Maurice Cummins (Fine Gael)
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The Order of Business is No. 1, motion regarding the proceeds of the sale of Aer Lingus - referral to committee to be taken on the conclusion of the Order of Business without debate; No. 2, motion regarding the Joint Committee of Inquiry into the Banking Crisis, to be taken on the conclusion of No. 1 without debate; and No. 3, the Criminal Law (Sexual Offences) Bill 2015 - Order for Second Stage and Second Stage to be taken at 5 p.m. and to adjourn no later than 7 p.m. if not previously concluded, with the contributions from group spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes and the Minister to be called on to reply to the debate no later than 6.50 p.m.

Darragh O'Brien (Fianna Fail)
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On No. 2, I hate to tell members of the CPP, "I told you so" but there was no way the banking inquiry was going to be able to do its work in the set time and many Members agreed with me at the time.

Ivana Bacik (Independent)
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It was a collective "We told you so".

Darragh O'Brien (Fianna Fail)
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It was a collective "We told you so". I do not know how this will fit in with the general election, which is proposed for between now and then. It might all be done for nothing.

I cannot agree with No. 1 being taken without debate. It relates to the disbursement of the funds from the sale of the Government stake in Aer Lingus, to the tune of €335,272,000.

Maurice Cummins (Fine Gael)
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The Senator can come back to us and we can have a debate on it.

Darragh O'Brien (Fianna Fail)
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I am aware that I can do that but I have used every opportunity to argue against what has happened to the retired and deferred pensioners in the Irish aviation superannuation scheme, the airport pensioners, many of whom have lost up to 60% of their pension. All of the retired members, people in their 70s, 80s and 90s, have lost six weeks' pay and are taking a case to Europe as we speak, having lodged a case on account of the fact that their basic pension rights have been torn up by this Government.

Using part of the proceeds of that sale would go a long way to reducing the level of cuts facing the retired members, represented by RASA, and the deferred members, many of whom have sent e-mails to colleagues in this House in the past couple of days detailing their situations. Some of them have paid into their pension scheme for 42 years but they have now been butchered to permit the sale of the Government's stake in Aer Lingus. The whole thing was a divi-up purely to get rid of the deficit in the pension scheme to sell to IAG. That has been done and the Government has moved 5,000 existing members of the scheme into an inferior pension scheme and cut the other 10,000 substantially.

At every stage available to me I will argue that we should not have sold the 25% stake but, now that the Government has done that, it is not prohibited from finding other funds to make a payment which will reduce the level of cuts suffered by the retired and deferred members of the IASS scheme. For that reason, I oppose taking No. 1 without debate. It is important the Seanad's voice is heard on that prior to it going to the committee and that ideas for the use of the funds should come from the Seanad and then go to the finance committee. That is what I want.I and my colleagues in Fianna Fáil will oppose taking No. 1 today without debate. We should have a debate and the Minister for Transport, Tourism and Sport, Deputy Donohoe, should come to the House.

Paddy Burke (Fine Gael)
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Does the Senator wish to propose an amendment?

Darragh O'Brien (Fianna Fail)
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I propose an amendment to the Order of Business that the Minister for Transport, Tourism and Sport, Deputy Donohoe, come to the House to explain what, if any, steps he is taking to reduce the savage cuts foisted on the retired and deferred pension members of the Irish Airlines Superannuation Scheme, IASS. Furthermore, I would ask him to take on board the views of the Seanad with regard to the use of the proceeds of the sale of the Government’s stake in Aer Lingus. The Leader can fit that in the bottom of the stream.

Ivana Bacik (Independent)
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Many of us raised the issue of the timescale for the banking inquiry when the matter was brought before the Committee on Procedure and Privileges, CPP. The Chair of the inquiry acknowledged that the date might be pushed back.

I welcome the announcement over the weekend that the Labour Party will propose a candidate in the Seanad by-election, following the very regrettable retirement of our colleague and friend, Jimmy Harte. I welcome the fact we have announced that we will propose Maíria Cahill. She is a really fine and wonderful candidate. I know my colleagues join me in that welcome.

I welcome the Startup Gathering. On Monday a series of over 400 events in five cities over five days started, led by the not-for-profit group Startup Ireland, supported by the Department of Jobs, Enterprise and Innovation, with the sponsorship of Bank of Ireland. I commend the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Nash, who chairs the steering committee of the Startup Gathering, and wish them well in making progress on the Action Plan for Jobs arising out of this welcome initiative. I hope we will have an opportunity soon to again debate the Action Plan for Jobs and the concept of the Startup Gathering and the events that will have taken place.

Will the Leader arrange a debate soon on the role of the Data Protection Commissioner and the issue of digital privacy following today’s judgment by the European Court of Justice, ECJ, in the action taken by Max Schrems in the case against Facebook? This is a very significant judgment. Senators are aware of the lead-up to the judgment. The Austrian privacy campaigner, Max Schrems, took a case initially in the Irish courts and then to the ECJ in Luxembourg against the safe harbour agreement, the data transfer agreement between the European Commission and the US. He won his challenge today. There will be a press conference this afternoon hosted by the Vice President of the European Commission, Frans Timmermans, on the implications for the EU of this judgment. It will also have implications for Ireland. The matter is being remitted to the High Court here. The Data Protection Commissioner here has welcomed that move and the clarity offered by the ECJ. It has implications for the overall issue of data sharing between the EU and the US. I would like us to have a debate on that when the matter has been dealt with in the High Court.

I strongly condemn the dreadful attack on Kunduz Hospital in Afghanistan which killed staff of Médecins Sans Frontières, MSF, and patients. There were approximately 22 people killed, apparently by US airstrike. I join with others in calling for a full and transparent investigation into the circumstances of what MSF has described as a war crime.

Sean Barrett (Independent)
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I congratulate the Nobel Prize winner, William Campbell, a native of Ramelton, County Donegal. He studied at Campbell College, Belfast, and Trinity College Dublin, TCD, where he graduated in zoology in 1952. His work and that of his colleague, Professor Satoshi Omura, has been praised by the Minister for Health because they developed medicines to kill parasites and have been active in promoting the sale of low-priced drugs for Third World countries. I presume this will be celebrated in both places. There is no need to change the name of Campbell College to celebrate the Nobel Prize winner. TCD gave him an honorary degree two years ago, so somebody on the committee was fairly good at anticipating great developments.Professor Campbell begins each lecture, no matter where in the world he delivers it, with a slide of The Mall, Ramelton, to remind him and the audience of where he comes from. I also found that humility with Ernest Walton who was especially concerned, in his time as a Nobel Prize winner, with the fact that physics was not taught widely in girls' schools and, therefore, provided extra tuition. There is a humility in both Noble Prize winners, which is commendable. Our Nobel Prize winner is aged 85 years and, therefore, will support Senator John Crown's Bill to abolish the retirement age. Let us hope we are all winning Nobel Prizes at that age.

The Trans-Pacific Partnership is not just a trade deal, as it addresses environmental and labour considerations, including International Labour Organization standards, minimum wage requirements, and ensures they are actionable within the terms of trade. That is a huge advance on traditional trade agreements and something we might note in future agreements involving this country.

With regard to the banking inquiry, we might have made the timetable, but the whistleblower required the absorption of the secretariat in dealing with the whistleblower investigation, but I hope the report will be worth waiting for in January, given the additional time required.

Fiach MacConghail (Independent)
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I would like to say a few words about the recent death of Brian Friel, the master and a giant of world theatre. I understand time can be set aside for Members to pay tribute to great leaders of our nation, of whom Brian Friel was one. Will the Deputy Leader set time aside to pay tribute to him? Brian Friel was a Senator in the 18th Seanad between 1987 and 1989, as a Taoiseach's nominee. He has the record of not having spoken a single word. For such a prolific writer, he kept his own counsel and never said one word in the Chamber during this period. Is binn béal ina thost. He was born in Omagh, County Tyrone in 1929. His working relationship with the Abbey Theatre and other theatres dated back to 1962 when "The Enemy Within" had its world premiere. Other premieres at the Abbey Theatre included "The Freedom of the City", "Volunteers", "Living Quarters", "Aristocrats", "Dancing at Lughnasa", "Wonderful Tennessee", "Give Me Your Answer, Do!" and, of course, "The Loves of Cass Maguire" and "Faith Healer".

Brian Friel began his career as a short story writer, but his play, "Philadelphia, Here I Come!", revolutionised Irish theatre. Plaudits followed over the course of a long and prolific theatre career in the form of the London Evening Standard Award for "Aristocrats" and again for "The Home Place" in 2005, which was staged at the Gate Theatre, a Tony award in 1992 and an Olivier award in 1991 for the massively successful "Dancing at Lughnasa", as well as a lifetime achievement award from The Irish Times. He was also a Saoi in Aosdána. As a co-founder of the Field Day Theatre Company in 1980, he worked with a number of other seminal artists, including Seamus Deane, Stephen Rea and Tom Kilroy, to provide a theatre company for Northern Ireland and particularly for Derry in the middle of the Troubles. It opened with a premiere of another extraordinary seminal play, "Translations". His legacy is a collection of plays which interrogate language, family, religion, history and our concept of what it means to be Irish. These works will resonate with future generations.

I consider Brian Friel to be one Ireland's greatest nation builders who forensically interrogated and challenged the establishment of the Republic of Ireland. He understood the power and ambiguity of memory in developing a sense of who we are as a people and a nation. His work constitutes a living, evolving history of Ireland. Here was a playwright who was striving to ensure the past never became fossilised and deeply aware that it was not the literal past, the facts of history, that shaped us but images of the past embodied in language such as in "Translations". His loss is deeply regretted not only by his family, including his wife, Anne; son, David; daughters, Sally, Mary and Judy, but also his friends and colleagues across all theatres in Ireland, Britain, elsewhere in Europe and the United States, from Broadway to Los Angeles and from Ballybeg, the mythical site of Glenties where all his work was based, to the Abbey Theatre. However, in his own words, we are now invited to a place where words are no longer necessary.

Terry Brennan (Fine Gael)
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I welcome the recent launch by the Minister for Foreign Affairs and Trade of the Irish passport card which can be used in 30 EU countries.This innovation will allow Irish citizens to travel within all 30 countries of the European Union and also within the European economic area. Adults who already hold a valid passport book are eligible to apply for this new card. It will fit into a wallet or a purse, which is very handy. The Passport Office is now open for online applications for this new card.

I take this opportunity to commend our Naval Service on its migrant rescue mission in the Mediterranean. I understand its mission is due to be suspended from early December, when the Mediterranean will be much rougher and stormy weather will prevail. I do not think the boats carrying migrants will cease to travel. They will continue to be launched and migrants' safety will be threatened.

I commend the three naval ships, the LE Eithne,which I had the opportunity to visit when it was berthed at Greenore Port some 18 months ago, the LE Niamh and the LE Samuel Beckett. Since these naval ships were deployed to the Mediterranean, in excess of 7,500 people have been saved. Unfortunately, however, far too many migrants did not survive and many bodies were found. I ask the Minister to keep an eye on the situation and to consider providing for our rescue mission to re-enter the Mediterranean, as I believe boats carrying migrants will continue to travel over the rough seas and fatalities will occur.

Paschal Mooney (Fianna Fail)
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I second the amendment to the Order of Business proposed by our leader in the House, Senator Darragh O'Brien.

In response to Senator Bacik's reference to the forthcoming Seanad by-election, I wish to put on record that it is the intention of the Fianna Fail Party to present the electorate with a candidate about whom I am very pleased. I also wish to place on record the fact that while we all have enormous admiration for Maíria Cahill, whom I have had the pleasure of meeting on a number of occasions in the House, as a brave and courageous woman, we, as a political party, believe that it is serving the democratic process at its most effective to present the electorate with alternative choices. Obviously, there will be further details forthcoming in that regard.

I also wish to place on record my condemnation - I am sure those on all sides of the House would agree with me on this - in respect of last week's attack on two Israeli parents who were driving in their car with their children. Effectively, these people were assassinated or executed in front of their two children. There has been very little international reaction to this incident. I suppose I should not be too surprised because there is an overwhelmingly pro-Palestinan sentiment in this country that is fuelled by certain elements within the media. All I have ever attempted to do here is not to take sides but rather to present an alternative view to that which is sometimes aired in this House.

Rónán Mullen (Independent)
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Fair play.

Paschal Mooney (Fianna Fail)
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I firmly believe that the only solution to the Middle East problem between Israel and Palestine is a two-nation formula. I utterly and completely condemn the actions of the IDF on many occasions, particularly in the context of the massacres that took place in the West Bank and Palestine last year. My credibility in that regard should not be questioned in any way. It is right and proper that whenever there are issues to be raised in respect of both sides, a balance should be struck. I sometimes fear that there is not a complete balance in this House when it comes to issues relating to the relationship between Israel and Palestine. I raise this matter because I am sure people on all sides will utterly condemn this terrible attack. Can Members imagine an innocent couple with two of their children in the back of the car driving along a road and then being stopped and shot dead in front of those children? It is terrible and it is an indication, perhaps, of the sad descent into violence that has happened in terms of the relationship between Israel and Palestine.All one can do is pray and hope. I am sure the Leader will convey to the Minister, Deputy Charles Flanagan, that we in Ireland will continue to promote peace between both factions. I have always admired the Government’s stance of supporting the two-state solution to the Israel-Palestinian problem. In the past, my party’s spokesperson on foreign affairs, Deputy Brendan Smith, has highlighted, and will continue to do so in the future, the need to strike a balance and that, as a country which has its own colonial history, we do not condemn one side without taking account of the other.

Paddy Burke (Fine Gael)
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The Senator is way over time. I call Senator Moloney.

Marie Moloney (Labour)
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I add my voice to Senator Bacik’s welcome for the nomination of Maíria Cahill for the forthcoming Seanad by-election. She will contest a selection convention in the Labour Party, should there be other nominees. If she is successful, or if there is no other nominee, then she will go on to contest the by-election. I welcome Senator Mooney’s announcement that Fianna Fáil will be putting up a candidate too. Of course, it must put up a candidate; that is democracy at its best. We will be ready and able for that challenge.

I welcome the work done by the Minister of State, Deputy Nash, for workers’ rights and for the unemployed. He has fought tirelessly on these issues, issues on which I have worked with him. He has delivered on the Low Pay Commission, the joint labour committees, the employment regulation orders, the Workplace Relations Commission and the Startup Gathering 2015. I welcome what he has done to date in these areas.

When I first became a Senator, I moved a motion on domestic violence which received cross-party support at the time. As it was in the early days of the Government, funding was an issue at the time. It was impossible then to get extra funding for any service relating to domestic violence. I was saddened last week to read about the Tallaght women’s refuge which is expected to close by Christmas. This is a worrying issue. This service helps people from the very rich to the very poor. It does not matter how much money one has. If one has to flee home in the middle of the night with one’s clothes on one’s back, one will still need somewhere to go. I would prefer to see these services enhanced and funded rather than eroded. These services are vital, particularly for women. I ask Members, particularly women Members, to stand up and fight the closure of this refuge centre, as it is vital for women. While it is considered a second stage refuge centre, where those out of immediate danger move on to, they still have nowhere to go. Will the Leader make representations to the Minister, Deputy Reilly, on this issue and ensure it does not close?

Paschal Mooney (Fianna Fail)
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I just want to correct the record. There were four children involved in the unprovoked attack to which I referred earlier. They were nine years of age, seven years of age, four years of age and a four month old baby.

David Norris (Independent)
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With regard to the forthcoming Seanad by-election, the selection of the candidate, Maíria Cahill, is an internal matter for the Labour Party. It can do whatever it likes. She is a fine person but the election is a complete farce with only 100 voters. It is not even an election because Fine Gael has withdrawn from it. It is an own goal for the Labour Party. It is a nomination, not an election at all.

Marie Moloney (Labour)
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The last by-election was not an own goal.

David Norris (Independent)
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It was an own goal. Senator Moloney is damn right. It was a goal against Fine Gael’s goalkeeper.

Marie Moloney (Labour)
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This is not an own goal.

David Norris (Independent)
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The Senator should go and join the National Museum board.

Marie Moloney (Labour)
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Senator Norris cannot have it both ways.

Paddy Burke (Fine Gael)
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Senator Norris, without interruption.

David Norris (Independent)
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I am horrified, as I am sure everybody else here is, by reports today that an 11-year old boy has been arrested in America for the murder of an eight-year old girl with his father's shotgun. One looks at what President Obama is trying to do, but the appalling National Rifle Association is stymying all of his efforts.

With regard to the date for the general election, I always believed when the Taoiseach said he would hold it in the spring that he would live up to his word. I look at the repercussions, for example, for the banking inquiry where my colleague, Senator Sean D. Barrett, has played such an important role. That would all be down the drain if the Government was to go in November.

Like the Senator Ivana Bacik, I welcome the judgment of the European Court. I opposed the measure when it was introduced in this House. I was one of very few Members to do so, but nowadays, with the kind of technology available, people are spying on everybody else all the time. They can photograph others from space in a remote location. I have had my telephone bugged. However, I do not say anything in private that I would not say in public, which sometimes has got me into trouble; therefore, let them just listen, but I do think citizens' rights were impinged on in the legislation. I felt so at the time and thought the transfer of information to the United States was completely and utterly wrong. I hope something will happen as a result of the judgment.

Michael Mullins (Fine Gael)
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I join Senator Ivana Bacik in condemning the appalling bombing of the hospital in Afghanistan over the weekend, with the appalling loss of life, including the deaths of workers with Médecins Sans Frontières, whose only interest in being there was to help people and save lives. It is an appalling war crime that must be independently investigated by an international body and there must be consequences. It is absolutely appalling when such indiscriminate bombing takes place. We must have a discussion on what is happening in Syria, the escalation in bombing by the Russians and the dreadful situation there that seems to have no ready solution.

The decision of the courts in Egypt over the weekend to postpone the mass trial that involves an Irish citizen, Ibrahim Halawa, is very much to be regretted. It is a mass trial in which more than 400 people are involved, but because two people were unavailable to attend, the entire trial was postponed. That says a lot about the justice system in Egypt. I very much applaud and thank the consular service for the support and help it is giving Ibrahim and the very frequent visits it is making to him. I welcome the pressure and involvement of the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, in trying to have this young man released. He should be at home with his family and back in college, pursuing his education. It is truly shocking that he has been incarcerated for almost two years, even though he has not been charged with any crime. It is heartbreaking to see his sisters outside Leinster House again today, protesting and keeping the issue on the agenda. As parliamentarians, it is incumbent on all of us to ensure we keep the issue highlighted and that the Minister for Foreign Affairs and Trade continues to give Ibrahim support and keep pressure on the Egyptian authorities to release him.

David Cullinane (Sinn Fein)
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This is the first opportunity I have had to offer my best wishes to former Senator Jimmy Harte who has retired. On behalf of Sinn Féin, I wish him continued success in his recovery. We all hope he will recover fully. It was untimely and dreadful that his time in the Seanad was cut short. He was a very able Senator and we had many exchanges across the floor, as Members know, but we were always very fond of him as a Senator who represented a constituency that needed strong representation. I wish him the very best and continued success in his retirment. It is important also, regardless of whether it is a farce, as it has been described by some in the Chamber, that there be a Seanad by-election.There may be a number of candidates from different groupings and I wish all of them the very best. I acknowledge that Fianna Fáil will also put up a candidate. All elections should be contested and I wish all the candidates in that election the very best.

I welcome the suspension of the strike action by the Communication Workers Union regarding An Post and IO Systems. We now have some breathing space for negotiations that are taking place as we speak. Some fundamental issues have been raised. IO Systems first got a three-year contract in 2003. Pay reductions were introduced in January 2011, which followed a Labour Court finding. Both sides agreed to this and it was binding. The most recent contract was signed in September 2013 and following that, further pay cuts were sought by IO Systems. Talks between IO Systems, the Communication Workers Union and the LRC failed to reach agreement. IO Systems proceeded anyway and introduced its so-called new pay and roster arrangements which meant a cut in pay for some staff. As we know, this resulted in strike action on 1 October.

What is interesting and very worrying is that we almost had the complete closure of the entire postal service in the State. How did that happen? The Minister for Communications, Energy and Natural Resources, Deputy White, told the Dáil last Thursday that An Post had a contingency plan to deal with any dispute. According to the Communication Workers Union, that contingency plan included closing the entire service. Was the Minister aware that the contingency plan included closing the service? Did he give the nod to that? These questions need to be answered. If he was not aware of that, it surely raises questions about senior management in An Post failing to give information to the Minister when he made his statement to the Dáil. Irrespective of those questions that the Minister needs to answer, I hope the negotiations result in agreement on the substantive issues.

I ask the Leader to raise those questions with the Minister. If he is not in a position to do that, the Minister should come to the House to answer the questions that should be put by the Opposition and there are genuine questions from our perspective.

John Kelly (Labour)
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I call for a debate on the proposed amalgamations the statutory committee to review local government boundaries is considering. It is proposed to merge Monksland in County Roscommon with Athlone and County Westmeath. As ratepayers in Monksland contribute significantly to Roscommon County Council, there would be a massive loss to Roscommon County Council's coffers if this was to happen. I know that Councillor Tony Ward and many others have made submissions to the statutory committee, but submissions always seem to fall on deaf ears. We have had experience of that with submissions on wind turbines and pylons in the past and this smells like it is a done deal.

In this particular case from a sporting perspective this could decimate two of County Roscommon's top clubs, St. Brigid's, former all-Ireland champions, and Clann na nGael. It is important to bring the Minister to the House to discuss with the elected Members the ramifications of any proposed changes to these boundaries.

We can look at the experience of this issue. Two areas from County Roscommon have amalgamated with Westmeath County Council and have been consistently neglected over the years. There are 45 closed shop units with no investment in the area. The fear is that something similar would happen here. If any proposal comes before us to merge Monksland with Westmeath between now and the general election, I will vote against it. If I get elected in the general election, I will vote against any statutory committee proposal that would decimate south County Roscommon, which I regard as nonsense.

Jim Walsh (Fianna Fail)
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It is not just south County Roscommon, but the whole of rural Ireland that is being decimated. It is one of the major failures of the Government.

I agree with Senator Mullins's comments on Ibrahim Halawi. It is a disgrace and sad reflection on the justice system and on the Administration of President el-Sisi in Egypt that once again Ibrahim Halawi has been incarcerated because of the failure of the legal system there.I also join with the Senator in condemning the bombing of the hospital in Afghanistan. The US has previously chastised the Russians for what they were doing in Syria. The bombing of the hospital in Afghanistan by a US military aircraft is, in my opinion, a resigning matter at some level within the US Administration. We have not seen or heard anything in that regard.

What we have been hearing recently about NAMA, in particular its proposed sale for €1.1 billion to €1.5 billion of loans which it purchased for €31 billion, is alarming and warrants debate in this Chamber. The private equity companies and others who are buying those loans are making 50% to 100% profit on some of those loans. This is the result of a failure by the State to properly set targets. I believe NAMA should be seeking, at a minimum, a 50% return on that investment.

On the Seanad by-election, I have no doubt it will be overtaken by a general election. It appears very obvious now that the Taoiseach is set to cut and run. Despite the best wishes of the Labour Party, it will be cut adrift to stormy political waters within, probably, the next two to three weeks.

The self-congratulatory comments from the Government benches, of which I am sure we will hear more over the next few weeks and during the election campaign, ring very hollow to the many people who have been badly affected by the failures of this Government in particular. The situation in relation to the banking inquiry, which was mentioned by Senator Norris, is a good reason to call a general election now. The establishment of that inquiry was a political ploy by Government. I would welcome a debate on that.

This Government has also failed to bring about any public service reform. Irish Water speaks for itself. The people will give their verdict on it when approached on the doorsteps. Homelessness is now at an unprecedented level and measures to tackle burglaries have been a complete failure. The current Minister for Justice and Equality, Deputy Fitzgerald, and her predecessor, Deputy Shatter, have been two of the worst Ministers for Justice in the history of this State, yet they are being applauded by Members on the Government benches for all they have done.

We also need a debate on the issues of bankruptcy and insolvency. Repossessions are being ratcheted up. This Government is running to the public now in order to avoid any fall-out from its failure to manage the banks whose actions resulted in the crash of the banking sector.

Mary Moran (Labour)
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I, too, welcome the nomination by the Labour Party of Maíria Cahill as its candidate in the Seanad by-election. I have already made known my views on her suitability in that regard. She would be a great asset to the Seanad. I welcome also the Fianna Fáil announcement that it, too, will be nominating a candidate, which is very good for democracy.

This Saturday is Positive Mental Health Day. In many places this week has been Positive Mental Health Week, in respect of which a number of events have been organised around the country. In my own town of Dundalk, events such as a walk, coffee mornings, art exhibitions and cookery classes have been used to promote what people can do to ensure positive mental health.

I welcome the launch last Friday at Farmleigh of the comprehensive employment strategy for people with disabilities, the introduction of which I have worked on consistently for some time. The strategy seeks to address difficulties experienced by people with disabilities when it comes to accessing and maintaining employment. While I welcome publication of the strategy, for which we have been campaigning for the past year, it is important it is acted on now and implemented swiftly so as to ensure that people with disabilities, who can and want to gain paid meaningful employment, can do so with the supports that are necessary. I also wish to mention the fact that Our Lady of Lourdes Hospital is once again in the news as a result of having 41 patients - the highest number in the country - on trolleys. The news that broke in the past week alone in respect of what has happened at that hospital really needs to be addressed. I call on the Minister for Health, Deputy Varadkar, to come before the House to address the issues that arise, including those relating to data protection and the fact that medical notes were found strewn across the road in Drogheda last year, and the unannounced HIQA inspection in respect of the danger of legionnaires' disease.

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

Mary Moran (Labour)
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The Louth Hospital in Dundalk was downgraded to ensure that Our Lady of Lourdes Hospital would become a centre of excellence. It is now recognised as probably the worst hospital in the country. The latter is in no way due to the staff, who are excellent.

Rónán Mullen (Independent)
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I am very much in agreement with what Senator Norris had to say about the Seanad by-election. I wish Maíria Cahill and other candidates well. No doubt they are very worthy individuals but it is disturbing that the timing of elections seems to be a tool of party political consideration. Whatever her merits, the nomination of Ms Cahill is obviously aimed at Sinn Féin. Indeed, the Government is speaking out of both sides of its mouth about when it is going to hold the general election.

Mary Moran (Labour)
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That is not true. The Senator cannot surmise about matters in that way.

Rónán Mullen (Independent)
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It would serve the public better if there was not this pretence that it is all going to be in the national interest, when it is really about party political jostling. I say that with no particular axe to grind regarding when the general election will be called.

As somebody with a personal interest in the care of people with dementia and Alzheimer's disease, it was an honour to attend the pre-budget briefing held by the Alzheimer Society of Ireland last week. When home in Galway recently, I encountered a person who is caring for somebody with Alzheimer's. When the discussion about extra care came up, the helpful local health board representative asked the carer "Would you consider putting him into respite for a week?" The carer found this very upsetting because the person in question would not be fit for that and would find it extremely disorienting. Whereas she realised that the health board official was seeking to be helpful, she felt all the more lonely that her particular situation was not understood. Cases such as this underline what the Alzheimer Society of Ireland and others are saying when they talk about the need for intensive, dementia-specific care in the community. In fact, they are talking about funding such provision beyond the eight current pilot sites to all local health office areas, which would cost approximately €320 million. Of the order of €1.69 billion is currently spent on caring for people with dementia, but most of that is spent on nursing home care when in fact such care should be the last resort. It is important to have care in the community and that people are assisted in living and being cared for at home. That requires supports, including people who understand the evolving situation that having dementia or Alzheimer's involves being brought in. The care on offer should be specific to the condition of the person. With all the pre-budget and pre-election talk, I hope that care in this important area is something the Government will take seriously. It should listen to the Alzheimer Society of Ireland and provide funding to meet the need that exists in this area.

Jim D'Arcy (Fine Gael)
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I support the request made by Senator Mac Conghail for tributes to and statements about Brian Friel in this House. I recall attending the first production of "Dancing at Lughnasa" in the Abbey Theatre and I walked out stunned. It was something completely new and revolutionary. There was a statement there which is still ringing in my head all these years later. Mr. Friel was a prolific writer whose plays included "Translations" and "Philadelphia, Here I Come!". He wrote 24 plays and many other learned pieces.Bearing in mind that he, John Hume and Seamus Heaney attended the same college in Derry, it shows how close we are on this island. They all considered themselves to be Irish and we consider them to be great Irish people. Taken together with our new Nobel Prize winner, we have great people in the North of our island and should be very proud of them.

Gerard Craughwell (Independent)
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Go raibh maith agat, a Chathaoirligh. I join with colleagues who have spoken about the forthcoming election to the Seanad. I agree with what Senators Norris and Mullen had to say. We debase ourselves in this House in the way we allow elections to take place. It is a foregone conclusion before it has even started. Indeed, it has been in the public domain, put there by members of----

Paschal Mooney (Fianna Fail)
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Not in Senator Craughwell's case. He jumped through the gap.

Marie Moloney (Labour)
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He would not be here.

Paddy Burke (Fine Gael)
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Senator Craughwell without interruption.

Gerard Craughwell (Independent)
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As one of my colleagues on the other side of the House said, somebody kicked an own goal and that is the only reason I am here. The bottom line is that I do not believe Fine Gael will put up a candidate. I compliment Fianna Fáil and hope Sinn Féin will consider it. Indeed, if there is a person who is independent and is looking for a signature, my signature is here waiting.

I believe the candidate who is now nominated is a worthy person. She has been through a lot in her life and is highly articulate. Like any other victim of abuse who is equally articulate, she would be a great asset to this House. I will welcome her when she comes here.

I ask the Leader to establish how it was that the National Monuments Service allowed the destruction of over 75% of a bronze age road in Mayne bog in Coole in County Westmeath. We had some debate here about the Beit collection previously. It appears the company in question in this instance was trying as hard as it could to comply. No instruction came from the National Monuments Service or Dúchas; nobody told the company what it could not do so it ripped up an archaeological site. It is outrageous.

Lorraine Higgins (Labour)
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I call on the Minister for Justice and Equality to come to the House to have a debate on rural crime. I wish in particular to discuss why many of the recent criminals robbing and plundering rural Ireland have not been disqualified from driving. Section 27(1)(a) of the 1961 Road Traffic Act provides that where a criminal has used a mechanically propelled vehicle in the commission of a crime or an offence, he or she can be disqualified from driving. This has not happened to any of the ringleaders imprisoned recently, who were responsible for a spate of burglaries, robberies and assaults.

It is not good enough to do nothing about this. We should try to curtail the freedom of movement of these criminals in more ways than one. The law is being under-utilised by our legal officers. I feel strongly that the DPP should throw the book at these thugs and put forward charges of disqualification against every criminal using a car in the commission of their crimes.

If we are serious about combatting rural crime, it is imperative that we use the legal infrastructure that is already in existence to punish those who rob and plunder our rural communities. We should also consider amending this legislation so that we can include a further provision that any criminal who is a passenger in a car and is intent on being an accessory to a crime could also be disqualified from driving. Unless we introduce hardline deterrents for all these criminal gangs, we will lose the battle with crime in rural Ireland.

Fear is pervasive in every town in my constituency - I am sure it is the same across the country - from Athenry to Dunmore, Loughrea and Gort. The Garda is working hard but our laws need to be more hardline. We need to deter criminals and cut them off from their market, which is rural Ireland. At the same time we must offer solace to those who are living in their homes in fear. As rural dwellers, we deserve nothing more but certainly nothing less than that. I ask that the Minister for Justice and Equality come into the House so that we can have a proper discussion about why section 27(1)(a) is not utilised more often in our courts.

Trevor Ó Clochartaigh (Sinn Fein)
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Senators may remember that last May we had the unprecedented sight of psychiatric nurses marching outside University Hospital Galway due to a dispute over staffing levels. An engagement took place with management and a resolution was agreed and promised. Unfortunately, we are back to a situation where those promises have not been delivered upon and there was a crisis scenario in University Hospital Galway at the weekend when there was a shortage of psychiatric nurses in the acute unit, putting the lives of the nurses and patients in jeopardy. I have spoken to nursing representatives this morning who are extremely angry at what has happened. They feel no move has been made to try to move the psychiatric patients and the staff into the new unit at the hospital which is lying idle because of inexplicable delays and the nursing quota has not been put in place.

This is in the broader scheme of mental health services in Galway-Roscommon which are also in crisis. We have seen a reshuffling of management in that area recently. We have seen scandals in Roscommon but they all come back to the management of the service overall. Much of the pressure in UHG is due to the closure of the facility at Ballinasloe. When the facility at Ballinasloe was closed there was a promise that a community service with up to about ten nurses would be put in place to deal with people in the community but that has not been delivered upon. I ask that the Minister of State at the Department of Health, Deputy Kathleen Lynch, come to the House to look specifically at the issues around Galway-Roscommon which are in absolute chaos as nobody appears to be managing the services. When the Psychiatric Nurses Association, PNA, was trying to contact management at the weekend in respect of UHG, the management which is responsible for putting nurses into the unit was nowhere to be found. It is disgraceful. This put lives in jeopardy at the weekend and the position does not appear to be improving, so we need the Minister of State, Deputy Kathleen Lynch, to come to the House. I hope it is only a Galway-Roscommon issue and not a nationwide issue. Certainly it is at crisis point and needs to be dealt with as a matter of urgency.

Maurice Cummins (Fine Gael)
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Senator Darragh O'Brien has opposed motion No. 1, re Aer Lingus, being referred to the committee. I was trying to explain to him that it will be referred to the committee and will come back to the House to be discussed at that stage. I appreciate Senator O'Brien's position on the matter but I certainly cannot accede to his request for an amendment to the Order of Business, as proposed.

Senator Bacik and several other Senators raised the issue of the Labour Party proposing to nominate Maíria Cahill to contest the Seanad by-election. We have had many people speak about whether we should have a Seanad by-election. In the past people have been appointed for two or three weeks without by-elections. This is a democratic process and-----

Diarmuid Wilson (Fianna Fail)
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Sometimes it can go wrong and we can end up with-----

Maurice Cummins (Fine Gael)
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It is quite true that we have had people appointed for two or three weeks after a general election to take up Seanad positions.

Diarmuid Wilson (Fianna Fail)
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Is the Leader confirming that will not happen; that was in the past?

Maurice Cummins (Fine Gael)
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I am only saying that is what happened, so we certainly should not be afraid of a by-election in this regard.

Darragh O'Brien (Fianna Fail)
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We are not afraid.

David Norris (Independent)
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A couple of hundred voters all know what to do.

Maurice Cummins (Fine Gael)
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I am sure we will elect a very good person to represent them because-----

David Norris (Independent)
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Senator Cummins knows very well we will elect.

Maurice Cummins (Fine Gael)
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-----we still have about four months to go before an election.

David Norris (Independent)
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Hear, hear, well said.

Paschal Mooney (Fianna Fail)
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Do not be trying to fool the Labour Party.

Maurice Cummins (Fine Gael)
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I can assure the Senator that we have at least 28 Bills to pass by Christmas so we will have a very busy time.

Gerard Craughwell (Independent)
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The Senator is rowing back-----

Maurice Cummins (Fine Gael)
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Whether we come back after Christmas is another matter but I can assure the Senators we will be here-----

Gerard Craughwell (Independent)
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-----another three weeks.

Maurice Cummins (Fine Gael)
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-----until 2016 before we have a by-election.

Paschal Mooney (Fianna Fail)
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I hope the more excitable elements of the Irish media will pick up on those remarks.

Maurice Cummins (Fine Gael)
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I am glad to clarify that matter to the best of my ability.

Darragh O'Brien (Fianna Fail)
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That is 2016-----

Maurice Cummins (Fine Gael)
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However, Senator Bacik mentioned the Startup Gathering and the Action Plan for Jobs and called for a debate. We will have a debate on Horizon 2020 on Thursday. Senator Norris and other Senators were in agreement about citizens' rights and data protection in terms of today's decision by the European Court of Justice. I am sure we will hear a lot more on that matter and that when the time is appropriate, we can debate it in the House.

Senator Mullins and others joined with Senator Bacik in condemning the bombing of the hospital in Afghanistan. It was a dreadful incident in which so many people were killed. There is definitely a need for an inquiry in that regard.

Senator Barrett congratulated William Campbell, the Nobel Prize winner. I am sure we all wish to compliment Professor Campbell on his wonderful award. The Senator also noted the trans-Pacific trade agreement and the issues involved in that regard. Perhaps we will have time at a later date to discuss the matter, especially in regard to the European and US trade agreement, which has been mooted also.

Senators Mac Conghail and Jim D'Arcy mentioned the sad passing of Brian Friel. The Senators paid fitting tributes to a man who was certainly a giant of theatre and a wonderful playwright. I would like to extend my condolences and those of the House to his wife, family and his extended family in the arts community in Ireland and abroad. It is customary to pay tribute to former Senators at a later stage and we will try to arrange for same.

Senator Brennan welcomed the new biometric passport that has been announced. He also complimented the Naval Service on its work in the Mediterranean. Senator Mooney notified the House about the four Israeli children that were murdered and he outlined the need for a two-state solution in the Middle East. Certainly, both Senator Mooney and all Members of the House condemn all violence on all sides in this dispute.

Senator Moloney complimented the Minister of State, Deputy Gerald Nash, on his work in his Department. She also made a point about the closure of a women's refuge. Perhaps she might table the issue as a Commencement matter. Senator Norris referred to the arrest of a 12-year old child for the murder of an eight-year old child in the US. He again outlined the futility of the gun laws which exist in the United States of America. It is incomprehensible to people in other countries that such laws should exist.

Senators Mullins and Walsh mentioned Ibrahim Halawa and the ninth postponement of his trial. They agree that this is an appalling position for an Irish citizen to find himself in. The Minister for Foreign Affairs and Trade is doing everything possible to secure the release of Ibrahim Halawa. Let us hope he will be released sooner rather than later and that he can be returned to his family.

Senator Cullinane welcomed the suspension of strike action which brought postal services to a standstill in recent days. He also wished the negotiations well. I am sure the Minister is on top of his brief in this regard. Senator Kelly rejected the amalgamation of electoral areas in Roscommon and Westmeath. I am sure we will have an opportunity to discuss the matter when there is legislation in that regard. Senator Walsh mentioned NAMA, which has been debated extensively in committee. I do not think this House should duplicate the efforts of the committee. The Senator also chose a number of issues on which he hopes that the next election will be fought on.Senator Moran talked about promoting Positive Mental Health Week, which is laudable as it is a very important subject. She also welcomed the employment strategy for people with disabilities, which was announced last week. In respect of her question about Our Lady of Lourdes Hospital, perhaps she could put the matter down for a Commencement debate. It could then be discussed and she could get the relevant information from the Minister.

Senator Mullen spoke about Alzheimer's disease and dementia. I agree with the Senator that care in the home is the most important thing we have in this area and I note his points. Senator D'Arcy paid tribute to Brian Friel on his work and Senator Craughwell wondered why the National Monuments Service did not intervene in regard to the archaeological site in the midlands. Perhaps he could also put down the matter for a Commencement debate so that he could ask the Minister himself.

Senator Higgins said a driving disqualification should be mandatory for a burglar who uses a car and called for more effective laws in this regard. The Minister has indicated that she will be bringing a burglaries Bill before both Houses in early course. I am sure those points can be made at that time.

Senator Ó Clochartaigh raised the plight of psychiatric nurses and services in Galway-Roscommon. Again a Commencement debate might be appropriate.

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 Transport, Tourism and Sport on the reduction in the pension entitlements of airport pension scheme members be taken today."