Seanad debates

Thursday, 26 January 2017

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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The Order of Business is No. 1, Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Bill 2016 - Committee and Remaining Stages, to be taken at 2 p.m.; and No. 2, Statements on Northern Ireland, to be taken on the conclusion of No. 1 and to conclude no later than 3.30 p.m., with the contributions of group spokespersons not to exceed eight minutes and all other Senators not to exceed five minutes, and the Minister to be given five minutes to reply to the debate.

Photo of Catherine ArdaghCatherine Ardagh (Fianna Fail)
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I would like to raise two issues today. The first is that of rental housing supply in the market. A report published today by the Simon Community has shown the gap widening between rent supplement and actual market rents. The report illustrates that 83% of rental properties are beyond the reach of rent supplement. The Simon Community supports over 8,300 individuals and families at risk of homelessness each year. We should take heed of the report because the Simon Community is at the coalface of the housing crisis. Ultimately, we need to address the issue of supply in the market because all these issues are ancillary to that of supply. There are 2,000 vacant local authority properties lying idle in the country, which begs the question as to why they are not being refurbished. Why have they not been put back into the mainstream local authority supply of social housing?

Yesterday, I raised issues surrounding the first-time buyers grant and explained how the scheme is not working effectively. We would not need these cobbled together schemes if we had decent supply in the market. I ask the Minister to ensure that social housing is built and a proper fund put in place so that we can start building. I have not been to one sod turning ceremony in my constituency, although I would like to attend one to see such construction.

The second issue I wish to raise concerns funding for drug and alcohol prevention task forces both in my area and in many cities around the country. It has recently come to my attention that the HSE has been reducing funding for addiction services in the south inner city. For the past 24 months, the south inner city task force has been run on a part-time basis and with the support of volunteers. Furthermore, members of the south inner city drugs and alcohol task force conveyed their shock to me when they learned that a co-ordinator in a nearby task force was allowed to recruit another HSE staffer when they already had a full-time staff member.

I find it shocking and of serious concern to see more cuts in essential services in Dublin South Central. I have previously raised concerns in this Chamber about the concentration of homeless hostels in my constituency and the lack of investment in public spaces and green areas. With a high concentration of homeless hostels, lack of investment in public spaces and cuts to addiction services, it is time to stop using urban areas as a dumping ground for the city's problems and start calling on the Government to begin investing in essential services.

I welcome today's announcement of on-the-spot road checks for the use of narcotics by drivers. That will go some way towards alleviating road deaths.

Photo of Victor BoyhanVictor Boyhan (Independent)
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I want to raise three issues concerning the appointment of judges, the Adoption Bill, and local government legislation. In The Irish Timestoday, and in other media, we see copies of correspondence and reports on the Government's plans for appointments to the Judiciary. Some points need to be made about this important matter. Senators will be aware that this House passed a motion and the Tánaiste and Minister for Justice and Equality gave an undertaking on the establishment of a judicial council, but that seems to have been lost in all of this debate. We do not know what the Tánaiste plans to do in that regard.

I am conscious of the separation of powers between the Executive and the Judiciary, which is important for us all to bear in mind. The Judiciary has served this country with absolute distinction. Articles 34 to 37, inclusive, of our Constitution, which we all value, clearly regulate how the process of courts and judicial appointments is operated. The President appoints judges on the advice of the Government. In practice, the decision to appoint judges is ultimately one made by the Minister for Justice and Equality. Although there is cause for concern, I accept it is not the Minister's intention to cause offence or disrespect to the Judiciary. However, that is what is being picked up and it is the message that is coming across strongly in all reports on these matters. To suggest that the Chief Justice could not be the chair of an appointments commission for the Judiciary is stepping over the line. It is an absolute attack on our Constitution which we have a role to defend. The matter needs to be examined.

I ask that the Tánaiste and Minister for Justice and Equality attend this House to explain the rationale and where her proposals currently stand. More importantly, she should discuss the proposal for a judicial council. The Chief Justice has repeatedly made a strong and cogent case to have such a council established. We need to have further discussion on that matter.

As regards the two other issues, it is my understanding, and I would like the Leader to clarify this, that the Minister for Housing, Planning, Community and Local Government is to attend this House on 8 February and make statements on a number of matters related to local government and councils.I ask the Leader to clarify if that is the case, as I have had it confirmed by another source.

Will the Leader indicate when the next Stage of the Adoption (Amendment) Bill will be taken? The Minister for Children and Youth Affairs, Deputy Katherine Zappone, came to the House the other day for a good conversation and engagement on Second Stage when every speaker made a meaningful contribution.

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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Ba mhaith liom cúpla pointe a ardú inniu. An ceann is minice agus is tábhachtaí a bhfuilimid ag caint faoi ar na mallaibh ná ceist an Breatimeacht nó an Sasimeacht, that is, Brexit. I am sure the Leader and all other Senators have been closely following the recent decision of the Supreme Court in London on Brexit. As Senators will be aware, the North voted overwhelmingly to remain part of the European Union and for Ireland, in its entirety, to remain in the EU. There has been much discussion about the form that Brexit may or may not take and it is deeply worrying that there is still no indication of what form it will take. We are almost being held to ransom.

In recent months, Senators have taken a highly responsible approach to the issue of Brexit. While some of us have differences on the nuances and dynamics involved, we have shown a willingness to work together and stand up for the best interests of the people of Ireland. As part of that dynamic, we have discussed the economy, agriculture, the peace process, tourism and all other aspects of life on which Brexit will have an impact. I say this respectfully because I want to maintain a spirit of co-operatoin on this issue. However, the Government needs to up its game and be proactive, rather than simply awaiting the next indication that will come from Theresa May's Government. We have moved from a scenario in which we were told Brexit meant Brexit to one in which we are being told no one really knows whether it will be a hard or soft Brexit. The only thing we know is that Brexit will be bad for Ireland.

One major dynamic the Oireachtas must discuss and tease out is the core component of the Good Friday Agreement which allows for the reunification of our country. All of the parties in both Houses profess to aspire to unity. Within this climate, while we work to deal with the short to medium-term problems presented to us by Brexit, we also need to credibly and seriously begin a discussion on reunification. This should not be contentious, certainly not in this Chamber, nor should we shy away from it. Reunification should be a core component of any future programme for Government and a responsibility of any Government. In the current climate which has, ironically, been forced upon us, we have an unprecedented opportunity to engage in this national discourse and dialogue.

The issue of Irish reunification was raised in the Dáil yesterday and I hope the Government clearly heard the case that was made. Ironically, the Minister for Foreign Affairs and Trade will come to the House to make statements on the North this afternoon. I hope he will refer to the issue and that he is proactively considering it. It is certainly being considered and discussed by other European states which see the benefit and necessity of reunification given our clearly expressed political mandate to stay in the European Union, which is being actively undermined.

The Leader will be aware that two years ago both Houses agreed a motion to recognise the state of Palestine. This recognition remains outstanding and the Government's latest utterances on the issue indicate it is not in any hurry to proceed. In the current international political climate there is an onus on Ireland to stand up not only for the people of Palestine but for those who are marginalised, attacked, brutalised and facing atrocious aggression daily, wherever they may be. I am sure, given the current climate, that it appears to them that things could get much worse.

Photo of Denis LandyDenis Landy (Labour)
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Some weeks ago, a seminar was held in the RDS organised by the Sparkasse institute in Germany and Irish Rural Link on the development of a public banking system in Ireland. It outlined how public banking would fit in with Ireland's existing financial services, the regions it would help revitalise and how it could support credit unions, post offices and the communities they serve. There was considerable expertise evident at the seminar and this expertise has been made available to the State to implement the Sparkasse or public savings banks concept. We have seen economic recovery, particularly on the east coast, but we have not seen it in areas such as the south east. One of the reasons for this is that organisations that previously provided funding to small and medium enterprises, SMEs, for example, building societies and banks when they were located on main streets, have ceased trading or have moved online. There is no one for people to meet and SMEs are being deprived of funding. As a result, rural areas are not recovering in they way they should.

The Sparkasse banks are based on a non-for-profit concept where lending is restricted to businesses in the regional economy. These banks would fill the gap left by the demise of building societies and provide a public banking system and suitable vehicle for credit unions to invest the €9 billion they have identified for lending to small and medium enterprises. They would provide credit unions with much-needed administrative support in meeting the increasingly burdensome Central Bank regulations they face. A presentation on this concept of public banking will be made in the audio-visual room next Wednesday. It is in all our interests to attend as it will be highly beneficial and I hope the Government will support it. The Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys, is due before the House to discuss the revival plan for rural Ireland. The Sparkasse concept is referred to in action 259 of the plan. I ask the Leader to ensure the Minister addresses the possibility of establishing a working group to implement this concept.

I welcome the announcement on Monday by the Minister for Transport, Tourism and Sport, Deputy Shane Ross, of funding of €324 million for regional and local roads. Despite the efforts of some Senators, particularly on the Fianna Fáil side, the issue of local improvement schemes was brought to the attention of the Minister last year when a request was made to ring-fence funding to upgrade and make non-public roads safe for use. There are thousands of such roads in rural areas, for which no money is provided. Local government and local engineers have been told to take money from the allocation for public roads. It is not justified to take money from a small fund for public roads and reinvest it in culs-de-sac and private roads. A ring-fenced fund must be provided for this purpose.

I have been contacted by a number of county councils on this matter, most recently in a letter from my local council in County Tipperary, requesting that the Minister specifically allocate funding for this purpose. He has seen fit to invest money in ensuring adequate supplies of salt are available to tackle Japanese knotweed, which is welcome, but he has not provided funding for local improvement schemes. I ask that he come to the House to discuss the provision of funding for these schemes from the vast amount of money available to him annually.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I welcome the action plan to expand apprenticeships and traineeships 2016 to 2020. I attended the launch of the document this morning with the Minister for Education and Skills, Deputy Richard Bruton, and the Minister of State at the Department of Education and Skills, Deputy John Halligan, and it was a very positive event. During the recession, the number of apprenticeships declined by more than 80%. Third level education is not suitable for everyone. The State agencies, in co-operation with institutes of education and employers, must make this programme a success. In 2016, the number of new apprenticeships was relatively low, at only 3,500. The figure prior to the recession was 80% higher.At present there are 27 apprenticeships throughout the country whereas in Germany there are more than 300 apprenticeships and traineeships on offer. We do not all have to be an apprentice. We also have many training centres throughout the country. There will be 50,000 apprenticeships by 2020 and an additional €20 million was provided for 2017. We also have the ambitious target of an extra 13 new apprenticeships by the end of this year. This is to be welcomed. It is something which affects every county. SOLAS and the ETBs run training centres throughout the country. This is a very positive step because it is about getting people back into employment.

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail)
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This week four years ago, 41 year old Detective Garda Adrian Donohoe who was shot dead while guarding a cash escort outside Lordship Credit Union in County Louth. Adrian, a young man from County Cavan, found himself in County Louth as a member of the Garda, where he embodied everything that was good about An Garda Síochána. He totally immersed himself in his new home and got heavily involved in all aspects of community life. He was a leading light in the local GAA club. He put down roots there, met his wife, Caroline, and was raising his two young children. Unfortunately, that is where the story ends. Today, I make a special appeal to anyone out there who may have information on this brutal killing, as a result of which his wife Caroline has been left without a husband and their two young children have been left without a father. I appeal to anybody with even the smallest piece of information which he or she might feel is insignificant to come forward and contact Dundalk Garda station or the Garda confidential telephone number 1800 666111. It should also be noted the Irish League of Credit Unions has offered a reward of €50,000 to anyone who might bring forward information that would lead to a prosecution in the case. Somebody out there knows something. It is never too late to do the right thing and I earnestly appeal to people to come forward. If they are not comfortable contacting the Garda they should contact someone in authority who might bring forward the information.

Photo of Gerard CraughwellGerard Craughwell (Independent)
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The name Walter Hegarty is not known by many of us in the House. He passed away last night. He was the holder of a distinguished service medal from the Defence Forces, which he won in the Congo in the 1960s. He was one of 155 men who were part of the siege of Jadotville, and it has taken us the best part of 50 years to recognise these men. However, we have not recognised them in the way they should have been recognised. Slowly but surely these men are passing away and they are being consigned to history. One of the greatest military achievements of our Defence Forces took place at Jadotville. How 155 men could hold off 3,500 for a period of time under the command of Commandant Quinlan is studied by soldiers in armies throughout the world.

I have spoken to people from Jadotville. One of the saddest things for me was last Thursday night, when I attended a lecture in Galway and sitting over my left shoulder was a colleague with whom I served at Renmore barracks in Galway and I never knew he was in Jadotville. I spoke to Leo Quinlan last night, and he did his Ranger training with a former veteran from Jadotville who he never knew was there. Such was the level of hurt and embarrassment they had because world's political people decided Jadotville was something they did not want to talk about. They wanted to bury it. They wanted to forget about it because it was a total screw-up by politicians in the United Nations.

The Minister has gone a long way, as has the Government and the previous one, towards undoing some of the wrongs done but we have not gone far enough. Commandant Quinlan, the commander in Jadotville, named nine people who were to be awarded medals. None of the nine were ever awarded their medals. A photocopy of the citation awarded, which was a unit citation, was given to those living and the relatives of the deceased. This is simply not good enough. There is unfinished work with respect to Jadotville. Senator Mac Lochlainn and I have tabled a motion that will be brought to the floor of the House and I hope we, as the Upper House of the Oireachtas, will come together and support it. I ask that we do so. We cannot allow more Jadotville veterans to pass away forgotten and consigned to a blank history.

Photo of Catherine NooneCatherine Noone (Fine Gael)
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In 2015, the Royal College of Surgeons in Ireland indicated we are on track to be the most obese country in Europe by 2030. This is an issue I have raised on many occasions. In light of these warnings we need to introduce meaningful change. I welcome the fact the Government has indicated a willingness to introduce a sugar tax. I did research on our VAT system recently and was very taken aback to find out a bottle of water is taxed at the standard rate of VAT at 23% and chocolate milk, which I presume is classed as a milk product, which contains 18.8g of sugar per serving, is taxed at a zero rate of VAT. Food products such as Nutella spread, which is 50% sugar, is also taxed at a zero rate of VAT. A sugar tax needs to be fast-tracked but we have difficulties with regard to the UK and when and how we implement it. When we have such anomalies in our VAT system we should get them right first. To introduce a sugar tax before we get our VAT system right, when it comes to these glaring anomalies at the very least, seems to be absurd. Naturally healthy products such as bottled water should not be subject to the standard rate of VAT when products such as Nutella or chocolate milk have a zero rate of VAT. I call on the Minister to re-evaluate and reform the VAT rates. It is overdue that we have a review of the way in which we implement and put VAT on certain products.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Sinn Fein)
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I have previously raised the issue of the ownership of Lough Foyle. Recently, RTE "Prime Time" broadcast an excellent report into what has emerged with regard to oyster farms. We have 30,000 trestles along the shores of Lough Foyle which have no licence and do not require one. It is a Klondike with no regulation. I appeal to the Government and the Minister for Foreign Affairs and Trade to engage with the British Government as soon as possible to resolve the ownership of Lough Foyle, which is allowing this farce to continue. The statement from James Brokenshire, that the whole of Lough Foyle is within the United Kingdom, has not been retracted. I ask for focus on this issue and I ask the Leader to contact the Minister Foreign Affairs and Trade to make him aware and ask him to respond to the issues raised in the excellent report on RTE "Prime Time".

A related issue is the concern of the fish producers and processors which was articulated this week at the meeting of the Joint Committee on Agriculture, Food and the Marine. Their presentation was stark with regard to the impact of Brexit and the taking into control of what were British waters and which have been shared EU waters for all these years. The impact this will have on our fishing sector is the most worrying I have seen from any sector in society so far. I ask the Leader to bring this presentation to the attention of not only the Minister for Agriculture, Food and the Marine but also the Taoiseach. It will have very serious implications.The British are claiming control of Lough Foyle so it is related.

I support the points made about local improvement schemes. There is a huge gap in rural Ireland in terms of supporting the funding. Anyone who knows rural Ireland knows that one needs to put some sort of subsidy towards the maintenance of these roads. The removal of this has had a detrimental impact and it needs to be reintroduced at the earliest opportunity.

Photo of Grace O'SullivanGrace O'Sullivan (Green Party)
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This morning, we heard the disturbing news that homelessness levels in Ireland have gone above 7,000 for the first time. Some 68% of this homelessness is in Dublin. As the Simon Community report published today reveals, 83% of property in the capital is now priced out of the reach of those on housing benefits such as rent supplement or the housing assistance payment. Home repossessions are continuing apace forcing more families from their homes and increasing the number of people in desperate need. Last week, my Green Party colleague, Deputy Catherine Martin, spoke in the Dáil regarding a practical measure the Government can take to stem this flow of human tragedy. She asked the Minister for Justice and Equality to clarify the situation around the recent High Court judgment delivered by Mr. Justice Max Barrett in AIB v.Counihan on 21 December 2016 which seemed to suggest that current home repossessions in Ireland could leave the Irish State in breach of European laws and lead to it being found liable. These serious concerns were also expressed recently by the Master of the High Court. Can we be assured that all people responsible in this area are fully informed of the latest legal developments and are properly trained in respect of their legal obligations under EU law? In my county of Waterford, we saw the county registrar refusing to proceed with several home repossession cases in light of this uncertainty. This Court of Justice of the European Union has held that where a consumer contract comes before a court, the court must be satisfied that none of its terms is unfair even when the consumer has not called on it to do so. As a mortgage contract is a consumer contract where the property is a home, it is vital that county registrars, who in reality deal with the majority of repossession applications, are fully aware of the implications of these decisions. The Master of the High Court is of the opinion, however, that county registrars should not be dealing with these repossessions cases at all. There is a real and justifiable concern that many repossession orders granted in the Circuit Court may be open to challenge as the EU law has not been applied. In such a scenario and leaving aside the lenders, it is the State that could conceivably be found liable. There is a potential financial risk for the State. Considering the inequality of arms between the thousands of ordinary, hard-working and decent borrowers on one side and lenders on the other with bottomless funds, will the Minister assure families that the full range of protections available to persons are being implemented? If the Master of the High Court, Mr. Edmund Honohan, is indeed correct about what is reportedly and unlawfully happening, the Government needs to take steps to place a moratorium on all such proceedings until it is satisfied that EU law is being applied consistently throughout the State. Before Christmas, we heard that the Government is to publish new legislation relating to home repossessions. Can the Leader assure me that these legal issues will be addressed in any such legislation and that this new measure will be sure to put people first in such resolutions? Could the Leader tell us when this legislation might be brought before the Seanad?

Photo of Colm BurkeColm Burke (Fine Gael)
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It was announced this morning that there would be a new €20 million development in Cork which will provide 150 jobs and when completed, will accommodate 500 people. It is good news in terms of the number of new developments in that region. However, we now need to set out a clear strategy nationally in respect of development and areas we need to prioritise regarding the provision of services. I raised this issue yesterday in respect of the need for long-term planning in our health service. I know there is an Oireachtas Committee on the Future of Healthcare from which Senators are excluded but I have very strong views about forward planning. The Minister for Health was here yesterday. The last major public hospital built in this country was built in 1998. The population of the Cork region, about which I spoke yesterday, has gone from 410,000 to 542,000. No new hospital has been provided during that period of population increase. The population will continue to increase at a very fast rate over the new few years. In setting out the strategy for the development of this country over the next ten, 15 or 20 years, we need to prioritise the provision of health care services. We have 2.8 beds per thousand in this country. The figure in Germany is 8.3 beds per thousand while in the OECD, it is 4.3 or 4.5 beds per thousand. Even if we were to get the figure up to three beds per thousand, we would have to create an extra 1,500 beds overnight. It needs to be given priority because it is something we can no longer avoid talking about. We need to set out a clear plan and timescale for when this is to be implemented. This is a key strategy we need to develop instead of putting it on the back burner as was the case over the past 20 years.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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Will the Leader invite the Minister of State with responsibility for Gaeltacht affairs and natural resources, Deputy Kyne, to the House to talk about inland fisheries? I was interested in what Senator Mac Lochlainn said about the difficulty relating to Lough Foyle. There is a form of apartheid regarding fisheries in Ireland. I met the Minister of State and the chief executive and chairman of Inland Fisheries Ireland yesterday. Fisheries in Ireland are regarded as free. Tourists can come here and fish but that does not apply to the midlands where someone can get a 21-day permit for €25 or a family one-day permit for one adult and three children and where there is an adult charge of €45 per year, a charge of €25 for senior citizens and a one-day charge of €10 for juveniles. This applies to the Rivers Suck, Inny, Brosna, Little Brosna and Camlin and tributaries. It affects parts of Galway, all Roscommon and parts of Westmeath and Offaly. In respect of the River Suck, beside which I live, the tributaries of Lough O'Flynn, Hollygrove Lake in Athleague, Stonehams Lake in Castlecoote, Lough Lung and Blacks Lough in Castlecoote are all affected by this charge but nowhere else in Ireland is this charge applied. We are being discriminated against in respect of attracting tourists. I compliment the work of Inland Fisheries in respect of investing the money that has been raised in that area to bring about better services and stocking of rivers. That is fine but we are a small country. Why should one area be discriminated against when it comes to a charge? If it applies to one area, it should apply to all areas or it should not apply at all. That is my case and I cannot understand why others have not raised this issue. People who own guest houses, pubs and other facilities and who pay rates are being affected yet the people they want to attract from Italy and Great Britain in particular must pay this fee. People are being told by the magazines that fishing in Ireland is free and that all its rivers run free but that is not the case. I will use this House to bring about a change. The Minister of State agreed yesterday that he would look into the matter but I want to highlight it in a broader forum here because in fairness to this House, and the fact that it has been retained, it has a wider distribution of information than the press conference in Buswells Hotel yesterday.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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The Senator's point is well made.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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I appreciate that but it is not every day that one can raise discrimination against one area in our own country and Republic.One can fish all one likes in counties Kerry and Limerick and along the River Shannon but not in my area. What am I going to do about this? I am going to raise the matter as a form of discrimination against the people in my area who are trying to attract tourists. They are paying very high rates. Inland Fisheries Ireland is paid for by the taxpayer and it is about time it copped itself on. If it does not and its directors do not address the issue, they should be sacked. No one should be on the board unless he or she knows something about fisheries. That is one issue that is being tackled by the Minister for Transport, Tourism and Sport, Deputy Shane Ross, namely, the cleaning up of boards.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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I advise the Senator that my line was at breaking point.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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The Cathaoirleach is very patient.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I did not hear Senator Frank Feighan making any comment.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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He probably does not realise the seriousness of the situation.

Photo of Frank FeighanFrank Feighan (Fine Gael)
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It would qualify for the International Fantasy Award.

Photo of Michael McDowellMichael McDowell (Independent)
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I support Senator Victor Boyhan's comments on the importance of having the Minister for Justice and Equality called to the House to discuss the principle of making judicial appointments in the manner proposed by the Minister for Transport, Tourism and Sport, Deputy Shane Ross. It is a flagrant attack on the Constitution which gives the power to select judges to the Government which is elected by the people and Dáil Éireann. I was engaged in the process of selecting members of the Judiciary for eight years and did so, if I may say so, with party political impartiality. Selecting members of the Judiciary is a political function and a duty of the Government. What is more, it is a function that cannot be abdicated from. There is nothing more political, with a small "p", than identifying what woman or man should be part of the Supreme Court. It is not a function of a group of laymen or others but a political and a democratically accountable function which must be performed by the body that the Constitution, to which we all owe a duty of loyalty under Article 9, identifies - the Government. This is a misconceived hijacking of the Government by the Minister.

I strongly support what has been said by Senator Victor Boyhan and intend to raise the matter in the Commencement debate next week.

We are sitting in one House of a democratic assembly, one of many across the western world. We also read in our newspapers and hear in the broadcast media today that the United States of America has decided to reintroduce torture of people it arrests around the world. I have studied what went on in Guantanamo Bay, the humiliation, the stripping naked and shackling of people to the floor and daubing them in what was alleged to be menstrual fluids. People had a towel put around their head which was then slammed against a wall repeatedly to see if they had any information. We all know what happened in Abu Ghraib and about the horror of waterboarding. I believe I speak for every Member of this and the Lower House when I say we should protest, in the strongest possible way, about the fact that a country that claims to be a friend and ally of this state is breaching human rights in this repugnant and disgusting way. I register that protest.

Photo of Frank FeighanFrank Feighan (Fine Gael)
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I agree with Senator Gerard P. Craughwell's comments on the men of Jadotville who were absolutely forgotten about. I was one of the first Deputies to correspond with the Minister on the way history and the State had mistreated them. I was delighted when they were eventually commemorated at a ceremony in Custume Barracks in Athlone which I attended alongside many of their families. That said, I agree with Senators Mac Pádraig Lochlainn and Gerard P. Craughwell that more could be done. As a House, we must lead the way in that regard.

The news that the grave of the former President and Taoiseach Mr. Éamon de Valera was vandalised is very disturbing and I would like to think it would be utterly condemned by the Seanad. It is wrong and indicative of enormous disrespect for a former leader of the country. It must be condemned in absolute terms.

Photo of Maire DevineMaire Devine (Sinn Fein)
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I take the opportunity to commend the work of An Garda Síochána in the past ten months and particularly in the past week in interrupting the deadly activities of the major international criminal gangs operating in Dublin city which have bases throughout Europe. The activities of crime gangs are feared throughout the city by families and communities who are wondering when the next murder or attempted murder will take place. In the past seven days illegal drugs worth almost €40 million have been prevented from flooding communities around Ireland and bringing misery to families and young people. Such drugs are wrecking lives and preventing children from growing into healthy adults engaged in worthwhile activities and careers. An arsenal of high calibre weapons was seized, preventing further deaths, while almost €500,000 was confiscated. I commend An Garda Síochána and urge it to maintain this level of activity. On behalf of communities, I thank it for making the country safer.

I again raise the issue of councillors' pay having raised it in the House a number of days ago. There is no logical reason the pay increase of €1,000 should not apply to councillors in Dublin, Cork and Galway. The Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, is due to come to the House on 8 February, but I am not sure if we can wait until then to have the issue addressed. We need to have a serious discussion with him about it. The local authorities in Dublin, Cork and Galway are dealing with and overwhelmed by the problem of homelessness. Senator Grace O'Sullivan has referred to the fact that over 7,000 people were recorded as being homeless last month. In that context, the Minister's decision is unfair and lacks rationale. Will the Leader to bring the matter to the Minister's attention and ask him to devote some time to the issue during our discussions on 8 February, if we have to wait until then to meet him?

Photo of Ned O'SullivanNed O'Sullivan (Fianna Fail)
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I agree with Senator Frank Feighan's comments on the desecration of the grave of Mr. Éamon de Valera which should be condemned by every right-thinking person. It follows the damage inflicted on the grave of Mr. W. T. Cosgrave in Inchicore last year. This year marks the 100th anniversary of a pivotal event in Irish history when Mr. Éamon de Valera, in particular, had his finest hour - his first major electoral success in a by-election in County Clare. He was subsequently elected leader of the Irish Volunteers and Sinn Féin. That the graves of two fine men were desecrated is appalling. I ask the Government to focus on their importance and the wonderful confluence of national interests 100 years ago, long before there were divisions or splits. It was a wonderful time, with the emergence of a national consensus led by wonderful people.

Will the Leader ask the Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, to address the entitlement to public housing of persons in receipt of rent allowance? I refer, in particular, to the rental accommodation scheme, under which persons in receipt of long-term support may qualify for private rental accommodation for which the local authority will pay for a period of time. The local authority will enter into a contract with the landlord on behalf of the tenant. It is a great scheme which has been operating very successfully all over the country. However, there are differences in interpretation of the scheme across counties. In some counties the interpretation is that once a person is housed under the rental accommodation scheme, he or she will automatically come off the local authority's housing waiting list. This is a serious anomaly. Most people would like to have the security of having their own home. For example, I know of a single mother with three children who has been living in rented accommodation for a long time. She needs a bigger house and wants to move back onto the housing waiting list. She would then be prioritised, but in some counties this is not allowed to happen. Will the Leader ask the Minister to examine the issue?

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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On behalf of the Sinn Féin team in the Seanad I condemn what was done to Éamon de Valera's grave. It was wholly unacceptable; there are no other words for it.

Senator McDowell spoke about torture and I agree with what he said. We are ever mindful that thousands of young men in the North were interned, and many of them were tortured, and it is well-documented now in terms of the hooded men. They went through horrific torture. It was a political decision to do that, and the Irish Government and this 26 county State were complicit in their silence on that. I wanted to highlight that.

I was surprised yesterday to hear my colleague, Senator Swanick, champion the proposition of an annual national holiday on 21 January to celebrate our Independence because his own party, Fianna Fáil, has been inconsistent in its voting record regarding the issue of a public holiday to celebrate the struggle for Independence and all those who took part in it. Sinn Féin introduced the Public Holiday (Lá na Poblachta) Bill in October 2015 and before the last general election, Fianna Fáil voted in favour of it. However, when the Bill was reintroduced in June 2016 and again in November last, in light of the new arithmetic in the Dáil and despite the rise in the national sentiment as a result of the various events organised for the centenary year in which the public played a huge role, all Senator Swanick's colleagues voted against the very same Bill. I cannot understand why a Bill which was acceptable in October 2015 was deemed unacceptable and voted against the following June. I use this as an opportunity to urge Fianna Fáil to have the courage to agree with Sinn Féin when it matters. We are, of course, flattered by the continuing imitation of many of our policies but the public would gain far more if Fianna Fáil stayed away from the blue abstain button and gave voters the respect they deserve and took a stand on really important issues like this. Indeed, we saw the same behaviour-----

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Do not knock them totally. You might want to be in government with them.

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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Careful now. I know we are talking about your lovers on this side, but just calm down.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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You are over time, Senator Conway-Walsh. You are testing my indulgence.

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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I will finish with this, a Chathaoirligh, and I thank you. We saw the same behaviour from Fianna Fáil when it failed to support our motion to give voting rights to Irish citizens in the North and the diaspora only a number of weeks ago. I am still looking out for the new politics we were promised.

Photo of Ned O'SullivanNed O'Sullivan (Fianna Fail)
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Fianna Fáil is keeping Sinn Féin awake at night.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Ciúnas, le do thoil. Senator, maybe quiet word in your neighbour's ear in Belmullet might do the trick.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I want to say that since Sinn Fein embraced democracy in the recent past it has-----

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Sinn Fein)
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A bit like Fianna Fáil. Remember it had the guns under its oxters.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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-----come up with some very good ideas. When it comes up with good ideas, we do our best to facilitate them. In regard to Senator Swanick's Bill, an annual celebration of the anniversary of when we declared ourselves an independent Republic is an excellent proposal. We are not seeking to have that day classified as a bank holiday because that would place an extra burden on employers, who have to foot the bill for bank holidays. We are saying that it is an opportunity for schools and other institutions to celebrate an important part of our history. Regardless of where the idea comes from, if it is a good idea it should be followed.

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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Vote for it; do not abstain.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I am not familiar with the legislation Senator Conway-Walsh refers to. That was a matter that was dealt with in the Lower House. We are dealing with legislation that has been brought forward by our colleague in this House, and we look forward to the support of Sinn Féin for that legislation.

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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Why was the other legislation not supported?

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Can we avoid party politics?

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I wholeheartedly agree with Senator Boyhan and Senator McDowell regarding the Judiciary and the mechanism by which judges are appointed. For a senior Minister in government to call into question whether the Chief Justice of this State is capable of chairing such a judicial body is an absolute disgrace, and the fact the Government is allowing that Minister to continue to peddle this is another disgrace. The sooner the Minister is brought to book the better. Governments govern. They are not dictated to by the Independents, or should not be dictated to by them, and certainly when an important arm of our democracy is questioned, the person questioning it should be put in order fairly quickly. In terms of the Minister for Transport, Tourism and Sport, Deputy Ross, wanting to come to this House to debate an area which in my opinion has nothing to do with him, he is not the Minister for Justice and Equality; Deputy Frances Fitzgerald is. Granted, he is a member of the Government, and there is collective responsibility, but I would prefer if he dealt with the portfolio that he has direct responsibility for, a portfolio he has made a hames of. He is treating ordinary public sector workers with disdain. He can come here and discuss that, and let us put questions to him on the area he has responsibility for.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Before the Leader responds, I would like to point out an issue that troubles me a little. It is not the end of the world but on Thursdays, because of an arrangement in the Lower House and the unavailability of Ministers, it is unsatisfactory that we are put on hold for an hour and a half in the middle of the day.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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You are right, a Chathaoirligh.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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It is unfair on Senators, especially on a Thursday afternoon, when we lose an hour and a half purely because it does not suit the Lower House. It is wrong. I am not going to resolve it but perhaps we should focus our minds on it because if we did something to discommode the other House, we would hear about it very quickly. That is just a personal view. Perhaps, Leader, you can reflect on it or talk to the Taoiseach.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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Your personal view is reflective of that of many in the House who share your sentiment that we are forced to suspend business because of the lack of availability of a Minister. Perhaps the group leaders of all Members of the House, particularly opposition Members, might speak to their party Whips with a view to pairing Ministers for that period of time for voting on a Thursday or even allowing Ministers to be deemed present in terms of casting their votes because it is discommoding Members of this House. It is also disrupting the business of this House, a Chathaoirligh, and you are correct when you say that if we tried to change how we do our business and it imposed on the other House, we would not be long hearing about it and we would be told we could not do it. There is merit in your suggestion.

Perhaps it is a matter the Committee on Procedure and Privileges, CPP, can take up on our behalf, but it is something we should definitely reflect on. We speak of new politics but at one level new politics has ground legislation to a halt, whether because of pre-legislative scrutiny, which we welcome, or other matters. Members of this House are united regarding the approach to be taken to that.

I thank the 18 Members who spoke on a variety of issues. Senator Ardagh raised the issue of housing and of the Simon Community report published today. I am sure the Senator will join me in welcoming the Minister, Deputy Coveney's decision today to extend the rent pressure zones across the country. Supply is the issue we have to tackle. That is why Rebuilding Ireland provides for solutions to address the unacceptable number of people who are homelessness and in emergency accommodation. We need to see supply start. I am disappointed that the Senator spoke of not being able to see sods turn. I would be very happy to bring her to the Deanrock estate in my own constituency, where just this week we have seen bulldozers going in and work beginning on the construction of new units of social housing. It is important that we see units being built, vacant units being sourced by the Housing Agency and being put back to use and the continuation of the expansion of the housing assistance payment, HAP, for homeless tenants, which happened this year.However, I hope the Rebuilding Ireland targets will be met. The Minister is committed to coming back to the House as the Senator knows. I thank the Senator for raising the matter because it is important that we keep it at the top of the political agenda.

Senator Ardagh raised the issue of the funding of drug and alcohol agencies and the task force. This year's budget includes an additional allocation of €3 million to support drug and social inclusion measures in 2017. The extra funding given to the HSE and local drugs task forces will, I hope, continue to provide interventions aimed at improving the health outcomes of the most vulnerable. The Minister of State, Deputy Catherine Byrne, is from Senator Ardagh's constituency and she is progressive, proactive and, I am sure, will be happy to work with the Senator to address the issues she has in terms of her constituency. There has been an increase in the budget and I am sure we will all work to ensure that increases continue in regard to the issues Senator Ardagh has raised.

Senators Boyhan, McDowell and Wilson referred to judicial appointments. The Government is committed to reform in this area. It is important to recognise that we have been served well by the men and women we have appointed to a variety of judicial posts. Anybody who wants to investigate or analyse the role and work of our Judiciary will find it is exemplary. There may have been a minority who acted to the contrary over time, but one will always have that. It is important to set out that context. I hope that as part of the discussion around the judicial appointments Bill, common sense will prevail and that there will be a listening to what Members of this House say and to what was said in the Joint Committee on Justice and Equality yesterday. I have great faith in the current Chief Justice as I had in her predecessors and it is important that we allow for that independence of the Judiciary from the Executive to continue. We are governed by the Constitution. I hope we do not personalise this into an attack on the Minister for Transport, Tourism and Sport, Deputy Shane Ross, who has a very hard view of what should happen. I cannot answer for him.

Photo of Michael McDowellMichael McDowell (Independent)
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I know and I will be saying.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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I cannot answer for that.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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Senator McDowell will have a lot of us consulting him.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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Senator McDowell might share it with us if he knows.

Photo of Terry LeydenTerry Leyden (Fianna Fail)
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Speak out. Name and shame.

Photo of Michael McDowellMichael McDowell (Independent)
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I will at some stage.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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In time, yes. The Bill is complex and it requires detailed analysis, probing and consideration. I will be happy to have the Minister come to the House but it is important to recognise the significance of the work our Judiciary has undertaken and that it has been independent and served the State well.

Senators Boyhan and Devine referred to the Minister for Housing, Planning, Community and Local Government who I confirm will be in the House on 8 February, which is in just two weeks. As Senator Devine knows, the changes the Minister announced on councillors' pay and conditions will be the subject of a regulation introduced on 1 July. We must record that for the first time in 15 years, we have a Minister who is willing to make a change. Whether we agree or whether he has gone too far or not far enough are matters of opinion. The Minister has been the only Minister in the Department, despite views expressed in correspondence and commentary by certain Members of the House, who has done anything. I will stand to be tested on that because I know it is the correct answer. That is a fact.

Photo of Denis LandyDenis Landy (Labour)
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That is the Leader's opinion. It is not a fact.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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Senator Landy came in here-----

Photo of Denis LandyDenis Landy (Labour)
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I know he wants to have a go at me. Now is his opportunity.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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I want to put it on record that Senator Landy came in here and wrote to all the councillors about the former Minister. I can tell him that the former Minister did nothing and that Deputy Coveney had the courage to try to do something. Notwithstanding whether Senator Landy disagrees, he should give the Minister that credit.

Photo of Denis LandyDenis Landy (Labour)
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As I have done for him already, I will give the Leader the correspondence again on the matter.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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Please do. I note to Senator Boyhan that the next Stage of the Adoption (Amendment) Bill is next Tuesday. It will be Committee and Report Stages, depending on Friday, which is the closing date for amendments.

Senator Ó Domhnaill raised the issue of Brexit in the context of the reunification of our country. Those of us who are republican and wish to see a united Ireland recognise that we have come on a huge journey. However, I must make the point to Senator Ó Domhnaill that the language we use and the way we seek to achieve our aims are important. Sometimes I wonder about the means some people choose. It is important in the context of the question the Senator raised that we overcome the issue of Brexit first and embrace whatever happens in that process in addition to the situation with the elections in the North. We can then answer the question he discusses because it is important to allow for the work of the Good Friday Agreement to be continued and implemented. I am also happy to have the Minister come to the House to discuss Palestine.

Senator Landy raised the issue of public banking and I note that the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys, will be in the House on 9 February when she will be able to discuss that matter too. I would also be happy to have the Minister for Transport, Tourism and Sport, Deputy Ross, attend to discuss the issue Senator Mac Lochlainn raised about regional and local roads. We all welcome the increased funding in that regard. The point the Senator made about local improvement schemes was a worthwhile one and I would be happy to have the Minister come to the House to discuss it.

Senator Maria Byrne spoke about the action plan for apprenticeships and training and I would be happy to have the relevant Minister come to the House to discuss it. As a former director of adult education, I note the importance of further education and skills training which fell from view, unfortunately, in the recession. I hope we can have that important discussion. We commend the initiative of Government today on the provision of 50,000 apprenticeships and training places.

Senators Craughwell and Feighan referred to the siege of Jadotville. I pay tribute to the late Walter Hegarty and extend my sympathy to his family on his death. We have had this as part of a discussion here before. I am happy as Leader of the House to work with all sides to bring a motion forward that is acceptable to all of us. It is fair to say that the motion which has been circulated and to which Senator Mac Lochlainn is also a party does not, as currently drafted, reflect some of the things the Government has done. If we can agree a formula of words, we can bring forward an agreed motion. It is important to contextualise this. These are men who served their country and to whom a wrong was done and it is about rectifying that. The Government has tried to do that over time and as such I hope we can agree a motion we can all sign.

Senator Noone raised the important issue of obesity. The Government's Healthy Ireland umbrella project is a means to tackling that and I would be happy to have the Minister of State at the Department of Health, Deputy Corcoran Kennedy, come to the House to discuss it.

Senators Mac Lochlainn and Leyden raised the issue of inland fisheries and Lough Foyle. Only yesterday, the Minister of State, Deputy Kyne, said discussions were under way but there has been no resolution yet. The Minister, Deputy Flanagan, is on record as saying Lough Foyle is part of our territorial waters and that situation has not changed since our last discussion. I will be happy to have the Minister of State, Deputy Kyne, come to the House to discuss the issues raised by Senator Leyden. The CEO of Inland Fisheries Ireland, Dr. Ciaran Byrne, spoke at the publication of the report yesterday about the importance of angling in the context of tourism. Angling is a very important tourist attraction in this country and I will be happy to have the Deputy Kyne come to the House to discuss it. Equally, work is being done on a new sea fisheries and maritime jurisdiction Bill albeit I am not sure how we can marry both issues here. Let us hope we can.

Senator Grace O'Sullivan referred to courts and repossessions and I would be happy to have the Minister for Justice and Equality, Deputy Frances Fitzgerald, come to the House to discuss the matter. It is important to recognise the independence of the courts in regard to their decisions. The Minister and the Government generally are very conscious of the fact that they must work to ensure that people stay in their family homes.

Senator Colm Burke referred to planning for the future and I join him in welcoming and congratulating those involved in the €20 million development in Cork. This huge development for the city along Camden Place up to MacCurtain Street is one the Cathaoirleach will know quite well. The Minister, Deputy Simon Coveney, is working on the document on planning for the future of our cities and I hope that in tandem the Minister for Health, Deputy Simon Harris, will do the same in terms of the provision of health services. The issue Senator Colm Burke raised in relation to the need for 5,000 new hospital beds is one that must be seen to be delivered on in the city of Cork through the provision of a new hospital.

Senator Michael McDowell raised the issue of the Judiciary. I join him in particular and also Senator Rose Conway-Walsh, to whom I will refer in a second, in their comments on the barbaric decision of the President of the United States of America to reintroduce torture.As Leader of the House, I hope the Taoiseach who will be travelling to the White House on St. Patrick's Day and the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, who will meet Secretary of State Tillerson, if approved, will on behalf of all of us send the strong message that we oppose and abhor the reintroduction of torture. It is outdated, does not work or yield dividends and is contrary to human rights. I hope this House and the nation will send a strong message that we do not in any way condone but condemn the decision of the United States of America and the new President.

Senator Rose Conway-Walsh spoke about the North. The State was not complicit in or silent on the torture of those who were interned. I remind the Senator that the Government brought a case to Strasbourg which it won. She might reflect on that point.

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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That was a long time afterwards.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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It is important to note that the State was not complicit in that regard.

Senators Frank Feighan, Rose Conway-Walsh and Ned O'Sullivan spoke about the desecration and vandalism of the grave of Éamon de Valera. As Leader of the House, I join in the condemnation of those who carried out this act. Éamon de Valera was a statesman; he was Taoiseach and President of this country. He played a pivotal role in its history and development. Regardless of one's political viewpoint, his grave is his resting place. It is a place where people go to pray and worship and his family to remember him. Those of us who visit the graves of loved ones join in the calls for them to be left as sacred places.

I join Senator Máire Devine in congratulating An Garda Síochána on its success in recent days and weeks against gang members in Dublin city. It can only work with information that is in addendum to that gained in its own investigative work. As public representatives, I hope we will all ask people and impress on them the need to co-operate with An Garda Síochána and provide information. Those involved in criminal gangs in the capital city are from and living in the communities in which they are known. It is important that the Garda be given information, whether in community policing fora or privately and confidentially. It is important that we work with it to out the people concerned and bring them to justice.

If Senator Ned O'Sullivan has a specific issue about the rent allowance scheme, I will be happy to speak to him later about it. I will also be happy to have the Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, come to the House to discuss the scheme.

Senator Rose Conway-Walsh referred to Senator Keith Swanick's Bill. I think what he is trying to achieve is a celebration and a commemoration of the First Dáil on the date it first met. We should all aspire to achieving that objective. It is, however, a little populist and political to make an accusation in the context of votes for the diaspora. The Minister, Deputy Simon Coveney, gave a commitment during the discussion on the Bill that he would come back to the House with another to recognise the diaspora and those living in the North. It was a political shot because what Senator Keith Swanick is trying to do-----

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein)
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I know what he is trying to do.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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-----is commemorate the First Dáil on the day it first met. If we learn nothing else from history, we should learn how key events are commemorated in other states. My point on the Order of Business yesterday was that as we were not yet independent, it would not be known as "Independence Day" but that we should commemorate the meeting of the First Dáil. To be fair to Senator Diarmuid Wilson, he said it was not about it being a public holiday but as a date that would be recognised on the calendar.

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)
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I look forward to receiving the Leader's support.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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The Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, will attend the House on 8 February, while the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys, will attend on 9 February to discuss the rural action plan and other issues.

Order of Business agreed to.

Sitting suspended at 12.45 p.m. and resumed at 2 p.m.