Maurice Cummins (Fine Gael)
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The Order of Business is No. 1, Houses of the Oireachtas (Appointments to Certain Offices) Bill 2014 - Report and Final Stages, to be taken at 1 p.m. and adjourned not later than 2 p.m., if not previously concluded; No. 2, statements on broadcasting and media in Ireland, to be taken at 3 p.m. and conclude at 5 p.m., with the contributions of 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 not later than 4.55 p.m.; and No. 72, Private Members' business, non-Government motion No. 20 re State Claims Agency, to be taken at 5 p.m., with the time allocated for the debate not to exceed two hours.

Darragh O'Brien (Fianna Fail)
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Is the Houses of the Oireachtas (Appointments to Certain Offices) Bill 2014 being brought back with Government amendments?

Maurice Cummins (Fine Gael)
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I am not privy to that at all.

Darragh O'Brien (Fianna Fail)
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Even at this late stage.

Maurice Cummins (Fine Gael)
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The Senator will have to wait and see.

Darragh O'Brien (Fianna Fail)
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To remind Members, we had a fruitful debate on this legislation and the Leader acceded to a request to separate the different Stages of the Bill to allow the Government time to consider some of the points put to the Minister about setting a term limit to be applied to certain senior posts in the Oireachtas. I will be interested to see what will happen when the Bill is taken at 1 p.m. May I assume that the debate on the Bill will not be guillotined if we require more time to deal with it? Will it be adjourned?

Maurice Cummins (Fine Gael)
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I used the word "adjourned," but we hope to finish the debate within the hour, as there is very little in the Bill. As the Senator can see, there is another hour that could be allocated. We will, therefore, have extra time, if we need it.

Darragh O'Brien (Fianna Fail)
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I thank the Leader.

Irish Water's seven-year plan will require to be debated once people have had an opportunity to read it. Some of the figures on which it is based lead one to believe it is merely an aspirational document rather than something that can actually be achieved. For example, it suggests there will be an 80% compliance rate and that €2 billion will be raised through water charges and taxes. There is also a good deal in it about investment in water infrastructure, which we all want to see. We could, therefore, have a reasoned debate on the matter, for which time should be set aside in the Seanad schedule. I am aware that the Budget Statement will be coming up for discussion shortly, but this is a very important issue and we do not all agree on the Government's approach. Members need an opportunity to go through the plan in order that we will be able to debate it with the Minister to see what the Government's plans are.

Before the House rises, whenever that may be - I take at face value the Leader's words yesterday that he thinks we will be here until next year - there is a need for another full debate on housing, not just homelessness, in respect of which there has been a complete failure. Homelessness figures in Dublin and around the country have doubled since the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, set up his task force over 12 months ago following the tragic death of Mr. Jonathan Corrie which spurred the Government into taking some action. It is not just a Government issue. From reports of the Committee of Public Accounts, local authorities have actually refused housing offered by NAMA. All of these issues need to be teased out. We also need to look at the people who will be made homeless by virtue of the land and conveyancing Act which the Government passed over two years ago and which makes it easier for banks to repossess homes.Over 6,000 civil bills, which mark the commencement of repossession proceedings against homeowners, were issued in the past two quarters. These issues need to be teased out. This situation has reached crisis point but the Government continues to limp towards a general election without doing everything possible to protect homeowners. It must ensure every option to enable homeowners to remain in their homes is explored, regardless of whether the banks take ownership of them. There is a need for a fulsome debate on this issue with the Ministers for the Environment, Community and Local Government and Finance. It should not be forgotten that it was the current Minister for Finance who watered down the protections in place for homeowners under the code of conduct on mortgage arrears. This Government tore the previous code of conduct asunder and made it easier for the banks to repossess people's homes and that is what is happening.

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

Darragh O'Brien (Fianna Fail)
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We need to know what is being done in this instance. The Government needs to address these points and show that something is being done. For all the positive spin on some good work that has been done - let us give credit where it is due - this Government will be known as the Government of repossessions. This Government has allowed the banks to repossess people's homes. It facilitated this through the introduction, by the former Minister for Justice and Equality, Deputy Shatter, of the Land and Conveyancing Act, which was supported in this and the Lower House by Fine Gael and the Labour Party. That legislation, which has been referred to outside this House as the "evictions Act", has been the main driver of home repossessions.

Ivana Bacik (Independent)
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Most people in Ireland are clear on which Government set the scene for repossessions-----

Darragh O'Brien (Fianna Fail)
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The current Administration introduced the relevant law.

Ivana Bacik (Independent)
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-----and brought about the conditions under which this country had to enter a troika programme. We are all very clear on that point and I would remind Senator O'Brien of it.

Darragh O'Brien (Fianna Fail)
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Senator Bacik does not need to remind me about anything.

Ivana Bacik (Independent)
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Yesterday, Senator Mooney expressed his revulsion at and condemnation of the horrible killing in recent days of an Israeli couple in front of their children. I agree with Senator Mooney that any killing of that horrific nature needs to be condemned by all sides. I speak as somebody who has always been very supportive of the Palestinian cause. There have been some very barbaric killings by both sides but this particular incident deserves particular condemnation.

On a more positive note, I would like to be associated with Senator Barrett's congratulations yesterday to Professor William C. Campbell, a graduate of Trinity College who, along with his colleague, Professor Omura, this week received a Nobel Prize for his work in medicine. He is one of three graduates of Trinity to receive a Nobel Prize. Professor Campbell is from Dublin and obtained a first class honours degree in zoology from Trinity College Dublin in 1952. He also obtained an honorary doctorate from the college only three years ago. I join Senator Barrett and other colleagues in congratulating Professor Campbell on this remarkable and noteworthy achievement.

I also note and welcome the appointment last week of the former Tánaiste, Deputy Gilmore, as a European Union peace envoy to Colombia.

Darragh O'Brien (Fianna Fail)
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I thought things were going well in Colombia.

Ivana Bacik (Independent)
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I hope we will soon see some further resolution of the Colombian process.

I thank colleagues who attended the briefing I organised yesterday with the Immigrant Council of Ireland on the Criminal Law (Sexual offences) Bill 2015. I thank Monica O'Connor and Nusha Yonkova for their excellent briefing. I also welcome that the Bill passed Second Stage last night without a vote and hope its progress through the Houses will be speedy. I thank the Minister for Justice and Equality for commencing the Bill in the Seanad and for indicating on Second Stage that she will be accepting amendments on Committee Stage in the Seanad and will also be tabling her own amendments in response to points raised by a number of Senators. It is very positive for the Seanad when important comprehensive legislation is initiated and amended here.

I ask the Leader to arrange a debate at some point in the future on the comprehensive employment strategy for persons with disabilities, which was launched at Farmleigh on Friday last by the Minister of State, Deputy Ó Ríordáin, and which sets out six clear priorities for improving the situation in employment for persons with disabilities.

David Norris (Independent)
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I was alerted to watch last night's edition of "Prime Time", which dealt with six cases in respect of which there have been allegations of Garda Síochána laziness or cover-up. One of the cases dealt with in the programme is one I have raised on a number of occasions in the House. Shane O'Farrell, who was a brilliant student in Trinity College and who had just completed a further degree in law and handed in his thesis, was hit by a car when cycling home from a training session. He was carried for a long distance on the bonnet of the car, which failed to stop at the scene. The driver went home, hid the car, told his wife he had hit somebody but that he did not know who it was. This man, who is an eastern European, had a string of convictions as long as one's arm and was out on bail in two other cases and had been stopped by the Garda an hour prior to the accident while driving an uninsured car. That car should have been repossessed. If it had, Shane O'Farrell would still be alive today. The case has been referred to a committee of barristers by the Minister for Justice and Equality, which is unsatisfactory because that committee has thus far recommended further investigation in only a small number of cases. I ask that the Leader arrange a debate on these issues. The vast majority of gardaí are decent people but a culture of cover-up exists within An Garda Síochána.

I would also like to express concern about proposed changes in respect of J1 visas, of which many undergraduates avail in order to travel to the US to obtain formative training, earn money for college fees and have a good time. There are suggestions of the J1 visa programme being restricted such that young people will only be granted visas if they have already secured employment in the United States. This would reduce the number of visas granted by up to 80%, which would be a very severe incursion into the experience of young people. It is good for them to go to the US and experience its culture. This proposed restriction may be in response to rowdy behaviour and so on. That is regrettable because such behaviour is very much only engaged in by a minority. The Minister should be alerted to this and asked to closely monitor the position in order to ensure that the J1 visa programme continues to operate in its current form. An education programme should be put in place for young people going to the US to ensure they are aware that while it is fine for them to have a good time and so on, they are responsible for representing Ireland while they are there.

Colm Burke (Fine Gael)
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I wish to refer to an issue about which I am extremely concerned. I have raised it in the House on a number of previous occasions, including as a Commencement Matter. It was not, however, dealt with here but was, rather, responded to by way of a letter. The issue in question is the delay in the registration of nurses. Currently, 2,260 people are awaiting registration with An Bord Altranais. On 16 July, Irish Nursing Homes was informed that new mechanisms would be put in place to expedite the registration process. That has not occurred. The applications of more than 1,300 nurses are incomplete and these individuals are unable to make contact with anybody from the Irish Nursing and Midwifery Board regarding the information that remains outstanding. There is no direct line of contact and the level of communication is not adequate. The 16 staff due to be employed have not yet been taken on. There is much talk about job creation. The 2,200 people about whom I am speaking want to work in this country but the slow process of registration is preventing them from taking up jobs they have been offered. This matter requires urgent attention, particularly in view of the fact that, according to a reply I received yesterday from the HSE and the Department of Health, €304 million was spent on agency staff in our hospitals in 2014. Up to 30 September last, €165 million had been spent on agency staff in the current year. This issue must be dealt with. We want people to work in this country but we are not facilitating them in taking up employment.

While I am dealing with the issue of agency staff, I understand that a great deal of money is also paid out in respect of junior doctors.One of the issues raised in the report furnished to me is that a number of hospitals at regional level are having difficulty retaining full-time doctors. We must, therefore, look at the structure. When a hospital pays for 40,000 or 50,000 hours' worth of work on the part of agency staff, it means the current structure is not working. We must consider the use of alternatives in order to make it attractive for people to work at particular hospitals and to live and raise a family nearby. We are not doing that at present.

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

Colm Burke (Fine Gael)
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The system, as it stands, does not suit everyone so we must look at alternatives. I ask that the Leader raise this with the Minister for Health at the earliest possible date.

Terry Leyden (Fianna Fail)
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I do not wish to be seen to collaborate with this Administration but I ask the Leader to make a request to the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, and the Tánaiste and Minister for Social Protection, Deputy Joan Burton, to extend the deadline for claims for the water conservation grant of €100. The closing date for receipt of applications via the Internet is 12 midnight, tomorrow, Thursday, 8 October. Some 600,000 have applied but 700,000 have not and that is a loss of some €70 million. Whether we like it or not, there are people who are eligible for this grant who have their own septic tanks or water supplies.

I do not want to go into the background of this disaster. Irish Water is a political nightmare for the Government and the various matters relating to it have been very badly handled. The administration of the applications process has been very slow. In addition, many people in rural areas do not have broadband or access to the Internet. I have been in contact with councillors who have been making representations on behalf of individuals but a public representative is not allowed, under the Data Protection Act, to act for an individual in correcting mistakes regarding addresses to which bills have been sent. In the circumstances, the €100 would be a help to many households at this time. I cannot understand how we in this House could be eligible for the €100 grant, having paid our water rates a few months ago, but would not get our money back. The whole thing is totally illogical and it is beyond comprehension that any Government would oversee such a debacle. I ask the Leader to convey to the Government my request - which would, I believe, be unanimously supported in the House - that the date be extended for at least two weeks in order to allow people to submit their applications. One is obliged to submit a great deal of information, such as PPS numbers and bank account details, and that is not so easy. It is practically impossible for some people and it is putting enormous pressure on public representatives the length and breadth of Ireland.

Aideen Hayden (Labour)
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I agree with Senator Darragh O'Brien that a wide-ranging debate on the entire issue of housing would be in order. I agree that we should not just focus on homelessness but also on supply, which is very problematic in the market at present. I have concerns with regard to Longboat Quay. The owners are now threatening legal action. It has come to my attention that while there are owner-occupiers at Longboat Quay, there are also people who rent rather than own the properties in which they live. Under our current legal code, renters have very little voice and very little right to be heard. Under the Multi-Unit Developments Act 2011, tenants have no right of representation on management companies but the actions taken probably have more impact on renters. More apartments in these developments are actually rented than lived in by owner-occupiers so it is quite ironic that they have so little voice.

The same is true in the area of receivership. I have personally dealt with a significant number of cases in the recent past where properties have been repossessed by lending institutions and the first thing the tenant knows about it is when the receiver comes to the door and tells them they will have to leave. Receivers want vacant possession and want the tenants out. There is no code of conduct to protect tenants in those situations. It is time we started treating renters with respect. Rented homes are homes and it is wrong to give so little voice to the tenants who live in them. Can the Leader propose that the Minister for Justice and Equality amend the Multi-Unit Developments Act in order that we might ensure tenants are given a voice? Can he also tell the Minister for Finance that we need a code of conduct relating to mortgage arrears relating to rented properties? Those houses are homes and it is not right to treat their tenants as though they were disposable.

Sean Barrett (Independent)
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I endorse what Senator Hayden said. It is really strange that we have to go back to Charles Stewart Parnell to defend tenants' rights. In many cases it is the landlord, not the tenant, who has become financially unstable but it is the tenant who suffers when the landlord changes. I thought we had made progress with the then Minister, Deputy Shatter, on that front and I hope the prospects of progress can be revived.

I call for a debate on climate change. Matters are becoming more urgent and there is a huge conference of 96 countries scheduled for Paris in a couple of months' time. We saw evidence of the implications of climate change with the court case in Cork, where 40% of the liability for the flood was allocated to UCC and 60% to the ESB. There was the Volkswagen case where carbon emission levels were deliberately concealed by the use of technology, which will undoubtedly cause climate change and some damage. A recent paper by the Governor of the Bank of England on climate change and financial stability referred to the difficulties for insurance companies. Last year, the United Kingdom experienced its wettest winter in over 200 years. This House needs to make a contribution to the Irish delegation to the Paris conference in light of flood increases, financial instability in the insurance sector, the risk to the financial system, the risks of decarbonisation and the judgment in the case of the flood in Cork city. I ask the Leader to arrange a debate on this matter. In the Cork case, the judge said he counted 50 or more instances in the evidence where UCC was expressly put on notice of flood risk to buildings it built or had acquired on the River Lee flood plain but did not act. The judgment runs to 550 pages and the costs are potentially huge. We also know of recent problems in Galway and in the midlands. Given the importance now attached to climate change by President Obama, where until recently there had been scepticism, it is clear that it is now a major issue and this House should make a contribution to the Irish presence at the Paris conference.

Michael Mullins (Fine Gael)
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As we are all aware, this is Road Safety Week. It is an opportunity for all of us, motorists, cyclists and all users of the road network, to focus on road safety. The weather is getting colder and the evenings darker so it is time to concentrate on various aspects of road safety. There is huge concern that a lot of drivers pay scant attention to the issue of tyre safety. A recent survey indicated that only approximately one in eight drivers checks the conditions of their tyres on a regular basis.The only protection we have on the road is the quality of the tyre, in particular as we drive our cars. It is critical that we would have a renewed focus on all aspects of road safety. People tended to skimp on road vehicle maintenance during the economic difficulties we have been through. A significant number of people have been killed on the roads.

I noted with interest recently the number of cyclists who have received fixed-charge notices and who have been prosecuted for dangerous cycling. Approximately 240 people have been prosecuted. That is very much to be welcomed. It shows there is a renewed emphasis and focus on the safety of cyclists. A total of 13 cyclists have been killed in the past year. I plead with all young drivers to be especially careful. We are all very concerned at the number of people who have been prosecuted for speeding, in particular in housing estates and built-up areas. During road safety week it is an opportunity for all of us to think about how temporary life is and how easily lives are lost on the road as a result of bad driver behaviour and poor vehicle maintenance. I urge all of us as public representatives to spread the word that there is a need for greater emphasis on safety as we head into the winter.

David Cullinane (Sinn Fein)
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I also wish to raise the issue of Irish Water. A previous speaker said the Government's plan is illogical and to an extent one could argue that it is, given all of the failures of Irish Water and water charges. There is a very clear logic in terms of what the Government is doing with the water conservation grant and other measures, which is to entice people to register and then pay even if they do not want to do so. There is a clear logic, even in terms of the seven-year plan, which was announced today by Irish Water and its parent company. I heard some of their representatives on national radio this morning talk about the seven-year investment plan. It is not grounded in reality. There is no acceptance that this will be a big political and electoral issue. I accept that the Government parties have their view on Irish Water and water charges. The Opposition has a different view. There will be an election and the issue will be a central part of the campaign. We can all put forward our positions and the people will decide. I have no difficulty with that.

However, the plan ignores the EUROSTAT ruling. Irish Water is behaving as if it is a commercial semi-State company even though EUROSTAT has said it is not. The company talks about €2 billion being raised in revenue from residential customers by 2021. It ignores the fact that almost half of people have not paid, and that is of those who have registered, not to mind those who have not registered. There are clear problems with the Government strategy, but the foundation upon which the seven-year plan is being built must be examined. The reality is that what Irish Water is saying in terms of its seven-year plan is that the money is going to come from commercial water rates, domestic water rates and borrowing. All of the borrowing will be on the State balance sheet, which means that every cent is coming from either businesses in the State, citizens who pay and borrowings. A massive investment plan is envisaged yet there is no discussion or debate in the Houses of the Oireachtas. The Dáil is not scheduled to debate the seven-year plan and neither has the Seanad scheduled such a debate.

This is taxpayers’ money. In spite of the EUROSTAT ruling, and given that this is a fully owned public company, as the Government has indicated, and should not be treated as a private company - the Government has said it does not want to privatise water services - the whole logic of the seven-year plan appears to be to move towards privatisation ultimately. The plan should be brought to the Seanad and the Dáil and we should have a debate on it. We will have a political debate and an electoral debate about the future of Irish Water and water charges. That will happen as a matter of course in terms of the election campaign, but the seven-year investment strategy should be brought before the Dáil and Seanad where it belongs. Let us have a debate about it in terms of the foundation upon which it is built, which is very shaky and ignores the EUROSTAT ruling and the obvious fact that many people in the State have not and will not pay for domestic water charges.

Catherine Noone (Fine Gael)
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The Healthy Ireland survey conducted by the Department of Health was released yesterday. More than 7,000 households were included in the survey. It shows there has been somewhat of a plateau when it comes to obesity and that 60% of people are still overweight. It found that four in ten men do not get enough exercise. The most commonly desired lifestyle change is that people wish to be more active. In most jobs, it is usual for people to spend more than five hours a day sitting at a desk. Less than one in five people now smoke each day, which is most welcome. It shows that the strategy in the past ten years has worked.

Advertising campaigns such as the very sad one featuring Gerry Collins, the man who has since died, have been very effective. We clearly need to do something when it comes to health, in particular obesity, being overweight and unhealthy lifestyles. It would make a big difference if we had a similar campaign targeting those issues.

We have made considerable headway with tobacco and smoking, which is very much to be welcomed. It was brought to my attention recently that some cigarette companies have started selling 28-packs of cigarettes. That is a blatant attempt by cigarette manufacturers to get people who smoke to smoke more. Everybody knows that smokers tend to talk about how many packets of cigarettes they smoke per day or week. Larger packets pose a risk. They are not a good idea and could result in those who smoke smoking up to 30% or 40% more. We are moving in the right direction when it comes to obesity but an advertising campaign of the sort we have seen in the realm of smoking would be good.

Maurice Cummins (Fine Gael)
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Senators Bradford, Darragh O'Brien and Cullinane raised the issue of Irish Water because its seven-year plan was announced this morning. I am informed that it will be the subject of debate in the right fora, which is the Joint Committee on the Environment, Culture and the Gaeltacht. That a debate will take place in early course.

Senators Darragh O'Brien and Hayden called for a debate on housing. I am trying to arrange a debate with the Minister for the Environment, Community and Local Government, Deputy Kelly, or the Minister of State, Deputy Coffey. Senator Bacik mentioned that a third graduate of Trinity College has been awarded a Nobel Prize, which was mentioned by Senator Barrett yesterday. Senator Bacik also welcomed the willingness of the Minister for Justice and Equality to accept amendments in the Seanad to the Criminal Law (Sexual Offences) Bill, which passed Second Stage yesterday.

Senator Norris mentioned the "Prime Time" programme on the review of over 300 cases. I viewed the programme and think there is a need for a proper review process to deal with these cases. I also think there should be full access to GSOC files and, indeed, Garda files should be made available to the barristers examining these files. I was astounded to hear full access was not available, which was suggested in the programme. I would be very concerned about that situation and I will bring the matter to the attention of the Minister for Justice and Equality. I note the points the Senator made about the J1 visas and the importance of same. I think everybody is aware of the matter.

Senator Colm Burke mentioned the delay in the registration of nurses and the urgent need to address the difficulties in the Nursing and Midwifery Board of Ireland in terms of granting registration. As he rightly pointed out, there is a need to reform the system. I also note the point that €304 million was spent on agency staff in 2014, which, I agree, is a large amount of money. I will bring the matter to the attention of the Minister for Health. I know the Senator has already done so through a Commencement debate on the whole question of the registration of nurses, a matter which will have to be addressed in early course.

Senator Leyden called for the deadline for the water conservation grant to be extended. People have all day today to register and, therefore, have plenty of time to do so. However, I will ask the relevant Minister to consider extending the deadline. For many months, people have been advised of the deadline but I will bring the matter to the attention of the Minister.

Terry Leyden (Fianna Fail)
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I thank the Leader.

Maurice Cummins (Fine Gael)
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Senator Hayden mentioned the Longboat Quay situation, in particular the plight of tenants who are renting there. I agree with her that there is a need for tenants to have a voice. Looking back at all of these buildings that have created difficulties for owners and tenants, I ask myself on a daily basis what were the architects, engineers, fire officers and local authorities doing. They were the people who were supposed to regulate these buildings and ensure people went into safe houses. What were they doing? Things happened on their watch so they should be held to account.

Paul Coghlan (Fine Gael)
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Hear, hear.

Maurice Cummins (Fine Gael)
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It is dreadful to see those people with houses and apartments which are unsafe. People need to be held accountable, even if it is many years afterwards. Developers and builders are also responsible. These people must bear some responsibility for this and must be held to account. They have been let off for far too long. People have washed their hands of this situation. The engineers, architects, fire officers and the rest of them must be held to account and we must ensure that happens. Senator Barrett raised that point too. He also called for a debate on climate change and referred to the flooding in Cork, the Volkswagen emissions and the role of the insurance sector in this matter. I agree with him that it is timely to debate the matter and I will try to arrange one.

Senator Mullins highlighted that this is road safety week and called for motorists to check their tyres and vehicles and asked cyclists to be vigilant on the roads. Senator Noone mentioned a Healthy Ireland study which outlined that 60% of the population is still overweight, including myself.

David Cullinane (Sinn Fein)
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Not at all.

Paul Coghlan (Fine Gael)
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Senator Cummins is not alone in that.

Maurice Cummins (Fine Gael)
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Progress has been made in regard to smoking but it is still a serious problem. People are getting the message, as Senator Noone pointed out. Perhaps we could invite the Minister to the House to speak to us about the Healthy Ireland study in the coming weeks.