcoming legislation, we have an opportunity to put a mechanism in place to facilitate university graduates who are blind or visually impaired so they can vote independently.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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I ask the Leader to provide for a debate on farming, in particular the outcome of CAP reform, among other issues. Currently, some €50 million is being taken out of rural Ireland, in particular because of the "eye in the sky", whereby large tracts of farmland in severely disadvantaged areas are being taken out of the equation for disadvantaged area scheme payments and some people are losing 20% or 30% of their payments. This is a retrograde step and is most unfortunate.

Historically, farmers were advised not to overstock. Area-based payments were then brought in and farmers in remote parts of rural Ireland were advised to keep their scrub and hedgerows, to protect wildlife and the environment and to leave things as they were. They were asked to protect the frogs in the ponds and the corncrake, if there are any of them left, although I know there are a few in Cape Clear, and to protect the birds and the bees. Now, all of a sudden, the most disadvantaged farms are being hit with this new clawback.

It is a very serious issue which will take €50 million out of the economy of rural Ireland. It particularly hits the most disadvantaged areas. I am sure my good colleague, Senator Comiskey, will know that many farmers in Leitrim are also being hit. It does not affect the farmer who has 100 acres of good land for tillage or for intensive dairy farming. It is a sneaky cut.

I am not looking for the impossible, namely, that we would have a debate before Christmas. However, I ask that, as early in the new year as possible, the Minister, Deputy Coveney, would come to the House for a general debate on farming, in particular the position with regard to CAP, Pillar 1 and Pillar 2, where the area-based schemes are going into the future and why the most vulnerable farmers are being hit coming up to Christmas.

A woman who has a very small holding contacted me last week to tell me her entire holding has been disallowed because there are too many bushes, outcrops of rock and so on.

If we go down that road, two thirds of farmers in remote rural areas will be excluded.

Another area in which farmers are being hit is in respect of the farm assist scheme. It has now transpired that more than 1,000 owners of relatively small farms throughout the country, for whom the farm assist is equivalent to a social welfare benefit, have been deemed ineligible or had their payment reduced because of a change in the welfare regime. This arises because the Minister for Social Protection, Deputy Joan Burton, in last year's budget, stealthily introduced a provision whereby these small farmers, instead of being assessed on 70% of their income, would now be assessed on 100% of that income. The result is that 1,000 farmers who were in receipt of farm assist 18 months ago have lost their entitlement or had their payment severely curtailed. Farming has been badly hit as we come up to Christmas. I hope the Leader will, as soon as we return in January, facilitate a full day's debate on a range of issues relating to farming, including the Common Agricultural Policy and the various agricultural schemes. It would be a worthwhile exercise and I am sure the Minister, Deputy Simon Coveney, will learn a great deal from the expertise of colleagues in the House.

10:40 am

Photo of Aideen HaydenAideen Hayden (Labour)
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RTE will air an investigative programme tonight, the findings of which are already in the public domain, showing how users of an unregulated drug detox service provided by a voluntary organisation were engaged in fund-raising activities for up to 18 hours per day. This raises the obvious issues regarding the regulation of charities, which we have already discussed in this House and which I have asked to be addressed early in the new year. In addition, however, it raises a critical issue regarding the lack of facilities for drug users who wish to become drug-free and the failure to regulate certain facilities. In this instance, it seems that people who availed of a treatment programme did not, in fact, receive any medical treatment or counselling. Indeed, the report suggests their lives were put at risk by, for example, the failure to provide appropriate methadone support and so on.

We have had many debates in this House about the need for vigilance when it comes to the protection of vulnerable people, particularly children and older people. Acute drug users are also very vulnerable and the facilities that provide drug treatment services must be properly regulated. It is obvious to anybody who has ever worked in this area that many of those who end up in drug rehabilitation programmes are from very troubled backgrounds, including care backgrounds. Many of them end up spending time in prison during their lifetime. The drug treatment system and the way in which it is managed and regulated is not adequate to the need that exists. If a person who presented at hospital with a threat to his or her life because of a serious heart condition did not receive the treatment he or she needed, there would be a national outrage. Will the Leader arrange a debate early in the new year on the issue of adequate drug rehabilitation facilities? That debate should include a discussion on the probation and welfare service which, as I understand, has been referring people to some of these unregulated facilities.

Photo of Feargal QuinnFeargal Quinn (Independent)
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Several parents of children with narcolepsy have indicated their concern to me as a consequence of the confusion that arose last week when the Health Service Executive indicated it would no longer be providing support to those children. I understand that statement was later withdrawn, but the doubts remain. These children developed narcolepsy, also known as the sleeping sickness, after being administered the Pandemrix flu vaccine some years ago. I spoke only yesterday to a family who are very concerned by the confusing message from the HSE and the implications for their child. This is the type of issue to which the Department of Health should respond immediately in order to provide clarification.

My colleague, Senator Sean D. Barrett pointed out yesterday that the debate on the Finance (No. 2) Bill was cut short before we had an opportunity to debate a range of issues that would have been well worth debating. I am not suggesting that we would vote on the amendments we did not reach; I accept that the Bill has gone through and understand the reason for its being guillotined. However, it would be a shame not to debate some of those issues. For example, Senator Barrett tabled a recommendation on the development of electric cars, which we did not reach. These are the types of topics we should be debating in this House and I urge the Leader to facilitate that in the new year.

I welcome the great news that the Chinese Government is investing in the establishment of an international university campus of UCD in the city of Yantai, which is expected to open in two years time. This is a huge step forward but it did not happen by accident, the authorities in UCD having been engaged with their colleagues in northern China for some time. That effort has come to fruition with this announcement, which is a good example of how hard work, persistence and a smart strategy - sending people out and making contacts - can bring great benefits to both parties.

Photo of Michael ComiskeyMichael Comiskey (Fine Gael)
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I join my colleague, Senator Denis O'Donovan, in raising the issue of farm payments. I received a large number of telephone calls at the weekend from farmers who are facing a deduction in their entitlements, ranging from €500 to €1,600 or €1,700. This is happening because of the upgraded camera system which is very sensitive and picks up everything. Many of the pictures are taken during the summertime when the foliage is out on the trees and cattle and sheep can graze under them. This is leading to significant problems and it is important that we have a debate on the issue early in the new year.

I welcome the news that a proposal to upgrade the dangerous stretch of road on the N4 from Sligo to Dublin, to which we have referred so often in this House, has been submitted to An Bord Pleanála. I am sure Sligo County Council has all its plans in place and is ready to proceed to the compulsory purchase order process. It is vital that funding is put in place to have this stretch of road, on which one passes 29 or 30 roadside crosses, upgraded as soon as possible. There has been far too much loss of life there over the years.

Photo of Mary Ann O'BrienMary Ann O'Brien (Independent)
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I join Senator Aideen Hayden today and Senators Rónán Mullen and Paul Coghlan yesterday in highlighting the serious issue that has arisen in terms of the media spotlight on the charities sector. None of us should assume that the issues that were identified are unique to the Central Remedial Clinic. It seems clear that if all the charities operating in Ireland were examined closely, further cases of poor practices in management and fund-raising would likely be exposed. Some €7 billion - €5 billion of it from the Exchequer and between €1.5 billion and €2 billion from the public - is going into the charities sector, and 100,000 people are employed in it. Yet there is no watchdog or regulator.

The Minister for Justice and Equality, Deputy Alan Shatter, is working on this issue but, in the meantime, I urge the Leader to facilitate a robust debate in the new year. The media have tried their best to cast a spotlight, but simply naming the salary of a single chief executive officer is not sufficient when we consider, for instance, that one particular charity has a number of CEOs working throughout the country. Revealing the salary of one of them will not give us a true reflection of the situation. The question arises as to whether charities that receive in excess of 80% of their funding from the State - some of them being in receipt of €200 million or €300 million - should be called charities or should instead be considered non-governmental organisations coming within the remit of the HSE. Many smaller charities are suffering greatly from the revelations in the media. I join colleagues in calling for a debate on this whole area as we proceed with the regulation aspect.

Photo of Lorraine HigginsLorraine Higgins (Labour)
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Last May and June I raised two issues in this House relating to practices prevailing at the National Asset Management Agency. One of these was the need for NAMA to review its contracts of employment to prevent the valuable information gleaned by employees of the agency being utilised by them immediately after ceasing employment. In highlighting this issue I referred to a particular individual who left NAMA and immediately took up employment with a property company in the United Kingdom where he is now a partner. This situation significantly undermines NAMA's ability to recover the optimal amount for its assets and the best return for the Irish taxpayer, given that the individual in question would be privy to information on property valuations, loan amounts and the amount NAMA might accept for any individual property. The person to whom I refer tried to silence me by ringing my office and leaving a message on my answering machine in which he threatened me with legal action if I mentioned him again in the House in reference to this issue.

I wonder what he fears, in light of what emerged yesterday. I also highlighted the fact that I have damning information about this same former employee, Paul Hennigan, of NAMA-----

10:50 am

Photo of Paddy BurkePaddy Burke (Fine Gael)
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I ask Senator Higgins to refrain from naming people on the record of this House so they can be identified.

Photo of Lorraine HigginsLorraine Higgins (Labour)
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I apologise, a Chathaoirligh. There had been communication with third parties in respect of a customer's loans with NAMA and this was, and is, highly prejudicial to the NAMA customer concerned. I have since found out that this individual-----

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

Photo of Lorraine HigginsLorraine Higgins (Labour)
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I do, and I will get to it. I have now found out that this individual is working for the business to which he leaked the information in the first instance-----

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator, you cannot identify people on the record of the House.

Photo of Lorraine HigginsLorraine Higgins (Labour)
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-----but the public interest element-----

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator, you are under privilege.

Photo of Lorraine HigginsLorraine Higgins (Labour)
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-----is that I am fearful the State will be open to a legal action that could potentially amount to millions of euro. There is now an application in the High Court for an injunction in respect of one of these individuals whose information was passed on to a third party by this employee of NAMA. I am fearful about that. I raised this in the House previously and asked the Minister for Finance to investigate the situation-----

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Senator, as you well know, if that is before the courts it is sub judice.

Photo of Lorraine HigginsLorraine Higgins (Labour)
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-----but I was dismissed on the issue. It was intimated to me by the Minister that I was abusing my parliamentary privilege. Essentially, I was fobbed off, and I have great difficulty with that. This is a massive issue for Irish taxpayers, who will ultimately have to pay. They have paid enough over the last number of years as a result of austerity and corruption in this country. We must invite the Minister for Finance to the House to debate this latest scandal, so we can assess where we will go from this point.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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It was a disgrace that the Water Services Bill was guillotined yesterday and-----

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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There were 14 hours of debate.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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-----I hope it will not be guillotined on Report Stage. I also regret that many of the genuine concerns and questions put to the Minister on a wide range of issues relating to the Bill were simply not addressed. Either the Minister did not have the information or he was not prepared to give it to Senators. Many of the questions and concerns we raised were the same as those expressed yesterday by the Dublin city manager when he was briefing councillors of all parties in Dublin. Some of those questions relate to the transfer of assets and liabilities to Irish Water. According to the article in The Irish Times today on the briefing, the city manager said that €2 billion worth of assets were being transferred to Irish Water, but Dublin City Council will be left with the pension liabilities. The reason for this is that Irish Water is being fattened up for eventual privatisation. We know the assets will be used to allow Irish Water to borrow money. That is the first step to privatising it.

We still have not been given an indication as to how the charge will be calculated or how much it will cost individuals. We are being given no information on such matters, yet we are being asked to support the Bill.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Bill will be debated in the House later today.

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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My point is that I hope the issues of concern not just to Dublin City Council, but to all local authorities, and which we are bringing to the Minister's attention, will be addressed. Frankly, the Minister's response so far has been a very good impression of Manuel in "Fawlty Towers", whereby he knows nothing. We want straight answers to questions on these issues but we are not getting them. Yes, we had 14 hours of debate but they were 14 hours of going around in circles chasing our tails because the Minister is either not in a position to give us the information because he does not know it, or he does know and does not wish to tell us, because it does not suit the Government's narrative that tax cuts are coming.

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

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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In reality, the water charges will be a big imposition on households. The Government is not prepared to give us the information. It wants to blame the Commission for Energy Regulation and give it the responsibility. I hope the Bill is not guillotined on Report Stage.

Photo of John WhelanJohn Whelan (Labour)
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I support what Senator Mary Ann O'Brien said on the urgent need to expedite the establishment of the charities regulatory office. The Leader responded comprehensively on this question yesterday, but I was astonished to hear that it will take until autumn 2014 for the office to become operational. The Act to establish the office was passed in 2009. There are 8,400 registered charities and, as Senator Mary Ann O'Brien said, they have access to between €6 billion and €7 billion per annum, which is half the budget of the Department of Health. I do not believe the public will wait another year for this issue to be addressed. People have been out over the weekend in atrocious weather conditions collecting for good causes and charities that desperately need the funds, yet the regulation issue remains unaddressed. We must revisit this matter because it must be expedited.

I reiterate a request that Senator John Kelly and I put to the Leader last week. It was declined, in good faith I am sure. However, I again appeal to the Leader to arrange for a debate in the Seanad early in the new year on the new wind turbine and wind farm planning regulations.

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

Photo of John WhelanJohn Whelan (Labour)
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This is the biggest planning issue the country will face. I was pleased that the Taoiseach said, in his address to the nation, that we would never again take the road of greedy, development-led strategies. I earnestly believe the wind energy strategy being pursued in this country at present is being driven by developers. It is predicated on a false and flawed economic model, based on a 2006 premise that America was about to run out of oil and gas. The contrary is the case. America will be self-sufficient for energy purposes by 2020.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Does the Senator want fracking instead?

Photo of John WhelanJohn Whelan (Labour)
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We are pursuing a flawed policy. It is unacceptable that we will destroy the landscape, the countryside, tourism and our amenities.

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

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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Fracking destroys the countryside too.

Photo of John WhelanJohn Whelan (Labour)
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I appeal to the Leader to invite the Minister of State, Deputy Jan O'Sullivan, to the House. She has direct responsibility for this issue in the Department of the Environment, Community and Local Government, along with the Minister, Deputy Phil Hogan. It is a huge concern across the country. The Seanad should take the lead, not the back seat, on this issue.

Photo of Colm BurkeColm Burke (Fine Gael)
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With regard to the charities issue, I was out collecting at the weekend for a charity. There is support for genuine charities. The contributions from people were phenomenal. Once they were satisfied as to the identity of the charity they had no difficulty contributing. In fact, it was a very good cause.

In early September, I submitted a question in the health committee on the issue of HSE funding for various organisations, and I received a response on 17 October. What was disappointing in the response was that there was not full disclosure to the health committee, even though the question I tabled was very detailed. The question specifically asked if the HSE was aware of any additional moneys being paid to senior management. I received a generic response. It said there were irregularities, but no details were furnished. That is a case of not answering the questions from Members of this House. It was a detailed question and the HSE had six weeks to respond. It had all the information by 30 September, but it was not given to the health committee. That is disappointing and it is not the way Members of the Oireachtas should be treated by the HSE.

One of the serious issues raised in the question is the fact that €3.27 billion is paid to 2,680 organisations, and 56% of the funding goes to approximately eight of them. In other words, €1.69 billion goes to eight organisations. We can have all the charities regulators we like, but what we do not have on the boards of these organisations are nominees from the Department of Health, the HSE or any government agency. It is time to examine and debate the system of governance of these organisations. We must put in place a structure that entitles the Minister or the HSE to nominate representatives to these boards. A total of €1.69 billion is going to eight organisations, yet there is no government nominee on any of their boards. That is the issue we must debate now. I favour the establishment of a charities regulator, but this is an issue we can deal with immediately.

Photo of John KellyJohn Kelly (Labour)
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I support my colleague, Senator Whelan's, request for a debate on the review of the wind energy guidelines. The date for further submissions is 21 February, so I suggest that the debate take place in early February. This will be another bubble if it is not dealt with, as we have said repeatedly in the House. I advise people who have an interest in this subject to look at the documentary entitled "Windfall" on the Internet.

One of the striking things to emerge from that documentary - anyone with an interest in the subject will attest to this - is the view that if one likes wind, one loves pylons. I have pointed out on previous occasions that when it is selecting the routes along which pylons will be erected, EirGrid chooses areas which have been earmarked by county councils as being suitable for wind energy. I was delighted when Roscommon County Council amended its county development plan yesterday in order to stipulate that wind turbines must be located 1,500 m from people's homes. I congratulate the county councillors involved on doing that. The multiplier used in this case was the height of a turbine multiplied by ten. Economists have informed us with regard to the economics of wind energy and have highlighted the flaws that exist. Politicians are now echoing their words. There are those in this House who are willing to put their political futures on the line in respect of this issue and I am definitely one of them.

11:00 am

Photo of John CrownJohn Crown (Independent)
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I wish to table an amendment to the Order of Business that No. 18 be taken before No. 1.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Has the Senator concluded his contribution to the Order of Business?

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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I second Senator Crown's amendment.

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Is the Senator seconding Senator Crown's proposed amendment to the Order of Business?

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Yes.

In the context of the issue relating to NAMA that has raised its ugly head, there is a need to keep matters in perspective. The Garda Bureau of Fraud Investigation must be allowed to get on with its work. We know that NAMA has taken all appropriate action and has reported the matter, which relates to a former employee. If Senator Darragh O'Brien has any further information in respect of this matter, he should go to the Garda with it.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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The Garda has the information.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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As politicians, we must studiously avoid engaging in Ballymagash-style politics and chasing cheap headlines.

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

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Of course. There are bad apples everywhere as those in Fianna Fáil know. We are all subject to original sin and we are all human. There is capacity for good and bad in everyone. Let us not run away with ourselves. The matter in question is being dealt with. I accept that it is serious but it is not the House's place to deal with it. Rather, it is being dealt with by the Garda Bureau of Fraud Investigation.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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So it is not for us to ask questions.

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

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Senators should be calm because the matter is in hand. Capable people are dealing with it and NAMA has taken all appropriate action. I will not state that everyone is perfect but I am of the view that those at the top in NAMA, including the members of the board and senior officials, enjoy our trust. We should not say anything about a former employee because the matter is in hand.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I had intended to second Senator Crown's amendment but that has already been done.

Will the Leader invite the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, to come before the House earlier in the new year in order that we might ascertain from him what has happened to the mobile telephone network in this country? I have been inundated with complaints from people, particularly those who live in the Border region, to the effect that since the G8 summit was held in Enniskillen - a welcome event which placed a focus on a beautiful part of the island - the mobile telephone network in the area has not been the same and that interference continues to be experienced. The service in the area is deplorable. I would like the Minister to come to the House to explain what is the difficulty in this regard. Deputy Smith tried to raise this issue by way of parliamentary question in the Dáil but he was ruled out of order because the Minister does not have direct responsibility in the area. It had been my impression that he is the Minister with responsibility for communications. I would like him to come before the Seanad early in the new year in order that we might discover exactly what is happening with the mobile phone network.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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He will not come. He is afraid of the two lads opposite, Senators Whelan and Kelly. He will not come to the Seanad to listen to them.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Darragh O'Brien requested that additional time be allocated in respect of the Pyrite Resolution Bill. I will amend the Order of Business to allow a further 20 minutes of debate on the legislation. We will also have a further two and a half to three hours of debate on the Water Services (No. 2) Bill this evening. I note the points the Senator made on pensions. The Minister of State, Deputy O'Dowd, explained in detail that local authorities will be responsible for covering the years of service for which staff were in their employ and that Irish Water will pick up the tab for their period of employment with it. That was the explanation given at the time. I am sure the Minister of State will comment further on the matter during today's debate. The Government has given a commitment that Irish Water will not be privatised. In its negotiations with the troika, the Administration led by the Senator's party signed off on the sale of many State assets.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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The Leader should go back and read that agreement.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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This Government is committed to not selling Irish Water.

Senator Bacik requested a debate, early in the new year, on the youth guarantee and the medium-term economic plan. I am sure such a debate can be facilitated.

Senator Barrett referred to the McLoughlin report on health insurance. The House will be taking Committee Stage of the Health Insurance (Amendment) Bill 2013 later today. I note the Senator's points in respect of Seanad reform. I am sure the leader of his group, Senator Norris, will make those points at the meeting with the Taoiseach tomorrow.

Senator Conway referred electoral equality and the need to help people with visual impairments. I completely agree with him on that matter.

Senators O'Donovan and Comiskey requested a general debate on the Common Agricultural Policy, CAP, with particular reference to disadvantaged areas and the changes to payments. The Minister for Agriculture, Food and the Marine came before the House to discuss the CAP a number of weeks ago and we had a very comprehensive debate on the matter. I am sure that he would be willing to return to deal with the matter in question and also for a debate on fisheries, in respect of which a request has been made.

Senator Hayden referred to an unregulated drug detox facility and requested a debate on the need for adequate drug rehabilitation facilities early in the new year.

Senator Quinn referred to narcolepsy. I thought the matter had been clarified by the HSE but it is obvious that confusion remains. I will bring it to the attention of the Minister for Health. I note what the Senator said with regard to the points made by Senator Barrett in respect of the issues with which the House did not deal in the context of the Finance (No. 2) Bill. I am sure everyone welcomes the announcement that UCD is to open a campus in Yantai, China, another matter to which Senator Quinn referred.. It has taken years of hard work and dedication on the part of people in UCD to achieve this goal.

Senator Comiskey referred to the upgrading of the N4 Sligo to Dublin road and voiced his hope that the project can be progressed in the near future. There is no doubt that it is a very dangerous road and I hope the project will proceed in early course.

Senator Mary Ann O'Brien and others referred to the plight of charities and the need for the regulatory authority to be up and running as soon as possible. I dealt comprehensively with that matter on yesterday's Order of Business.

Senators Higgins and Coghlan referred to NAMA. Neither the Minister for Justice and Equality nor the Government is involved in carrying out criminal investigations. Such investigations are solely a matter for An Garda Síochána. Any persons who are in possession of information which might be useful to those carrying out the relevant investigation should make it available to the Garda. There are specific offences under the National Asset Management Agency Act 2009 in respect of the inappropriate disclosure of confidential information.

An investigation by An Garda Síochána into a complaint against a former employee made some time ago by the National Asset Management Agency is at an advanced stage. It would be inappropriate to comment further on an ongoing investigation. More recently, in August 2013, An Garda Síochána received a separate complaint from a firm of solicitors relating to an alleged disclosure of information by NAMA. The Garda has been awaiting receipt of further documentation from the firm in question and will fully investigate any allegation of criminal activity. I again encourage anyone who has information of relevance in this regard to make it available to An Garda Síochána.

Senator Cullinane spoke of the lack of time provided for debate on the Water Services Bill. The House has spent 14 hours debating this legislation, including for three hours on Second Stage, and on two occasions on Committee Stage. The additional two and a half hours I have provided for debating the Bill today are more than adequate.

Senators Whelan and Kelly raised new planning regulations for electricity pylons and wind turbines. I understand a public consultation process is under way. This matter will be dealt with by the Minister of State at the Department of the Environment, Communications and Local Government, Deputy Jan O'Sullivan, whom I will invite to the House in January or early February for a debate to ensure Senators have an opportunity to participate in the public consultation process.

Senator Colm Burke raised the issue of top-up payments and the lack of transparency shown by the Health Service Executive in reply to members of the Joint Committee on Health and Children. It is regrettable that full replies have not been provided to members of a committee, as it would be in the case of any Member of the House. The Senator also questioned the governance of boards that are funded by the State. All of us will share his concerns about large sums of money being allocated to organisations which do not have proper governance structures in place and in which the State does not play a role. This is not acceptable.

Senator Crown proposed an amendment to the Order of Business to have No. 18 taken before No. 1 to allow his Bill to be debated tomorrow evening. While I have no problem in accepting his amendment, I ask Senators who are moving Private Members' Bills to give more notice. Perhaps they could give a week's notice rather than one day's notice when a Bill is being introduced. I will accede to Senator Crown's request in this matter.

Senator Wilson raised the issue of mobile telephone networks. I will make inquiries of the Minister to ascertain the position in that regard and ring the Senator back.

11:10 am

Photo of Paddy BurkePaddy Burke (Fine Gael)
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The Leader has agreed to extend discussion of the Pyrite Resolution Bill by 20 minutes. Does that mean debate on No. 4 is being extended?

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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My apologies, I sat down prematurely. I propose two amendments to the Order of Business, as announced earlier, that proceedings on the Committee and Remaining Stages of the Pyrite Resolution Bill 2013 shall, if not previously concluded, be brought to a conclusion at 5 p.m. by one question which shall be put by the Chair and which shall, in relation to amendments, include only those amendments set down by the Government, and that proceedings on Report and Final Stages of the Water Services (No. 2) Bill 2013 shall, if not previously concluded, be brought to a conclusion at 7.30 p.m. by one question which shall be put by the Chair and which shall, in relation to amendments, include only those amendments set down by the Government.

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

The Leader has moved two amendments to the Order of Business, first, "That the proceedings on the Committee and Remaining Stages of the Pyrite Resolution Bill 2013 shall, if not previously concluded, be brought to a conclusion at 5 p.m. by one question which shall be put by the Chair and which shall, in relation to amendments, include only those amendments set down by the Government". Is that agreed? Agreed.

The second amendment is: "That the proceedings on Report and Final Stages of the Water Services (No. 2) Bill 2013 shall, if not previously concluded, be brought to a conclusion at 7.30 p.m. by one question which shall be put by the Chair and which shall, in relation to amendments, include only those amendments set down by the Government." Is the amendment agreed?

Photo of David CullinaneDavid Cullinane (Sinn Fein)
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It is not agreed.

Amendment put:

The Seanad divided: Tá, 22; Níl, 17.

Tellers: Tá, Senators Paul Coghlan and Aideen Hayden; Níl, Senators David Cullinane and Diarmuid Wilson.

Amendment declared carried.

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

The Seanad divided: Tá, 25; Níl, 15.

Tellers: Tá, Senators Paul Coghlan and Aideen Hayden; Níl, Senators David Cullinane and Diarmuid Wilson.

Question declared carried.