Seanad debates
Thursday, 18 June 2015
Order of Business
10:30 am
Maurice Cummins (Fine Gael)
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It is proposed to take No. 1, motion re arrangements for the address to Seanad Éireann on 23 June 2015 by Mr. Phil Hogan, European Commissioner for Agriculture and Rural Development, to be taken without debate on the conclusion of the Order of Business; and No. 1aon a supplementary Order Paper, Petroleum (Exploration and Extraction) Safety (Amendment) Bill 2015 - Order for Second Stage and Second Stage, to be taken at 12.45 p.m. and to adjourn no later than 3 p.m., if not previously concluded, with contributions from group spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes.
Darragh O'Brien (Fianna Fail)
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To deal first with the immediate matter of the Petroleum (Exploration and Extraction) Safety (Amendment) Bill, there is no way we will accept the taking of this Bill on Second Stage today. The Bill has only just been published this morning. That is not acceptable, nor is it any way to do our business.
Gerard Craughwell (Independent)
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Hear, hear.
Darragh O'Brien (Fianna Fail)
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I ask the Leader to withdraw the Bill. I do not understand the hurry with this Bill. I ask that it be kicked back into next week, because we will not accept it, and on that basis we will not agree to the Order of Business. This is not a way to do our business. I am not saying we are necessarily opposed to the Bill itself, but we should not be doing our business that way.
I have a question for the Cathaoirleach about the procedure for Commencement matters. I lodged a Commencement matter on Tuesday which was taken this morning, for which I am grateful. When a Commencement matter is tabled, when is the Department concerned advised of the matter?
Paddy Burke (Fine Gael)
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As soon as we receive it.
Darragh O'Brien (Fianna Fail)
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That is exactly as I thought. This morning I tabled a very important matter with regard to the removal and reconfiguration of 33 acute surgical beds from Beaumont Hospital. The Minister of State, Deputy Simon Harris, is a decent guy and I have a lot of regard for him. He is a very good attender at this House. He is the junior Minister at the Department of Finance with responsibility for the Office of Public Works, who comes in and reads a statement on behalf of the Minister for Health, Deputy Varadkar, relating to the second busiest hospital in the country, a hospital in crisis, where 33 acute surgical beds for cancer patients have been removed. The Minister could not even be bothered to come to the House to take the debate. It is not just he who could not be bothered; the junior Minister at the Department of Health could not be bothered either. Instead, they have sent in the Minister of State with responsibility for the OPW, who read out a stock reply from the Minister, Deputy Varadkar. I do not know if it is something in the Fine Gael party this week that its members are not able to write their own scripts. What the Minister of State, Deputy Harris, read into the record of the House this morning is an exact copy of the statement from the management of Beaumont Hospital yesterday. The Minister of State, Deputy Harris, reads a statement on behalf of the Minister for Health which is an exact copy of the statement issued by Beaumont Hospital management.
I received the response to my matter - a response I am not happy with - but to add insult to injury, the Minister, Deputy Varadkar, tweeted: "Was in Seanad for two hours yesterday and no one mentioned this."He is saying he did not know about the Commencement debate. He is using the excuse, which effectively is a lie, that he did not know about this.
Paddy Burke (Fine Gael)
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I can confirm to Senator Darragh O'Brien that as soon as we get the matters, they go to the Department.
Darragh O'Brien (Fianna Fail)
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I am certain of that from responses received from staff in the Seanad office, but why then is the Minister saying he did not know about this debate this morning and he expected to be told about it when he was in the House here yesterday? He said he sat here for two hours and no one mentioned it to him. How long has he been here?
Basically, the Minister has been a passenger in his Department or independent commentator who feels everyone else's pain and says, "God, is that not terrible?" Deputy Varadkar is the Minister.
Paddy Burke (Fine Gael)
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Does Senator Darragh O'Brien have a question for the Leader?
Darragh O'Brien (Fianna Fail)
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I am telling the Cathaoirleach that I am not accepting this from the Minister. I want the Minister to come to the House today to debate the issue of 33 acute surgical-----
Paddy Burke (Fine Gael)
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Is the Senator proposing an amendment to the Order of Business?
Darragh O'Brien (Fianna Fail)
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I propose an amendment to the Order of Business that the Minister for Health come to the House today to address the issue of 33 acute surgical beds in Beaumont Hospital which are being withdrawn without consultation with the staff. I also want the Minister to confirm when his Department was told about the Commencement debate because what he made public today is not true. He is hiding behind a lie on a serious issue. He is saying that he was not aware of this debate and that is why he was not here today. It is nonsense. I am formally tabling an amendment to the Order of Business that the Minister, Deputy Varadkar, comes to the House today, clears this situation up immediately and withdraws the statement that he issued.
Ivana Bacik (Independent)
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The Leader will respond to Senator Darragh O'Brien on the timing of the petroleum Bill, but we would all agree with the Senator that it is not good legislative practice to have Second Stage scheduled immediately or soon after the publication of a Bill. That comment has been made often on both sides of the House previously.
Mark Daly (Fianna Fail)
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It is an EU directive and the Government is running out of time to implement it.
Maurice Cummins (Fine Gael)
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We will hear from Senator Daly in a minute. He will have his chance.
Paddy Burke (Fine Gael)
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Senator Bacik without interruption.
Ivana Bacik (Independent)
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On the issue of the Berkeley tragedy, I support the idea of having some form of ecumenical memorial service for the students that would involve both Deputies and Senators in some fashion. I note there is work being done on that.
I renew the call to the Leader for a debate on victims' rights which I made yesterday in light of the Dublin Rape Crisis Centre statistics released yesterday. The figures from Women's Aid released today in its 2014 impact report also emphasise the need to have a debate on this. The Minister for Justice and Equality, Deputy Frances Fitzgerald, will be introducing legislation dealing with sexual offences and offences of domestic violence later this year, but the Women's Aid figures make for chilling reading. Its discloses that 13,655 contacts were made during 2014 with Women's Aid direct services and reminds us also in the report that since 1996, some 207 women have been murdered in Ireland, 54% of those by a partner or ex-partner. This is a serious matter. Women's Aid state, of the contacts made with it, that 16,464 disclosures of domestic violence against women were made last year and they conclude that one in five women experience domestic violence in Ireland. This is a serious and pressing issue, and we need to look again at it. The Joint Committee on Justice, Defence and Equality has considered this matter but, as legislators, we need to look again at how best to address this serious problem.
On a lighter note, I want to let colleagues know that this afternoon there will be an unveiling of a bust in honour of the late Václav Havel, former President of Czechoslovakia and the Czech Republic, at 5 p.m. in Leinster House. This is an important event. Václav Havel, of course, was a real figurehead for democracy and democratic values across Central Europe, but also internationally. It is fitting that we are unveiling this memorial. I have been involved somewhat in the plans to unveil it and as somebody with Czech-Irish heritage, I am glad that we will have this bust in place in Leinster House from this afternoon.
Mark Daly (Fianna Fail)
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I support my colleague, Senator Darragh O'Brien, and second his amendment to the Order of Business on bringing in the Minister, Deputy Varadkar, who one would swear was not the Minister for Health and merely worked as a commentator condemning actions in his own Department, allowing his response to be dictated by Beaumont Hospital and then wondering why it was not brought up yesterday. If it had been brought up yesterday, it would have been ruled out of order because it was not related to the Bill under discussion. Not only does the Minister not know what is going on in his own Department, but Leo, the commentator, does not know how the Seanad works.
Paddy Burke (Fine Gael)
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Senator Daly should call him "Minister".
Mark Daly (Fianna Fail)
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I am sorry - the Minister does not know how the Seanad works.
I welcome the announcement by the Pope in the past half an hour on climate change and ask for a debate on it. Climate change is the most serious issue facing mankind. It is the most serious threat facing the world at this time. When one considers that half of the creatures of the Earth have disappeared since 1990, in China life expectancy has reduced by five years because of air pollution and the US Army has stated that it is a more serious threat than terrorism, that is the level of threat the planet faces at this time. I ask that we have this debate. It is not about being optimistic or pessimistic, but about being determined. There is a UN conference coming up in Paris in the near future and many of the experts in the field of climate change have stated that those who will decide the outcome in Paris will decide who lives and who dies. That is how serious climate change is for the planet. It is an issue that does not affect Europe as much as it affects those in Africa and elsewhere in the developing world, but it affects them to a degree that is life-threatening. I ask the Leader organise a debate in that regard.
Michael Mullins (Fine Gael)
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I very much welcome the figures on tourism and travel published last week by the CSO which show that spending in the first quarter of 2015 by overseas visitors rose by 10.5% in comparison with the same period last year. The data also show that the number of trips to Ireland by holidaymakers rose by 13.3%, while spending by holidaymakers was up by 12.9% in quarter one when compared to the same period in 2014. The figures show the significant contribution that tourism and visitors to the country are making to the economic recovery.
The revenue associated with visitors from Great Britain grew by 5.8%, and from North America by 16.8%. If one walks around the streets of Dublin, the number of American visitors in the capital city is obvious, and that is very much to be welcomed. I ask for a debate with the Minister, Deputy Donohue, on the progress we are making in the area of tourism to ensure that we keep our eye on the ball and that all stakeholders and players in this business are doing everything possible to maximise the benefits from tourism for hotels, guest houses and restaurants and that we are not doing anything that will damage the sector and enterprise in the future.
I also ask for a debate on how we can ensure that the benefits that are obvious in Dublin city, Killarney, Galway city and Connemara spread out into the more peripheral regions of the country. We need a debate on how we might make these places more attractive by possibly looking at transport subsidies to bring the visitors to the less-travelled parts of the country. I refer to places such as east Galway that has much to offer. We are not getting the same benefit and Fáilte Ireland needs to up its game to ensure that the benefits of the increased visitor numbers spread into the regions.
Feargal Quinn (Independent)
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A few months ago, I tabled a Bill here, which got some attention but was not accepted, to do with essential services and to ban the willingness of workers to have a strike that would affect essential services. There was a good debate on the Bill, and a good discussion about the various aspects of it, but it seems to be something the Government should keep its eye on. It should be aware that this can be a significant threat.We have a ban on striking in the Garda and the Army. It appears to me it is possible to consider a ban on that basis also. I am reminded of it because yesterday five of the larger airlines in Europe united to ensure air traffic controllers could not close down the airlines. It is not the airlines that were going on strike but the air traffic controllers. Michael O'Leary instanced the fact that there were 3,000 flight cancellations this year which affected 600,000 passengers. It is something we should consider. In the case of essential services we should be able to ensure certain strikes do not happen.
A point of interest is that Prime Minister Tsipras of Greece told us today that his wife threatened to leave him if he gave way on the economic front. It seems to me this is a powerful method. He said he not going to give way solely because his wife would leave him. Perhaps it is something we should take into account.
Paul Coghlan (Fine Gael)
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He wants the drachma back.
Feargal Quinn (Independent)
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We should discuss quite soon the challenge to us if Britain leaves the European Union. That will not happen until next year if it has a referendum but it could happen. We should take contingency measures and watch what we should do to ensure our own economy is protected if that happens.
Aideen Hayden (Labour)
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I congratulate former President, Mary McAleese, on her robust defence of Irish J1 students in the face of the scurrilous and deeply upsetting article in The New York Times. I want to draw a comparison to the Hillsborough disaster when The Sunnewspaper represented the Liverpool fans as having been drunk and unruly and, in some way, responsible for the appalling disaster that befell them. I remind The New York Timesthat what followed was a 23 year ban and boycott of The Sunnewspaper in Liverpool. Irish people, particularly Irish Americans, should consider their attitude towards The New York Times.
The second point relates to a PRTB rent index published today that again showed rents continue to rise, not just in the capital but all over the country. As I have said on previous occasions, a whole generation of Irish people are unlikely to own their own homes and will live in private rented accommodation for many decades, partly because they will be unable to access a bank loan to enable them to purchase and, partly, because it will take a considerable time to have the social housing necessary for people who will not be able to afford their own homes. The reality is that the private rented sector is not fit for purpose. There are spiralling rents, a chronic shortage of supply, a lack of real security for tenants and substandard accommodation. Yesterday I commended the remarks of the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, who said at a Threshold conference earlier in the week that he would bring rent certainty measures to Cabinet. I call on him, in light of the best information we currently have which is being published today, to bring it to his Cabinet colleagues next week. This cannot wait. People are losing their homes and becoming homeless because they cannot afford to pay rent increases. I ask for an urgent debate on the issue.
Trevor Ó Clochartaigh (Sinn Fein)
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Ba mhaith liom leasú ar Riar na hOibre a mholadh ar maidin. I call for an amendment to the Order of Business as I am extremely unhappy at the way in which the Petroleum (Exploration and Extraction) Safety (Amendment) Bill 2015 is being handled in this House. It was added to the agenda on Tuesday and was not signalled to us last week. The Bill was not available until 10 a.m. I acknowledge that we got a note or a memorandum from officials but that is not sufficient for us to scrutinise legislation properly. The directive is a 40 page document, published on 12 June 2013. The sudden rush to push the legislation through is unacceptable. We do our best and we are not perfect, but to ask us to scrutinise the legislation, to match it against the directive and debate it today on Second Stage is unacceptable and makes a mockery of the House. I call on the Leader to amend the Order of Business so that at the very least we have the weekend to study it. While the Bill may well be benign and may be badly needed, as legislators we cannot stand over it and we should not be asked to do so. I propose it be deferred at least until next week so we can give it proper and due consideration and do our job properly.
There are people who would be concerned. We have had issues around the petroleum industry and the way Governments have handled petroleum legislation in the past. There are people who may think there is a sleight of hand here, that an attempt is being made to have legislation rushed through the Houses. I certainly would not want the Leader to be called on to do that or to be accused of taking part in that type of process because that is not his style. I am aware that in previous times he has deferred legislation such as this. I call for an amendment to the Order of Business that we do not debate the Petroleum (Exploration and Extraction) Safety (Amendment) Bill today, that it be deferred to at least next week.
Paddy Burke (Fine Gael)
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Will the Senator please clarify whether he is proposing an amendment to the Order of Business? Is he asking the Leader to oppose bringing in the legislation or what exactly is he proposing?
Paddy Burke (Fine Gael)
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Is the Senator asking the Leader to amend the Order of Business?
Maurice Cummins (Fine Gael)
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Yes, to defer 1a.
Darragh O'Brien (Fianna Fail)
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Senator Ó Clochartaigh is proposing that 1abe deferred.
Trevor Ó Clochartaigh (Sinn Fein)
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I am proposing that 1abe deferred.
Marie Moloney (Labour)
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I second Senator Aideen Hayden's call for a debate on rental accommodation. The issue is demand driven and the greater the demand, the higher the rents. Landlords are aware that people are seeking accommodation and that they will pay whatever they can to get it because of the scarcity. I reiterate a call for a debate on rent caps for rent supplement which are inadequate. Accommodation cannot be found under the cap provided for. I ask the Leader to invite the Minister for Social Protection to come in for a debate on rent caps which are far too low in particular areas. Around the country it is very difficult to find accommodation under the rent cap. People are paying cash under the counter to landlords to bring down the cap. They will bring down the cap and get the balance in cash. I call for a debate on that issue.
David Norris (Independent)
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I second Senator Trevor Ó Clochartaigh's amendment to the Order of Business. It seems extraordinary that things should be done in such a rush. I do not blame the Leader. I believe this has come about because we were late in transposing an EU directive and that it was stuck in at the last minute. This shows very bad administration on the part of Government. The Government should be strongly criticised for this and also the civil servants for not alerting the establishment. The Bill, so far as it goes, and in as far as I can understand it, is welcome. I have here the Order Paper for the day and there is no mention of it, not a whisper.
Paddy Burke (Fine Gael)
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There is a supplementary Order Paper.
David Norris (Independent)
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I am well aware of that.
Darragh O'Brien (Fianna Fail)
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It is totally unacceptable.
David Norris (Independent)
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This is the printed Order Paper for the day. There is not a whisper of it. It only came through at 10 o'clock. The Bill is welcome. This is a response to the Deepwater Horizon environmental tragedy that took place in the Gulf of Mexico. When dealing with people such as Shell Oil one certainly needs to be up to date in terms of safety provisions as it will skimp on every single thing. It has been involved in accidents of various kinds all over the world so we need to monitor it. The Irish Government should be doing so and not at the behest of the European Commission. We should be monitoring the operation of this company so I am very happy to second Senator Ó Clochartaigh's amendment.
Terry Leyden (Fianna Fail)
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I propose an amendment to the Order of Business to request the Minister for Arts, Heritage and the Gaeltacht, Deputy Heather Humphreys, to come to the House to outline the position regarding the sale of valuable paintings, including a Rubens, at Christie's of London on 9 July 2015.Under section 49 of the National Cultural Institutions Act 1997, the Minister has to give permission. Why was this power delegated to the National Gallery of Ireland, the director of which is Mr. Sean Rainbird and who is also a trustee of the Sir Alfred Beit- Russborough House collection? I commend An Taisce and Mr. Ian Lumley on taking this matter to the High Court, represented by Tim Smith of law firm, Phelim O'Neill. They were granted permission in the High Court by Mr. Justice Nicholas Kearns to challenge the granting of an export licence for the artworks. The case will come before the High Court on 3 July when the sale is proposed for 9 July.
The interesting point is An Taisce also has a representative on the Beit Foundation, namely, Consuelo O’Connor. This is an intriguing situation. I believe the Minister is negligent in her responsibilities in this regard. Under section 49, the licence granted by the governors and guardian of the National Gallery was, therefore, granted without any statutory authority and the purported sale of delegation by the Minister is ultra vires.
The situation is extremely grave. We can see the cranes outside over the National Gallery. To think that it would approve the sale of these invaluable and priceless works of art in Britain and elsewhere and to deprive this country of the wishes of Sir Alfred Beit who provided those paintings for the State under trusteeship is absolutely disgraceful. Will the Leader request the Minister for Arts, Heritage and the Gaeltacht, Deputy Heather Humphreys, come to the House to explain why she, like Pontius Pilate, is washing her hands of this particular matter, even though she has the full legal responsibility under the Act?
Maurice Cummins (Fine Gael)
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That is not true.
Terry Leyden (Fianna Fail)
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Those are the facts. She has no authority to delegate those powers to anybody else. It shows a complete lack of responsibility. How could she call herself the Minister for bloody arts?
David Norris (Independent)
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There is no Minister for the bloody arts.
Paul Coghlan (Fine Gael)
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I do not think the arts are bloody, in fairness.
Terry Leyden (Fianna Fail)
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Could any other arts Minister in any other country stand over the sale of a Rubens?
Paddy Burke (Fine Gael)
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The Senator can make those points during the debate later.
Terry Leyden (Fianna Fail)
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I hope we get a debate and the Cathaoirleach uses his influence to bring that woman into this House.
Paddy Burke (Fine Gael)
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I have no role in that.
Gerard Craughwell (Independent)
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I second Senator Leyden’s amendment to the Order of Business. It is simply unbelievable that we would start to sell off the assets of the State and people.
I compliment the former president, Mary McAleese, on her robust attack on The New York Times. How dare they use a tragedy to sell their newspaper by twisting the story on J1 visas?
Following on from our debate yesterday on councillors, ten minutes ago I had a most distressing telephone call from a councillor, a woman in her 40s who has just been diagnosed with breast cancer. She is a single parent and is about to lose €86 a week because of legislation brought in here regarding single parents. She told me she has been in contact with her council and the Department of Social Protection but to no avail. She is absolutely distressed beyond belief. She has no idea of how her income is going to be sorted out as she goes through her cancer treatment. She told me the answer she has been given by some is that she is not an employee. I have legal advice, as I said yesterday, and know the employment status of a councillor.
We will have to examine introducing sick pay and a point of reference for those we elect to the lowest level of political life where they can go to a one-stop shop to get all the information they need regarding their entitlements. We are paying these people less than the minimum wage. It is outrageous to think that the woman in question, with two children, will lose €86 a week and has no idea whether she will be entitled to anything from the council after several months out sick. I have had a daughter who has had cancer and I know the trauma that caused us. I cannot imagine what the woman who was on to me is feeling today. It behoves all of us in this Chamber to do everything we can before we rise next month. I do not want to make this a cheap shot but it was distressing to get a call like that.
Paul Coghlan (Fine Gael)
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I welcome today’s bilateral meeting between the Taoiseach and the UK Prime Minister, David Cameron. This is their third annual summit to review progress since their joint statement of March 2012. As we know, they have many important matters, economic and otherwise, to discuss such as the proposed British referendum on Europe and the situation in Northern Ireland, including a number of important legacy issues, not least of which is the question of collusion. We look forward to this meeting and we wish our Taoiseach well.
We all have sympathy with the points made by Senator Craughwell. As regards the wider issues, we all are waiting, in a united fashion, for the outcome of the meetings between the representative associations, namely, LAMA, the Local Authorities Members Association, and AILG, the Association of Irish Local Government, with the Minister, Deputy Alan Kelly. It behoves us all to hold our whist while these meetings go on. Councillors know we are backing them and will be ready when they call on us for a meeting or whatever further support will be necessary.
Tom Shehan (Fine Gael)
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Will the Leader organise a debate on our ambulance service? There are different issues regarding the ambulance service across the country. I was recently contacted regarding a bedbound 87-year old lady who is being cared for at home by her daughter. However, her daughter is due to go into hospital for surgery. She looked for an ambulance to bring her mother to the community hospital for a week’s respite care but none was available.
We listen every day here to Opposition Members and the public about this, that and the other. How we treat our people is how we judge our society. If we cannot provide an ambulance for an 87-year old lady in such a case, then it is not a good reflection of our society.
I would like a full frank and open debate on the ambulance service. Some of the information that came from the ambulance services in Cork and Dublin stated that the intermediate care service ambulance is not guaranteed for such patients in the community and is the responsibility of local services. Local services might be different in Dublin. In Kerry, however, they are not there. The ambulance service stated this was new policy. I would like to know what this policy involves. Will the Leader organise a debate on our national ambulance services?
Maurice Cummins (Fine Gael)
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The Cathaoirleach clarified the question raised by Senator Darragh O’Brien on Commencement debates. I will bring the reply he received to the attention of the Minister and his office. I cannot do anything further than that.At a meeting of the Government on 16 June last, it was agreed that a petroleum (exploration and extraction) safety (amendment) Bill would be published. This technical Bill will transpose EU Directive 2013/30/EU, which is also known as the offshore safety directive. The deadline for the transposition of this directive is 19 July next. The Government is anxious for this deadline to be met. I understand fully the points made by Members on the other side of the House in relation to this legislation. I do not think it is acceptable to expect the House to deal with a Bill that is being published today.
Maurice Cummins (Fine Gael)
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In view of the strong representations that have been made by Members on this Bill, I am proposing to remove it from the Order Paper and defer our consideration of it until an opportune time next week.
Trevor Ó Clochartaigh (Sinn Fein)
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I thank the Leader.
Maurice Cummins (Fine Gael)
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I know that departmental officials made themselves available for oral briefings on the Bill yesterday. Nevertheless, I think the Members of the House have been given insufficient time to deal with this technical legislation.
Maurice Cummins (Fine Gael)
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We will deal with it next week. Unfortunately, that leaves us with just one motion to deal with under today's Order of Business.
Terry Leyden (Fianna Fail)
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Perhaps the Minister, Deputy Heather Humphreys, will come in.
Maurice Cummins (Fine Gael)
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The Senator might let me reply. He has had his say. I will come to him in a second.
Senator Bacik raised a number of items, including the unveiling of a bust of Václav Havel in Leinster House this afternoon.
Senator Daly spoke about the papal encyclical on climate change and the Pope's comments on the matter this morning. I prefer not to reply to the points made by Senators on the Order of Business if they are not present when I am responding because they have not stayed in the Chamber. I will disregard that policy on this occasion to remind Senator Daly that the Climate Action and Low Carbon Development Bill 2015 is on Committee Stage in the other House. As soon as that has finished, we will have a comprehensive debate on it here. Many Members, including the Deputy Leader, have sought such a debate on several occasions so that we can deal with the climate change issue.
The tourism and travel statistics referred to by Senator Mullins certainly make for positive reading. This sector is a vital cog in the wheel of economic recovery. The Senator called for a further debate on tourism with the Minister, Deputy Donohoe. We will try to facilitate that.
I note Senator Quinn's points about air traffic controllers. We hear about strikes practically every summer, for whatever reason. It is an inconvenience to the airlines themselves and to the passengers. As the Senator pointed out, the airlines are not responsible.
I also note Senator Quinn's points in relation to the proposed British referendum on the EU. I am sure that will be the subject of the conversations between the Taoiseach and the Prime Minister which are taking place today.
I do not know what I can say in response to Senator Quinn's assertion that the Greek Prime Minister's wife intends to leave him if the Greek Government accepts certain terms. I think that is a matter for the Prime Minister. I am sure we all hope some resolution can be found in that matter.
Senators Hayden and Craughwell and others commended the former President, Mary McAleese, on her letter regarding a deeply upsetting article in The New York Timesabout students on J1 visas. I agree that Irish-Americans should consider their attitude towards The New York Timesas a result of this scurrilous article, which has rightly been condemned by the Government and by former President McAleese.
Senators Hayden and Moloney spoke about the private rented sector and rent caps. They called on the Minister for the Environment, Community and Local Government to take action immediately to provide certainty for tenants. The Minister had indicated that he would be bringing this matter to the Cabinet. I am sure that will happen soon. I hope he will come to this House as soon as that is done to explain the position in this regard.
Senator Leyden spoke about the Russborough House issue, which was raised yesterday by a number of Senators. I gave a reply on that occasion and I can do so again today. It is worth noting that the foundation did not consult the Minister for Arts, Heritage and the Gaeltacht in advance of deciding to sell nine paintings from the Beit collection. The Minister was informed after the decision was taken and after an export licence was granted by the National Gallery. This is a devolved function to the National Gallery.
Maurice Cummins (Fine Gael)
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Therefore, the sale of the paintings was presented to the Minister as a fait accompli. The Senator is right in his assertion that a member of the National Gallery and a member of An Taisce were on the board that made that decision.
Maurice Cummins (Fine Gael)
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I am puzzled by it. It is incredible that the board made such a decision without informing the Minister. I think it is absolutely disgraceful. The Minister was told that as a contract has been entered into, it is a fait accompli. The trustees have said they could be caught for a £1.4 million contract with Christie's if they opt out of the contract.
Terry Leyden (Fianna Fail)
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It is unenforceable.
Darragh O'Brien (Fianna Fail)
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The Minister should bang the table and say she is not happy with this.
Maurice Cummins (Fine Gael)
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She has met the chair. As I mentioned, this is what she was told.
Darragh O'Brien (Fianna Fail)
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She should sack the board.
Maurice Cummins (Fine Gael)
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That might happen. One would never know what might happen there. I am not the Minister, but I think it is ludicrous-----
Terry Leyden (Fianna Fail)
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This is the same as what happened with Mr. McNulty in County Donegal.
Maurice Cummins (Fine Gael)
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Senator Leyden has had his say and made his point. There is no point in chirping in like a peacock at every opportunity.
Terry Leyden (Fianna Fail)
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I like to respond to the Leader's points.
Maurice Cummins (Fine Gael)
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I have replied to the best of my ability with a factual reply. I hope the Senator takes it on board.
Terry Leyden (Fianna Fail)
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Can I reply to the Leader?
Paddy Burke (Fine Gael)
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The Senator can speak during the debate.
Maurice Cummins (Fine Gael)
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Senator Craughwell spoke about the employment status of councillors and mentioned a specific case. There is no doubt that the employment status of councillors needs to be addressed as a matter of urgency. Councillors are told that they are paid an allowance, rather than a salary, and that they have to pay tax, PRSI and USC on that allowance. Senator Paul Coghlan mentioned that the Local Authority Members Association and the Association of Irish Local Government will meet the Minister in early course to address a number of items of concern to them. It is right that the representative bodies would meet and make their cases. I assure the representative associations that the vast majority of people in this House support them in their efforts to get proper employment status conditions for councillors. Such conditions are not currently available to them.
Senator Sheahan spoke about ambulance services and called for a debate on the National Ambulance Service with the Minister for Health. I will try to facilitate that.
Paddy Burke (Fine Gael)
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Senator Darragh O'Brien has moved an amendment to the Order of Business, "That a debate with the Minister for Health in regard to his management of a response to a Commencement matter concerning Beaumont Hospital be taken today." Is the amendment being pressed?
Paddy Burke (Fine Gael)
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Senator Trevor Ó Clochartaigh has moved an amendment to the Order of Business, "That No. 1a, Petroleum (Exploration and Extraction) Safety (Amendment) Bill 2015, Order for Second Stage, not be moved today." Is the amendment agreed? Agreed.
Senator Terry Leyden has moved an amendment to the Order of Business, "That a debate with the Minister for Arts, Heritage and the Gaeltacht on the imminent sale of paintings from the Beit collection be taken today." Is the amendment being pressed?
Terry Leyden (Fianna Fail)
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Can I elaborate on it?
Diarmuid Wilson (Fianna Fail)
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As a teller, I request that the division be taken again other than by electronic means.
Paddy Burke (Fine Gael)
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The Senator's request is granted. The vote will now proceed.
Paddy Burke (Fine Gael)
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The result of the vote was Tá, 17; Níl, 17. Where there is an equality of votes, pursuant to Article 15.11.2° of the Constitution, I must exercise my casting vote. I voted against the question in this case, and the result of the vote is now Tá, 17; Níl, 18. I therefore declare the amendment defeated.
Terry Leyden (Fianna Fail)
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I call a vote on the Order of Business.
Paddy Burke (Fine Gael)
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That is a little premature. Is the Order of Business, as amended, agreed to?