Seanad debates

Tuesday, 10 March 2015

2:30 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Order of Business is No. a(1), from the Supplementary Order Paper, motion regarding the arrangements for the sitting of the House on Wednesday, 11 March, to be taken on the conclusion of the Order of Business without debate; No. 1, statements on ambulance services in Dublin, to be taken at 4.45 p.m. and to conclude not later than 5.15 p.m., with contributions from group spokespersons not to exceed four minutes and the Minister to be called on to reply not later than 5.12 p.m.; No. 2, statements on the report of BIPA Committee A, cross-Border police co-operation and illicit trade, to be taken at 5.15 p.m. and to conclude not later than 6.15 p.m., with contributions of all Senators not to exceed six minutes and the Minister to be called on to reply not later than 6.10 p.m.; and No. 3, statements on the Global Irish, Ireland's diaspora policy, to be taken at 6.15 p.m. and to adjourn not later than 7.30 p.m., with contributions from all Senators not to exceed six minutes.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I thank the Leader and his office for arranging for statements on ambulance services in Dublin for today. It is useful that the Minister, Deputy Varadkar, will come in and set out his and the Government's position and deal with our questions. I welcome the fact there have been some discussions with union representatives from the Dublin Fire Brigade, DFB, ambulance services. I thank the Leader for arranging for this useful debate through which we can tease out the issues. This is what the Seanad should be and is doing today.

I call on the Leader to arrange for the Minister for Transport, Deputy Paschal Donohoe, to come to the House the week following the recess for a further debate on the airport staff pension issue. The reason I call for this debate is that late last night the expert panel produced a further report which proposes that some additional funds be given to those long service deferred members who were in the daa. While the amount proposed is small, I welcome the proposal as it shows some movement. However, I would look for Aer Lingus to do likewise. The report is quite detailed and while we are not under massive time pressure to deal with it, I suggest the week after the recess would be an appropriate time to deal with it. The Minister has been good at coming to the House to address the issue and despite the fact I have not agreed with much of what he said, I give him credit for attending here. A debate here would be useful and would encourage the Government to use its influence with Aer Lingus to ensure additional payments are made for the long service deferred members of Aer Lingus. The daa members are only a small section and I am happy for them. I met a group of daa workers yesterday on this issue.

I and my colleagues are disappointed and shocked that the Fennelly report into the resignation or retirement of the Garda Commissioner and other matters relating to An Garda Síochána is indefinitely delayed. I firmly believe the Taoiseach is using this report as cover so that he does not have to answer the questions put to him regarding what he said to the former Secretary General of the Department when he sent him out to the former Garda Commissioner to seek his resignation, or otherwise. It seemed curious at the time, something I debated with the Taoiseach in this House, that the Government felt it was appropriate that the whole area of the Taoiseach's interaction with the former Garda Commissioner - something not allowed under the Constitution - was included in the Fennelly report.

I suggested to the Taoiseach that day that we could remove a whole tranche or a third of the material to be covered by the Fennelly commission if the Taoiseach told us that day in the House what transpired, because he is the only one who knows that. Now we learn that the Fennelly report is indefinitely delayed. Therefore, while the Taoiseach has answered questions put by Mr. Justice Fennelly, we do not know what his answers were.We do not know whether the Taoiseach inappropriately contacted the Garda Commissioner and sought his resignation, which he is not entitled to do. None of this we know. The matter is being kicked down the road, which is extremely worrying. It is because of this, I am tabling an amendment to the Order of Business that the Taoiseach come to the House to answer questions or make a statement on what happened on the evening in question and on what he asked the former Secretary General of the Department of Justice and Equality to say to the former Garda Commissioner. He could clear this up today. If we must wait for the rest of the information, that will be fine, but there is no reason we must wait for the Taoiseach’s response.

Photo of Ivana BacikIvana Bacik (Independent)
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I congratulate all those involved in the launch of the Yes Equality civil society campaign in Dublin yesterday. It was a very successful campaign and a large number of people turned out from various organisations and NGOs, all of whom combined under the Yes Equality banner. It is ten and half weeks until the referendum on 22 May. The launch was a very positive sign of a very strong and, I hope, successful “Yes” campaign. However, it is important, as the organisers stressed, that the campaign not be dominated by political parties, although it is very welcome that they support it. While all political parties are supporting the referendum, it was important to see civil society groups represented so strongly yesterday. It is vital that they be to the forefront of the “Yes” campaign for equality.

I ask for a debate on the question of mortgage arrears. The debate might best take place in this House once the review of the Insolvency Service of Ireland has been completed. I understand it is near completion and that the Government will be announcing new measures in April, with a focus on ensuring the safeguarding of the family home. Everyone here is very concerned about newspaper reports about increasing numbers of repossession proceedings being launched, albeit that the number of repossession orders granted has happily been small. The overall number of people whose mortgage accounts are in arrears is declining but, that said, there is no doubt that the take-up of the insolvency service has been disappointing. It is important that Government policy now focus on those individuals whose mortgages are in arrears for more than two years. We must also focus on the retention of the family home.

Photo of Feargal QuinnFeargal Quinn (Independent)
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The terrible news we heard this morning about an elderly couple in their 80s in Churchtown suspected to have died from carbon monoxide poisoning is a real reminder to us of the job we have here. In April 2014, I introduced a Bill to ensure all buildings would have protection against carbon monoxide. The then Minister, Deputy Phil Hogan, stated he would take steps in that direction in regard to new homes or homes that had been revamped. On that basis, I withdrew my Bill. The proposed measure was to be introduced on 1 September, and I hope it was. The tragedy is a real reminder to us of our responsibility and it is not the first. The mother and sister of a well-known singer, Honor Heffernan, were both found dead from carbon monoxide a few years ago.It was a reminder to us of what can happen and how we need to draw attention to the danger that this can occur. Carbon monoxide detectors are on sale in supermarkets for only a few euro so it is possible to have these solved. I would like to think that something could be done. It is not necessarily our job to pass laws. The Minister has made sure that there will be carbon monoxide protectors in all new homes but we have to make sure that we protect people in others as well.

I only learned on coming in here today that our newest colleague in the Seanad, Senator Gerard Craughwell, became a father - I'm sorry, grandfather - over the weekend and I want to congratulate him on his granddaughter who is now likely to become engaged to one of my grandsons. She does not know it yet but I gather she would be a very worthy catch, and we will make sure he knows it as well.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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The Senator had Senator Craughwell very worried and embarrassed for a moment.

Photo of Hildegarde NaughtonHildegarde Naughton (Fine Gael)
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I raise the issue of court proceedings against those who are in difficulty with their mortgages. Some 400 such cases are listed before the registrar in Galway and I fully agree with the Taoiseach when he said that issuing proceedings is not the way to engage with people in financial distress. Even if there are some who have difficulty facing up to their problems and engaging with lenders, having court proceedings hanging over them indefinitely may well have the effect of making them retreat more or causing even further distress. I agree with colleagues that what is needed is a review of the insolvency legislation as suggested by the Minister, Deputy Noonan, at the weekend. While the legislation was an advance, the banks are obviously not playing ball. Whatever about sub-prime lenders, the pillar banks were propped up to the tune of billions of euro by the taxpayer and while nobody is suggesting that people can go on living in a home without paying a penny of what is owed, there has to be a middle ground where people can retain their family home, if only for their lifetime, and make a contribution towards their debts. The banks are making money again and it is time that they repaid their debts to society for the help they received.

Photo of Gerard CraughwellGerard Craughwell (Independent)
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I support my former colleagues in St. Angela's College in Sligo, who are on strike today. I believe this strike has been brought about as a result of a failure to engage in discussion with respect to the takeover of St. Angela's College by NUIG.

The issue I rise to speak on is one I had hoped I had put behind me many years ago and one I hoped I would never again have to face but late last night, on my way back to Dublin, I got a telephone call which was probably one of the most disturbing calls I have had in a long time. It related to the suicide of a person. The "where" is irrelevant, but it is largely believed that this person took their life because of bullying in the workplace. We hear so much about bullying in schools and we forget that bullying in the workplace is now at epidemic levels in the country. Paragraph 5 of the Industrial Relations Act 1990 describes bullying. There is a huge difference between robust management and bullying in the workplace. We hear of people taking their own lives. I have looked into the eyes of the cowardly bully who usually takes on the strongest people among the staff with a view to breaking them down because if they are broken down, the staff are broken down.

There is within the criminal justice system the legislation entitled Non-Fatal Offences Against the Person Act 1997. I believe that where bullying in the workplace takes place, we are not talking about children. We are talking about adults who set out deliberately to destroy an individual. I am calling for a debate here with the Minister for Justice and Equality, at the Leader's earliest convenience, to allow us to discuss bullying and how it is destroying workplaces. We have statistics that indicate that in the United Kingdom up to 50% of employees are victims of bullying in the workplace. I am not saying that this is a top-down problem. Bullying in the workplace can be peer to peer or bottom up or top down. It does not matter, but it is the most serious issue.I do not believe that the Houses of the Oireachtas have dealt with this issue before, when we talk about adults. I ask the Leader to arrange, as a matter of urgency and immediately after the break, for the Minister to attend to discuss this issue, particularly with reference to Non-Fatal Offences Against the Persons Act 1997 matter.

Photo of Aideen HaydenAideen Hayden (Labour)
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I support calls by Senators Bacik and Naughton, and I called for the same last week, for a debate on the whole issue of mortgage arrears. It is no secret that there are between 7,000 and 8,000 applications before the courts and that an estimated 25,000 actions for repossession are expected to take place this year.

I would like to broaden the debate beyond simply a review of the Insolvency Service of Ireland and the legislation grounding it. We need to go back to basics and have a further debate on the whole issue of the code of conduct for mortgage arrears and the mortgage arrears resolution process because the way it is drafted puts the borrower at a disadvantage. Until we go right back to the beginning of this process we are never going to have anything approaching a level playing field.

We have a scenario where even access to the insolvency process depends on the borrower having engaged with the banks. My difficulty is with who determines whether somebody has engaged or not because it is the banks. Who decides whether what has been offered is a sustainable option? It is the lending institution.

I ask for a debate to be arranged, as a matter of urgency. I also ask that we extend it in order to talk about what happens from the beginning of the process and not just debate what happens at the end.

Photo of Jillian van TurnhoutJillian van Turnhout (Independent)
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I congratulate the ISPCC on its launch of the ISPCC shield yesterday. It has dedicated a month to an anti-bullying campaign and has produced an excellent toolkit for schools. The initiative has been launched on foot of the fact that 8,000 children rang Childline in 2014 because of their experience of bullying. The issue is not just prevalent in the workplace and is still very much prevalent in schools. We should embrace the ISPCC's approach which makes tackling bullying the responsibility of all of us rather than saying it is the responsibility of schools, parents, etc. All of us must tackle bullying and we all need to see how we can work with the organisation.

I support Senator Bacik's call to repeal reasonable chastisement. In Ireland, at the moment, we allow for reasonable chastisement not just by parents of children but for people who mind up to three children. On the floor of this House I have advised the Minister for Children and Youth Affairs, Deputy Reilly, that I had an amendment on the matter. I sent it to him a few months ago and I believe he has sent it to the Office of the Attorney General for examination. My proposal is simple to implement. I ask Senators to think about this matter. Sometimes we evoke childhood memories and declare such chastisement did us no harm. Would Senators allow us to have a debate asking if it was okay to hit a fellow Senator? I suggest we would not have such a debate and yet we say it is okay to hit somebody who is smaller than us and who has no power. We say that is okay but I think it is very much not okay and Ireland needs to step into line. It would be regrettable if we waited until the end of May for the Council of Europe to bring forward a ruling on same. Let us do the right thing because it is the right thing to do.

I wish to mention that the Public Health (Alcohol) Bill shall be debated by the Oireachtas Joint Committee on Health and Children. This week we will commence a month of hearings on the legislation. The hearings will make a difference to the cultural attitude to alcohol in this country.

The committee will talk about the availability and pricing of alcohol. On that note, I feel strongly that the drinks industry has a role to play. It makes profits for its shareholders so should play no role in public health initiatives. I am alarmed to hear that the Drink Aware organisation is talking about rolling out a programme to schools. It should not be allowed over the threshold of any school in whatever costume it puts on. We have the HSE and other people that can provide advice to schools, plus we have the Stop Out-of-Control Drinking campaign. The drinks industry has no role to play in public health. I ask my colleagues not to facilitate a role for the drinks industry to play in public health campaigns and suggest we need to take responsibility.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I second Senator Darragh O'Brien's amendment to the Order of Business.

I welcome the swift reaction by the Government to the decision of the Court of Appeal today that certain sections of the Misuse of Drugs Act 1977 are illegal. I also note that this decision does not affect the supply, sale or possession of so-called hard drugs such as cocaine, heroin or cannabis. However, it affects the sale of certain psychoactive drugs which were sold in the so-called head shops located throughout the country.As a result of a huge effort by Members on both sides of the last Seanad, these drugs were included in the legislation. It is very welcome that the Government has acted swiftly. The Dáil is to sit late tonight and we will deal with the legislation tomorrow. It is important that we do not return to a situation where every small town and village in the country not only will have to deal with the so-called threat of the hard drug pushers but also retail outlets supplying very dangerous psychoactive drugs to young people. I again commend the Government for its swift reaction to the decision today by the Court of Appeal.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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I am very surprised by Senator Darragh O'Brien's call for the Taoiseach to come to the House today to discuss this matter which is the subject of an inquiry. He knows that the Taoiseach cannot speak outside the inquiry.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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With respect, if the Senator were to call on anybody to talk about this matter, I suggest it would be the good judge, but we cannot do this as we do not have the power.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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The Taoiseach should come here and answer.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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This arose from a letter the judge wrote, solely at his own discretion, to the Taoiseach as the sponsoring Minister saying that because of the Bailey case, its length and other matters concerning the Garda that were ongoing within the case, he needed more time.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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A big cover-up.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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We cannot know what is in the judge's mind. It is outrageous to suggest there is some contact between the Taoiseach and the good judge. That is impossible to countenance as we all know that we cannot interfere. Out of respect for the Leader of the Opposition, if it were somebody else, I would say this amounted to play acting and was totally out of order.

Photo of Sean BarrettSean Barrett (Independent)
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I welcome the statement of Mr. David Begg that he does not support the sale of Aer Lingus. I invite other current or recent directors of Aer Lingus to follow his good example. I served with him on the National Economic and Social Council and he always puts the national interest first. I have asked the Competition and Consumer Protection Commission to examine the anti-competitive aspect of two airlines which should be competing merging and two airports which should be competing being put under the thumb of one airline.

I welcome the statement yesterday that the Phoenix Park tunnel would be reopened to train traffic early next year. That proposition was put by the House to the then Minister, Deputy Leo Varadkar, who went on a train to sample the route. He did not receive much support at the time from the railway company, but he obviously managed to persuade it. It is appropriate that it leads to the constituency of the current Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe. It links the railway system, whereby next year one will be able to travel from Newbridge to Drogheda, Greystones and Rosslare. It is rather strange that the system was split for 50 years and that we are finally joining it together at a low cost of approximately €10 million. It is a very good project using existing infrastructure.

I wish the Deputies on the Government benches a happy fourth birthday and many happy returns.

Photo of John KellyJohn Kelly (Labour)
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Last week Senator John Whelan referred to the plight of prison officers and the difficulties they were experiencing with the Irish Prison Service. The Irish Prison Service is proposing to rationalise and make working conditions more unsafe for prison officers. A planned ballot is to be held tomorrow. Since Senator John Whelan raised the issue last week, three more prison officers were assaulted last weekend. There would be no need for a ballot if Irish Prison Service representatives agreed to meet the Prison Officers Association to engage and resolve the issues involved. Will the Leader find out from the Minister for Justice and Equality what her plans are should prison officers vote tomorrow to go on strike?

Photo of Michael MullinsMichael Mullins (Fine Gael)
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I support Senator Gerard P. Craughwell's call for a debate on bullying in the workforce.We are all hearing of more and more instances of serious bullying in the workplace with people's health being severely impacted. We must see if the legislation in this area is robust enough. A debate in the House would be appropriate.

I thank Senator Barrett for his birthday wishes. It is only right and proper to reflect on this day on the very significant progress which has been made by the Government since coming into office four years ago. The bailout has been ended and 90,000 jobs have been created. We are on track to reduce the budget deficit to below 3% of GDP this year. Generally, all areas of the economy are beginning to see a significant improvement. The plan to create 40,000 jobs during the coming year is very much to be welcomed. As previous Senators have said, there is an area that still to be seriously addressed, that of mortgage arrears. I support my colleagues who have spoken on this issue previously and again today. I welcome the recent statements by both the Minister for Finance, Deputy Michael Noonan, and the Taoiseach on the need to redouble efforts to bring about a significant improvement in this area so that we do not see any further repossessions of houses but rather arrangements whereby people can remain in their homes while making a contribution towards the debts they owe. I would welcome a debate in the House in the next session on the progress being made in this area.

I share the concerns expressed by the Minister for Foreign Affairs and Trade, Deputy Charlie Flanagan, on the difficulties arising in respect of the Stormont House Agreement. I urge Sinn Féin and the DUP to come together to ensure they can address the problems that have arisen in regard to the Social Welfare Bill. There is too much at stake in the context of the peace process. It is most unfortunate that an agreement that appears to have been reached a few short weeks ago is now crumbling. I remind our Sinn Féin colleagues that they are playing senior hurling now and the issue must be resolved if they are to aspire to being in government in both the North and the South of Ireland. They must realise that when serious decisions are made and agreements are put in place, they must be stood over. They have to have the strength to honour their commitments.

Photo of Colm BurkeColm Burke (Fine Gael)
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A number of Senators have raised the issue of the difficulties many people are having in regard to housing. I refer to both mortgages and the rental sector. We need a fundamental change in this whole area and to have a debate on it. One of my proposals is that legislation should be introduced to prevent banks from using family homes as collateral for commercial loans. That is one area we need to look at. We also need to look at the area of long-term letting. If one is renting a commercial premises in the private sector, one can get a 20 year lease with five-year rent reviews. Why can we not look at that in the case of family homes? Why must we have the current structure? While there have been some changes over the last 20 years, there has been no fundamental change. If one buys one's own home and can pay one's mortgage, one has security of tenure. If one goes into a local authority house, one can stay on for life as long as one pays one's rent and does not run into major difficulty with that local authority. However, if renting in the private sector one is left going from six-month period to six-month period.

We now have landlords trying to raise rents when they are not entitled to do so. We must put in place a proper structure so that if people want to stay on for a long period, they can do so. We need to have enough properties on the market to ensure there is consistency and security of tenure for people.There is a need for fundamental change in this area and we need to examine the possibility of introducing suitable legislation. It would be of assistance if the House could engage in a debate on the changes which might be brought about in the next six to 12 months.

Photo of Eamonn CoghlanEamonn Coghlan (Independent)
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I support Senator Craughwell's call for a debate on bullying, particularly that which occurs in the workplace. A friend of mine had some serious issues as a result of bullying but, fortunately, as a result of the support and assistance he received and through the efforts of his family, he did not go down the road of committing suicide.

I wish to offer my condolences to the people of France and to the families of the ten French citizens who lost their lives overnight as a result of a tragic helicopter crash in Argentina. These individuals were in the prime of their lives and were seeking further challenges by taking part in a reality TV show. There is an old saying which goes "Once an Olympian always an Olympian". I wish to acknowledge the two Olympians, Camile Muffat, who won an Olympic gold medal in London three years ago, and Alexis Vastine, who won a boxing medal at the Beijing Olympics in 2008, who sadly passed away as a result of the tragic accident to which I refer.

One never knows what lies around the corner or what tomorrow will bring. On that note, I wish to acknowledge the great work done by a sportsman who has represented Ireland across the globe. I refer to the great Graeme McDowell who, through his GMac Foundation, flies seriously ill children from the Royal Hospital in Belfast and Our Lady's Children's Hospital in Crumlin and their families to Florida in order to put light back into their lives as they seek to deal with their illnesses. Well done to GMac who is doing this without seeking publicity. He just wants to give something back because he is fortunate enough to have been sufficiently talented to succeed in his support.

I also wish to acknowledge the achievements of another Irishman, Mark English, who at the weekend won a silver medal at the European Indoor Athletics Championships in Prague. Mark is currently attending UCD, where he mixes his athletics training with his medical studies in an attempt to further both careers. I hope that, please God, he will represent Ireland proudly at the Olympic Games in Rio next year. I take this opportunity to congratulate the Irish Sports Council, which has been supporting Mark since he was 15 years of age. Mark is moving slowly and surely in the right direction and I am sure we will see many more great things from him in the future.

Photo of Rónán MullenRónán Mullen (Independent)
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Many previous speakers referred to people whose mortgages are in arrears. This continues to be a major problem and we are awaiting a debate on the ongoing increase in the number of house repossessions. That debate should take place soon. It is extremely sad that we have reached this juncture. The Insolvency Service of Ireland has failed. Its stated aim was to keep people in their homes, where possible. I have been a consistent critic of the insolvency legislation, particularly the provisions in the Personal Insolvency Act 2012, that bestow on the banks an effective veto on personal insolvency arrangements.

The statistics show that since it was established in 2013, the Insolvency Service of Ireland has concluded just 199 agreements to allow people to deal with their debts. That figure is pathetic, particularly in the context of the 7,101 bills for repossession lodged by the banks in the courts to date. Property prices have increased and now the banks are pushing through repossessions with zeal. There are 80 cases before the county registrar in the Galway Circuit Court. Where are the public interest directors on the boards of the banks? Are these individuals not in place to ensure that the public interest - in terms of keeping people in their homes - is represented? Of the thousands of people who account for the 7,101 bills for repossession to which I refer, very few own mansions in Dalkey or are the subject of media headlines. In many cases, they are living lives of quiet desperation. These are ordinary people living in normal homes in communities and they certainly deserve better. I was interested to hear Senator Ivana Bacik call for a debate on banking and insolvency. The reports that emerged after the property crash pointed to groupthink and a lack of open criticism of Government policy as a basis for the property bubble. I am struck by the groupthink in the political establishment at this time in regard to the forthcoming referendum. I am struck by the way people champion the presence of politicians at yesterday's launch of the Yes Equality campaign, for example, when we all know that there are probably as many politicians in this House opposed to the proposal as there are in favour of it but who simply dare not to speak out. One sees a small chink in the consensus when one hears a person such as the distinguished Labour Party representative Deputy Willie Penrose saying it is best to leave this issue to people to decide for themselves and observing that he knows a family where two people are on one side of the argument and two on the other. Where are the politicians to represent the vast number in the country who have serious reservations about the impact of what is proposed on the right of children to be brought into the world or brought up by a father and a mother? On the whole business of smacking children, what is at issue is a defence of reasonable chastisement, that is, that parents can offer such a defence in a court case. It is not that people have a right to punish their children physically but a question of having such a defence in place. I do not know whether that defence should change. I can see the arguments in favour of taking it away, but I would be far more impressed with the so-called advocates of children's rights if they abandoned their dereliction of duty around children's right to be brought into the world or brought up by a father and a mother. Their silence on the issue or, worse than silence, their abandonment of support for children's right to a father and a mother reflects no credit on them. This is a far more important and relevant issue in the life of every child than the discussion around smacking. I wish the people concerned would abandon the groupthink and begin to reflect what a lot of people regard as common sense.

Photo of Catherine NooneCatherine Noone (Fine Gael)
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I was delighted to hear about the Sober St. Patrick's Day initiative, which will see the Gresham Hotel come alive with ceoil agus craic on 17 March in an alcohol-free setting. Many people, especially younger people, feel huge pressure to binge drink on this holiday, or perhaps it has just become the done thing. Our national day has been hijacked to a large extent by alcohol consumption, with excessive drinking perceived as virtually a patriotic duty. The Sober St. Patrick's Day movement has already been introduced in six cities in the United States and in Belfast, proving that one does not need to have a drink to have fun on our national holiday. Ireland should lead the charge in encouraging initiatives such as this. I have highlighted on numerous occasions in this House the alarming growth of binge drinking and the subsequent rise in, for instance, in the incidence of liver disease in people as young as 20 years. Last week I pointed to instances of children, some as young as 11 years of age, being admitted to Temple Street hospital with alcohol poisoning. It is no exaggeration to say the Irish character seems to adhere to a particular caricature around St. Patrick's Day. I am not anti-drinking on this or any other occasion, but I would prefer if our national holiday were not associated with the abuse of alcohol and the notion that getting drunk is synonymous with being Irish.

Photo of Paul BradfordPaul Bradford (Independent)
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I concur very much with the points made by Senator Catherine Noone and I am intrigued by the Gresham Hotel's plans for ceoil but no ól on St. Patrick's Day. Senator Catherine Noone's observation is valid and ties in with what Senator Jillian van Turnhout said. There have been attempts to have a proper national debate on alcohol consumption and abuse in this country, but it has not been treated with sufficient seriousness. It is a discussion that must be put firmly back on the agenda and driven by the Government and health promotion agencies rather than, directly or indirectly, by the drinks companies. I congratulate Senator Jillian van Turnhout on her television appearance last week in which she clearly demonstrated how unfortunate it was that public figures who were and, to some degree still are, held in high esteem had bought into the concept of supporting campaigns by the drinks industry.

I will move to a less serious but not insubstantial issue.The Leader obviously is as au faitwith, and interested in, this as am I and Members must congratulate all those associated with what has been a tremendous first day for Irish sport at Cheltenham. It is not just a sport Members are congratulating but an industry that employs tens of thousands of people across towns, townlands and small parishes nationwide. As of now, the Irish team, as I will describe it, has won four races at Cheltenham. Willie Mullins has won four races in an unprecedented achievement. Ireland has outstanding trainers, owners and jockeys and the industry's success shows that the fair support and assistance given by every Government over the past 20 or 30 years to the Irish racing industry has worked, has produced the jobs and has beefed up the industry. It has given Ireland a world-leading reputation in horse racing and long may that continue. In general, there is cross-party support for the modest financial incentives the racing industry gets. Were every industry, of the many that receive financial support, to plough back the same level of jobs and results as does the racing industry, everyone would be proud. However, I simply wish to congratulate all those involved in what has been a tremendous showcase day for Ireland at Cheltenham. There are three more days to go and hopefully there will be more success because it is not just about the glory of Cheltenham but is about the jobs in rural Ireland in the training yards, on the stud farms and among the small breeders. It is phenomenally successful and has arisen not by accident but through proper planning and support. Long may it continue.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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While Senator Bradford was to have been the last speaker, others wish to come in. Although I will have a cut-off point, I will allow Senator Crown in.

Photo of John CrownJohn Crown (Independent)
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I wish to comment on reports over the weekend about wide disparities in survival from cardiac events or heart attacks in hospitals across the country. This had a particular resonance for me because in the early years of this particular Seanad, similar specific allegations were made about Roscommon hospital and at the time, it appeared as though those allegations were being used in defence of a policy of changing the status of that hospital. Subsequently, Members found out that the figures upon which those assertions were made were incorrect.

There appears to be a strategy of selectively leaking some as yet unsubstantiated figures to the press, which sometimes seems to resonate with certain policies that are being advocated by some of the folks who run the health service. I do not refer to the Minister, Deputy Varadkar, in this regard but more to the longer-standing administrative policies. It is important that the air now be cleared and that Members find out precisely what was the basis for the figures, what methodology was used and what is the true position.

It now transpires that in the case of the event in Roscommon several years ago, what was happening was that junior doctors were writing heart attack as a cause of death on death certificates because ultimately, that is what everybody dies from at some stage. One could argue that the last thing that occurs to people while they are alive is their heart stops beating but these deaths were going into the record as heart attacks and in that situation, a heart-attack of course would have a rather high mortality rate and this tended to distort the figures. Moreover, it was not gelling with the figures being produced by Dr. Paddy McHugh's unit for patients who were admitted to cardiac care in Roscommon and who were found to have heart attacks.

The HSE subsequently stated the figures and assertions were incorrect and it has been a long-standing bone of contention of mine but I believe an apology must be made to Dr. Paddy McHugh and his staff in Roscommon hospital, about whom it was suggested there was an untowardly high incidence of fatal outcomes associated with cardiac events, which was not true. In the future, however, it is of critical importance to have disclosure. What was the basis for these figures, what methodologies were employed and can the health authority stand over the methodologies? Moreover, if they are true, what corrective action is being taken?

I note in passing that the waiting list figures are not getting better and the great open sore in Irish health care is still gaping wide. It is not specifically the fault of the present Government any more than it was of its predecessor but it certainly should send a message that something very different must be done. We have had such waiting lists in times of booms and busts, in recessions and depressions, as well as in times of high and low public spending. There is something wrong with the way in which health care is funded and this has been pointed out.Will the Leader make representations to the Department of Health that there be a public registry? The Department has come under terrible pressure from, and has stood forthrightly against, the tobacco industry. I am very conscious that the Minister for Health, Deputy Leo Varadkar, and his predecessor, Deputy James Reilly, have taken correct positions in opposing and fighting the tobacco industry's incursions. It would be useful for the rest of us if we knew exactly who was being put under pressure and at what level. The United States Chamber of Commerce has engaged in this. Have agencies of the US Government or politicians made representations? We know of at least one, the former Governor of Virginia, who did. This should be a matter of public debate because we need to be able to challenge the people concerned and put the matter in the public domain.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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I concur with Senator John Crown and thank him for his continued support for Roscommon County Hospital and the reputation of Dr. Patrick McHugh, one of the finest physicians who has ever practiced in any hospital in Ireland. The Department of Health has treated him very badly and owes him an apology.

On Senator John Kelly's statement on the proposed strike by prison officers, the Government does not seem to be aware of the contribution prison officers make, given the recent stabbing in Tallaght and the difficulties in Portlaoise. I come from an area in County Roscommon in which there is a very large prison in Castlerea which is very effective at providing a very good service for the State. Instead of Senators John Whelan and John Kelly coming into the House and bleating about problems with the Government, why do they not raise these issues at a parliamentary party meeting with the Tánaiste, Deputy Joan Burton? As Deputy Prime Minister, she can change the Government's policies. Instead, they go on about it constantly on local radio and here. They are not raising it where it is important.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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The Senator has made his point.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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I am glad you understand it. Although the Minister of State, Deputy Áodhan Ó Ríordáin, is in the Department, they do not call on him or talk to him. They are as useless as dead sheep. They do not have any power. They are toothless terrors. They come here and-----

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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The Senator is being unfair. Any Senator is entitled to ask a question on the Order of Business. The Senator should not personalise it. He has gone overboard. The two Senators he named are not present and any Senator, on any side, who wishes to raise a matter is entitled to do so.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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I am stating a fact.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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No, the Senator should desist. I very kindly allowed him to speak.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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They are toothless terrors. They are all talk and no action.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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I cannot allow Senators to wander in at the last minute and put up their hands. Senator Paul Bradford was the last speaker approximately ten minutes ago. I allowed others in and if I keep doing so, I will lose respect. Senator Marc MacSharry shall be the last speaker.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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I thank the Cathaoirleach and will be as brief as possible.

I agree with other speakers on the issue of disputes in the Irish Prison Service. Anecdotal evidence suggests there jas been a clear breakdown of communication between Mr. Michael Donnellan, head of the Irish Prison Service, and the Prison Officers Association. I appeal to all parties, particularly the Minister, to bring the parties together to try to make progress to resolve the difficulties.

The main reason I am standing is to highlight, in solidarity, the issues at St. Angela's College in Sligo which I have raised previously. The lecturing staff at St. Angela's College to PhD level have all the usual qualifications one would expect of lecturing staff and achieved superior educational outcomes. However, with the merger of St. Angela's College with NUI Galway, the staff are to transfer, according to proposals made by NUI management, with a lesser status than that of college lecturers in NUI Galway. This is discriminatory and elitist and there is no good reason, either regarding qualifications or educational outcomes, it should happen. Today 60 lecturers have been forced to down tools in a one-day strike to try to have the issue put on the agenda. Weeks in advance of the strike, I raised the issue here and appealed, through the Leader, for the Minister for Education and Skills, Deputy Jan O'Sullivan, to intervene. I also wrote to her. Unfortunately, at this late stage, she still has not intervened. Will the Leader send a message to her that this dispute in the north west is not of the making of the 60 lecturers in question? It is unnecessary and I am sure Labour Party Members and those from the north west will agree with me that in the transfer of responsibility from St. Angela's College in Sligo, the only NUI constituent college north of a line from Dublin to Galway, to NUI Galway we must ensure the status of the lecturers is equal to that of those lecturing within NUI Galway.While the authorities in NUI Galway have not done so to date, and they do not recognise the status of the TUI, I appeal to the Minister, through the Leader, to direct them to engage with the organised labour movement in the form of the TUI because not to do is to strip the lecturing staff of the college of their rightful representation in negotiations.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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Senator Darragh O'Brien called for a debate after the recess with the Minister for Transport, Tourism and Sport on Aer Lingus pensions. We will try to arrange that but when we return on 24 March we will have a number of Bills to deal with, including two referendum Bills and the Child and Family Relationships Bill 2014. We will have a busy schedule but I will try to facilitate the debate.

The Fennelly report is being prepared independently by Mr. Justice Fennelly, who must be afforded the time and independence he requires. It is incredible that when we had the Smithwick report and other reports, Fianna Fáil Members cried and shouted about time limits being imposed. Now they want it the other way.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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The Taoiseach should not even be waiting for the report. He knows what he did that night. He should just come in and tell us.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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They seem to be following their tails most of the time.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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He is hiding the truth.

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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The Senator proposed an amendment to the Order of Business. In the interest of the running of the House, I ask him not to press a vote on it. We have a very tight schedule with Ministers coming before the House. If we have a vote, it will eat into the 30 minutes allowed for statements on ambulance services. I ask the Members opposite not to press a vote on the Order of Business for that reason.

Senator Bacik and others spoke about the issue of mortgage arrears and the report on insolvency procedures. Senator Bacik called for a debate on the review once it is published. The review is near completion, and we need to build on the significant progress made to date on reducing mortgage arrears levels overall. The Government will announce a new set of measures in April designed to focus on the still unacceptably large number of families in long-term mortgage arrears who now face repossession of their homes. The number of mortgages accounts in arrears is now declining. While just over 110,000 accounts were in arrears at the end of quarter four of 2014, this represented a decline of 6.4% compared to quarter three of 2014, and a decline of more than 26,000 accounts over the course of 2014. Almost 115,000 mortgage accounts were classified as restructured at the end of 2014, which represents an increase of more than 30,000 accounts during last year. At the end of 2014, there were almost 760,000 private residential mortgage accounts for principal dwellings. Almost 650,000 of these accounts, or 85%, were not in arrears. The number of accounts over 90 days in arrears continues to fall, and it has now fallen for five consecutive quarters. It is regrettable that there was a small increase in the number of accounts in arrears of more than 720 days but the increase of 294 was the lowest increase in that category recorded to date. People can use figures however they wish but they are the facts.Obviously, we are not seeing the same progress in the most difficult cases, namely, those in arrears for more than two years. Far too many mortgage arrears cases have ended up before the courts when they should have been resolved through earlier engagement between borrowers and their banks. Most cases could be resolved by the Insolvency Service of Ireland. It is right to expect the proportion of debt deals being accepted by creditors to increase.

We will debate the review when it is published. The Government is committed to acting on it. We recognise that some adjustments to the personal insolvency framework may be necessary to address this matter, for example, debt distressed families' awareness of the Insolvency Service, independent audits of the quality of the debt deals being recommended by personal insolvency practitioners, PIPs, the options available to borrowers where insolvency arrangements have been rejected by creditors and the supports that are available to families that cannot pay even restructured mortgages or meet the requirements of insolvency arrangements. A great deal of work is being done. I hope that, when the review is published in April, we can hold a further debate on it.

Senator Quinn referred to the deaths of two people because of carbon monoxide poisoning. They are regrettable, particularly given the fact that, as the Senator mentioned, detectors are on sale at a low price. The issue must be highlighted. While it is being addressed in the case of new homes, the public needs to be vigilant.

Senator Naughton discussed insolvency laws. I have dealt with that matter.

Senators Craughwell and MacSharry mentioned the difficulties being experienced at St. Angela's College in Sligo. Perhaps they could be updated by the Minister by tabling a Commencement matter.

Senators Craughwell, Eamonn Coghlan and others referred to bullying in the workplace. There is also bullying on social media. It is a major problem. The Senators asked that the matter be examined under the Non-Fatal Offences Against the Person Act. The Minister attended the House on this issue previously, but we will try to arrange for him to attend again. There is dreadful bullying, and not only in the workplace. It is hurting many young people on social media and causing severe consequences.

Senator Hayden discussed mortgage arrears. I have dealt with that matter.

Senator van Turnhout mentioned the defence of reasonable chastisement. I note her points in that regard. She also stated that drinks companies should not have a role in public health. As she pointed out, the joint committee will address that matter.

Senator Wilson complimented the Government on acting quickly to plug the loophole in the Misuse of Drugs Act relating to head shops. In the previous Seanad, Senator Wilson and other Members played an important role in ending head shops and the products they supplied. The Senator is well capable of and qualified to speak on the issue because of his input during the previous Seanad.

I note Senator Paul Coghlan's points on the Fennelly report.

Senator Barrett welcomed the reopening of the Phoenix Park tunnel. The idea came from this House. As he stated, reopening the tunnel is a proper use of public expenditure. Senators Kelly and Leyden raised the issue of the prison officers' dispute. We should all acknowledge the work being done by everyone in the prison system and the many reforms that have been carried out in recent times. The driving force behind the progress made to date has been the constructive engagement and consultation between the management and the Prison Officers' Association on all aspects of the reform process under the joint task reviews as has been agreed under the Croke Park agreement. That positive and constructive engagement and consultation is required again and I hope all parties will sit down and resolve this issue. It should not go unnoticed that the prison officers are doing a wonderful job in very difficult circumstances.

Senator Mullen dealt with the need to tweak insolvency laws and give greater protection to the family home. That is what the Government is attempting to do and we will have a debate in the House when the review is complete. Senator Mullen also urged parties in Northern Ireland to come together and solve the problems which have arisen recently in respect of budgets. I am sure they will get together and do what is necessary. Senator Burke highlighted the need to examine long-term letting of properties and family homes in particular. I am sure that will all come under the review and we can have a debate in the House at that time.

Senator Eamonn Coghlan addressed the tragic accident in Argentina and the deaths of ten French people, including Olympians. We would all like to express our condolences to the families involved. The Senator also lauded the charitable foundation of Graeme McDowell, the golfer, and congratulated Mark English on his silver medal and the support given to him by the Irish Sports Council.

Senator Mullins spoke on the insolvency service and we will certainly have ample time to discuss the referendum and the points he made on it in the first week we come back. Senator Noone highlighted "sober day" and the St. Patrick's Day movement, which is certainly welcome. We wish the movement well in its effort. Senator Bradford congratulated the Irish people involved in the four winners to date at Cheltenham and commented on the many thousands of jobs involved in that industry.

Senator Crown addressed the selected leaking of some reports and the need for disclosure of the basis for the figures that were leaked. I agree with him and will bring the matter to the attention of the Minister. The Senator also makes a good point about a public registry for people lobbying on behalf of the tobacco industry. I will also bring that matter to the attention of the Minister.

I have dealt with Senator Leyden's remarks on the prison officers and Senator MacSharry's remarks on St. Angela's College.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Senator Darragh O'Brien has proposed an amendment to the Order of Business, "That a debate with the Taoiseach on his role and the role of the former Secretaries General of the Department of Justice and Equality regarding the circumstances which led to the resignation of former Garda Commissioner Callinan be taken today." Is the amendment being pressed?

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I will withdraw the amendment on the basis that the issue of the Dublin fire brigade ambulance is important. I know the Leader has gone to some difficulty in this regard. However, what I said about the Taoiseach's role in this is also very important and I intend to table an amendment on another day if the Taoiseach refuses to come in to the House to address the matter.

Amendment, by leave, withdrawn.

Order of Business agreed to.