Speech Archive MAY 2005
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.
Sellafield Nuclear Plant (25/05/05)
"Non-Resident" Taxation (25/05/05)
Dingle Name Change (25/05/05)
School Crises - Navan Schoolbus Crash (24/05/05)
Dublin Airport (19/05/05)
Statements on the European Consitution (18/05/05)
American Express Holiday Cost of Living Index (18/05/05)
Consumer Strategy Group (18/05/05)
National Report on Obesity and the Role of Primary Schools (18/05/05)
National Report on Obesity and the Role of Primary Schools (17/05/05)
RTE in Northern Ireland (12/05/05)
Safety,Health and Welfare at Work Bill (11/05/05)
Pensions Provision (11/05/05)
PIAB Report (11/05/05)
Garda Treatment (10/05/05)
Litigious Ireland (10/05/05)
Marino College (10/05/05)
Marino College- Request to Move Adjournment of Seanad under Standing Order 29 (05/05/05)
Registration of Deeds and Title Bill 2004 (05/05/05)
Maritime Safety Bill 2004 (04/05/05)
Marino College (04/05/05)
Immigrant Workers (04/05/05)
Sellafield Nuclear Plant
25/05/05 - The most worrying aspect of Sellafield is that the problem cannot be solved in our lifetimes. No matter what we do, there will still be a difficulty there for another 150 years, according to the recent survey referred to by Senator Brennan. The concern is that an accident at Sellafield followed by an easterly wind would bring the sort of destruction here that we saw in the Ukraine in 1986. If that happened our food chain would be contaminated for decades, if not for generations.
Every time someone undertakes a safety survey at Sellafield, they come out with an extraordinarily optimistic view that they will now implement 24,000 new safety measures. Senators will excuse my exaggeration in this respect. Every time such a safety survey takes place, however, I wonder how dangerous Sellafield was before and how dangerous it will be in future. Is it getting safer or will it always be dangerous?
I do not know the answer to questions that have been raised about the risk of cancer from Sellafield. I have heard the various arguments reflecting different views. Will the Minister examine the possibility of undertaking a survey of Sellafield’s possible impact on disease and illness? Are the stories about Sellafield’s carcinogenic effects correct and, if so, where do we go from here? There is no economic argument to justify the continuation of Sellafield.
There is certainly no environmental argument in its favour. Nothing is as likely to drive Irish people mad as listening to the polite, plummy accents of people from Sellafield who try to tell us that there is no environmental risk from the plant and that nuclear energy is a safe and environmentally clean way of producing electricity. That argument does not work. Sellafield is the dominant polluter of the Irish Sea and that fact must be dealt with.The evidence produced by a number of investigative programmes on RTE showed without doubt that Sellafield had a problematical impact.
It is impossible to discuss Sellafield without balancing the argument by examining alternative methods of producing energy. One way to demolish the economic argument for Sellafield is by taking a strong line in favour of alternative energy sources. I have raised, both in the House and privately with the Minister, the fact that there are no financial supports or tax incentives for wind energy here. Ireland is the only country in western Europe that does not provide such support for that alternative energy source. I wonder how far we have to go to convince some people of the need for wind energy projects. It is in all our interests, as well as being an investment in our future, to ensure that wind production is given the go ahead.
I want to debunk the arguments against wind energy. Wind farms may be unattractive but we should be prepared to put up with them. They may affect our skyline but as long as they are producing environmentally safe, green energy we should support their use.
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"Non-Resident" Taxation
25/05/05 - I could not agree more with Senator Brian Hayes on the issue of non-residents. I have raised it many times previously. The House should know the way those people living abroad are playing ducks and drakes with the scheme. If one flies into the country in one’s private jet to do a day’s business and then, like Cinderella, be out of the country by 12 o’clock, it is not counted as a day for purposes of the scheme. One could easily commute in and out of the country on that basis. This is appalling and gives a bad impression about our tax system and the way it treats the wealthy.
The last time I raised this issue, I got two different reactions. I got a stiff reaction from a well-known exile, a non-resident who took grave exception to what I said even though he could disagree with none of it. I also received letters from the chief executive officers of six publicly-listed companies, thanking me for raising the issue. They said they were sick and tired of seeing these heroes, who do not pay their taxes in Ireland, playing ducks and drakes with the system and that it should be changed. I often criticise Michael O’Leary but I always add the rider that at least he pays his taxes in this country.
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Dingle Name Change
25/05/05 - Rugadh agus tógadh mise i gCorca Dhuibhne agus chuaigh mé ar scoil le muintir na Gaeltachta agus na Galltachta. Bhí sean-eolas againn ar ár ndúiche féin. I cannot find any person from the Gaeltacht or Galltacht of west Kerry who agrees with the daft proposal to change the name of Dingle to An Daingean. It is a form of cultural terrorism to pretend this does some good for the Irish language. Muintir na Gaeltachta believe this is an embarrassment with no sense in it. It is of no help or use to anybody and is counterproductive to the tourism business, the main industry in west Kerry. It only creates confusion and is the kind of daftness that embarrasses those of us who support and use the Irish language.
The Government should do what every local authority does. If a placename is to be changed, a plebiscite of those living in the area is held. If the people want to change it, then it is changed. B’fhearr liom an focal “Daingean” go cinnte. However, I was born and reared in Dingle. That is the way it should stay. Will the Leader invite the Minister responsible to explain why this daft change is necessary?
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School Crises - Navan Schoolbus Crash
24/05/05 - As regards the tragedy in County Meath, after the Omagh bombing I visited some of the schools whose pupils had been killed in the explosion. Similarly, I spoke with teachers and the school authorities following the Dunblane tragedy in Scotland. One of the problems that exists in such situations in Britain, Ireland and even the United States, is how to deal with crises affecting schools.
There is no properly understood psychological or psychiatric method of dealing with such crises. Small things can become major problems, including how a school deals with media inquiries and whether individual or group counselling should be employed. Another issue is whether survivors should be encouraged to return to the scene of the accident and, thus, relive it. The roles of families and friends are also important in this respect. Other key questions include whether grieving is best done individually or collectively and the impact of grieving from one person to another. There is also an impact within school classrooms. Major issues are involved here, yet there is no proper way of dealing with such circumstances. It would be helpful to have a model from which to work.
This was a major tragedy but one death in a school can be tragic also. I saw the effect on a school where a child had been inadvertently dragged along by a bus and died as a result. I saw another case where an oil tanker inadvertently killed a child in a school yard. Such tragedies affect schools and their surrounding communities. The question is how such matters should be dealt with. It would be helpful if the Departments of Education and Science and Health and Children would put together some plan for dealing with such situations, which could then be made available to schools. Some years ago, I tried to initiate such a process and made some progress on it. However, this needs to be done professionally and in an organised and focused manner.
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Dublin Airport
19/05/05 -I agree that we need an urgent debate on the airport and transport policy. There are different points of view. Mine differs from that of many in this House. I have never been convinced that the privatisation of Aer Lingus would bring us a better deal. I have not seen that happen in any other privatisation to date.
I agree with the concept of competition, on the other hand. I have listened to the Minister for Transport, Deputy Cullen, who said that two competing terminals have never been successful in any airport in the world. There is a great deal of information in the ether. It is right that we have the Minister here to explain exactly what is happening, so we can offer our views on it and formulate a position on the future development of the national airline and the country’s main airport. I ask that we have an early debate on transport.
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Statements on the European Constitution
18/05/05 - I welcome our two colleagues from the European Parliament to the Independent benches, Deputy Marian Harkin, Mary Lou McDonald, MEP.
The EU guarantees peace within its borders. The point made by Simon Coveney, MEP, is correct. How can we justify standing back and doing nothing when faced with conflicts? Have we not been reared to believe that evil will triumph if good people do nothing?
The EU has benefited us culturally and guaranteed our identity. However, it has not benefited us in other areas such as fishing rights agus is mór an náire dúinn nár dheineamar beart ar son na Gaoluinne. Theip orainn sa mhéid sin, agus táimid fós ag iarraidh an fód a sheasamh. Ní fheadar an bhfuil buaite againn.
On the other hand, as Senator Henry has noted, the EU has greatly benefited us on issues like labour rights, health and safety issues and equality for women. We would never have made the progress that we did without the EU. The EU has clearly benefited us economically and opened up a market that was never there before. It has reduced our dependence on the UK as most of our trade before our entry into the EEC was with the UK. The UK is still a very important trading partner but we now have access to the European market.
Mary Lou McDonald, MEP, trotted out the easy line about the special place of NATO and the problems of a federal Europe. If someone talks to me about a federal Europe, I ask him or her to define what he or she is talking about, to tell me the difference between a confederation and a federation, to tell me what he or she is worried about and to put neutrality in the context of ethics, commitment, honesty and fairness. The moment when I began to question my commitment to Irish neutrality more than at any other time was when I watched people being slaughtered in Kosovo while nobody did anything about it. We are supposed to believe that doing nothing was the right course of action. There were no ethical grounds for the position we took at that time. I believe in neutrality in a perfect world but if we see wrong being done, we should take action.
It is wrong to sit back and let NATO and the United States do what they have done twice in the Middle East and continue to do around the world. If a balance is not achieved in foreign policy, we will reap a poor reward down the line. We need to become involved in foreign policy, which should be carried out very slowly and correctly. My position on neutrality, which I have held for many years, is severely threatened by what I have seen around the world over the past ten or 15 years. These two things do not marry well. The way to deal with conflict is by democratic means through United Nations with a democratic mandate, which it does not have at the moment, and a foreign policy in Europe that is democratically arrived at and does not give a special place to NATO. We should move towards a confederation, which is quite different from a federation and would secure national and European boundaries.
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American Express Holiday Cost of Living Index
18/05/05 - Senator Feargal Quinn put down a motion for debate on the issue of the American Express Holiday Cost of Living Index which revealed that Ireland now ranks second only to Norway as the most expensive holiday destination in Europe. I seconded the motion and what follows are some excerpts from my speech:
This is an important issue to debate. I wish to concentrate on the positive aspects. For the past two years, the Irish rate of inflation has been in the lower end of the European scale. There has been a very marginal levelling off of 1% or 2% over the course of the past two years.
The two biggest cost factors highlighted by the survey are car rental and a restaurant meal for two. The cost of car rental is related to insurance and illustrates and reinforces the importance of getting insurance costs in line. The insurance cost for car rental in Ireland is the reason for the exorbitant price and this should be examined. I am vice-president of the Personal Injuries Assessment Board and am glad to see some improvement taking place in that area. I hope more will follow and the House will be discussing the subject next month but it will be a slow process.
The other issue is that of restaurant prices. We cannot quibble with the report because we all know that a dinner for two in Ireland is more expensive than anywhere else in Europe. We should examine the reasons for this. I will illustrate the requirements which must be fulfilled by Irish restaurateurs.
I was sitting in this seat in the House 15 years ago when the regulations for the establishment of restaurants were introduced. Senator Ross and I were on the point of being thrown out of the House because we objected to them. We regarded them as making it impossible to open a restaurant.
I ask the Minister of State to consider the regulations which must be complied with in order to set up a restaurant and which are all about cost. There must be a certain number of doors between the kitchen, toilet and dining areas. These regulations do not apply in most of Europe and this is an issue we should consider. We can do something about the cost of restaurant meals and car hire.
I raised an issue recently and received a lot of nasty mail as a result but I will raise it again. When I travel in Europe I always price the basic nine or ten-inch pizza margarita because it is a good indicator, like the hamburger index. I bought one in a beautiful, sit-down restaurant last week in Ireland. It was the cheapest pizza I had eaten since I was in Italy about two years ago. It cost €6.75 in a nice restaurant which was brand new, with good food and the proper ambience. This may be a sign things are changing.
People are beginning to question the prices. It is good to see people querying prices because in the past we were not used to asking about the price of goods. As we become better off as a nation, I think we are becoming more confident about questioning prices.
For the first time in 20 years, bed and breakfast houses are facing serious competition from hotels. The costs of hotel and bed and breakfast accommodation are being driven down.
I recently travelled by train from Bristol to Falmouth which is a three and a half hour trip, like the journey from Dublin to Cork, which cost over €80 return, £55 sterling one way and £56 return. The following week I took a return train journey from Rosslare to Dublin and it cost €24. Train travel is a lot cheaper in Ireland than in France or in the UK but it is cheaper in Spain and Italy than in Ireland.
I have been a little disjointed in my contribution but this has been deliberate. I want the House to take a close look, as Senator Quinn requested, at the issue. Even though our prices are high, they are not high in every area. We should consider what is low and what is high and take action on high prices inasmuch as we can. We should sell Ireland in terms of quality and level of service.
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Consumer Strategy Group
18/05/05 - I understand the Minister for Enterprise, Trade and Employment, Deputy Martin, will make a public statement today on the new consumer strategy group proposals. This will apparently lead to the establishment of a new super-agency for consumer strategy. We must remind ourselves that a significant part of the problem in this area is that resources have never been made available to the Office of the Director of Consumer Affairs to allow it to undertake its functions properly. The notion that some new all-encompassing body can now take over and perform more effectively will only prove true if the necessary resources are made available. The reality is those resources have never been provided before.
It [the Government] is focusing on the consumer strategy group to secure headlines for something which may well never get the resources to undertake its functions effectively and which, at any rate, cannot come into existence until after legislation is passed through the Houses, which could take four years.
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National Report on Obesity and the Role of Primary Schools
18/05/05 - I raised the national report on obesity and related matters yesterday in regard to primary school children. Employees in my office telephoned 20 random primary schools yesterday and could not find one with a vending machine. This raises questions as to where the report’s authors undertook their research. I pointed to the difficulties of many primary schools in terms of the provision of games and physical education and observed that many schools have no GP rooms and are forced to install prefabs in the school yard. In this context, I put forward the proposal that we should examine the possibility of appointing games co-ordinators and specialised PE teachers.
There was one issue I neglected to mention but which we should also consider. Cookery is a subject that is no longer allocated any time on the primary school curriculum. The availability of specialist cookery teachers would mean primary children could learn how to cook properly. The pressures teachers are under to implement the curriculum mean there is not time for such instruction. The issue of specialisation in the areas of physical education and cookery should be considered.
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National Report on Obesity and the Role of Primary Schools
17/05/05 - The national report on obesity and related matters has been much in the news over the last 24 hours. It would be helpful if the Leader were to ascertain from the authors of this report the country in which the review of primary schools was undertaken. In which schools can we find the vending machines which the report recommends should be banned? Did the authors notice that the vast majority of primary schools do not have GP rooms and that many of those that do are obliged to use those rooms as classrooms? Are they aware that in many areas, providing for physical education becomes impossible in any type of inclement weather and that there are significant difficulties of insurance, location and logistics in organising games, even large-scale games such as those organised by Dublin and Cork city councils? Whereas the ideas are good and would be supported by the education community, work is being done free gratis through voluntary contributions from teachers, parents, school management and, sometimes, the support of local clubs. A debate on this matter would be helpful in order to point out how proposals may be made to work. Physical education is possible in primary schools, as is an interest in games but we need to explore various aspects. Account must be taken of children who are not proficient at competitive games, do not like physical force games or have other interests. Various activities, from croquet to GAA, should be considered to give a child the outlet he or she requires. These actions call for political will but do not require significant sums of money. Teachers will be delighted to become involved.
Some years ago, I proposed in this House that a games co-ordinator for primary and post-primary schools should be employed in every area. It would be helpful if this was so in the context of the important issues which are now faced. I call for a debate on this aspect of the report.
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RTE in Northern Ireland
12/05/05 - I have been asked regularly over the past year by a number of my constituents in the North why RTE cannot be received throughout that jurisdiction. If there is to be an understanding between people North and South of the Border, the same television stations should be available in all parts of the island so there is communication and a cultural link between people. As a spin-off of the Good Friday Agreement and given the need to bring people closer together, it would be helpful if RTE were available in all parts of Northern Ireland. Will the Leader ask the Minister for Communications, Marine and Natural Resources to come to the House to discuss this issue?
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Safety, Health and Welfare at Work Bill
11/05/05 - While I have some reservations, I consider the Bill to be an impressive piece of legislation. There is nothing more important than for Irish workers to feel they are operating in a safe workplace and the Bill will achieve that.
From an early stage, reservations were expressed about aspects of the Bill, including the entitlement of employers to check that workers were not under the influence of any intoxicant. While there were some concerns that the provision might be abused, no one could object to an employer satisfying himself or herself that an employee was not under the influence of any intoxicant. That makes reasonable sense and as long as it can be implemented in a manner that is agreed and supported both by employers and employees, I do not see any difficulty with it.
The matching requirements of employers and employees are important. As a trade union official, I often had to discuss with union members the fact that everybody has a responsibility in this regard. If there is some problem it should be pointed out and if the case is a reasonable one it should be dealt with. All health and safety legislation must be infused with large doses of common sense and pragmatism. That is the only way it will ever work because one cannot foresee every possible minor event that might arise. In this respect, people must be properly trained.
Section 10 provides that the training of employees will encompass the issues of health and safety and risk assessment, which is very important. It is only reasonable that employees must also undergo health and safety training and assessment. The health and safety issue is everybody’s shared responsibility.
As a trade union official for many years, I criticised employers for not having made this a serious issue. We should make it clear that there is an equality of responsibility on people to ensure the workplace is safe. There is a requirement on employees to point out to employers what they think is dangerous. In addition, there is a responsibility on employers to act on such advice. The fact that people must prove that they have undergone health and safety training in certain areas is also important.
When the legislation was introduced, I understood there would be a requirement for an annual review of risk assessment, but it seems to have changed. Any audit should be required to deal with risk assessment. I hope that under the provisions of section 19, risk assessment will be reviewed by employers, at least annually. That would reflect the content of section 10(2), which should be formalised so that such an assessment would be made in the course of any year.
Regulation consultations are required between employers and employees because, while their responsibilities may not be equal, they are shared. If the Bill is going to work, there should be a requirement for consultation. In that way, an employee would be required to tell an employer about, for example, a risky fuse box or a potentially dangerous electric wire.
I am using those examples to illustrate a practical point, which is to ensure that, as section 10(2) provides, training “shall be adapted to take account of new or changed risks to safety...”. That should be done in a structured fashion comprising a regular consultation between employers and employees on safety and an annual review of any safety risks. The consultation and review could be undertaken together. I am not talking about a three-day meeting, but management and staff could deal with whatever health and safety issues need to be taken into account, whether they are doing things correctly, whether any dangerous matters are being overlooked and, if so, what needs to be done about them. I would like the Bill to provide for such a consultation and review.
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Pensions Provision
11/05/05 - I only have time to make three fundamental proposals. It might be worthwhile if the Minister’s public relations or media consultants telephoned RTE to ensure that the next time somebody in RTE discusses with pensioners how hard it is to live on a pension, he or she asks the pensioners if they made any arrangements for their retirement pension. The debate has gone too far to one side. I am one of those who will argue that the Minister should increase the old age pension. It should be larger and I will fight for and demand that. However, I also demand that people make provision as well. For that reason, I support the concept of compulsory pension arrangements. I have argued for it within the trade union movement for many years.
The establishment period before people get involved in such arrangements should be short but any period of employment longer than six months should have an equal and opposite level of pension contribution or pension arrangement. I will argue with anybody who takes a different view. How that is done, who should pay into it and what the responsibilities of the employers, workers and the State should be are matters for negotiation and argument. That is about implementation but the general principle must be accepted.
In my first couple of years as a Senator in the late 1980s, I took great satisfaction in negotiating the right of former Members to get their pensions back. Many Members who lost their seats cashed in their pensions. This is the quickest cheque people will get from the Department of Finance. If people seek to cash in their pension, the money will be sent almost by return post in case they change their mind. The Department wants to be rid of them. Now, anybody who is a Member of the House for more than a year must have preserved pension arrangements. It does not apply for lesser periods.
That is the compulsion issue. The second requirement is the introduction of significant flexibility in pension legislation. We need to examine the issue of “bridge” jobs. I could have predicted the response the Minister got last week because I have been there and dealt with it. The first response of people is: “I do not want to work until I am 70”. It is an instinctive response. However, one of the groups who demand pensions is teachers, the people I represent most of the time, and they will be the first to say that although they do not wish to work until they are 70, they do not want a situation where they work full time to a certain day and are retired the following day. We must introduce flexibility. This has been done in the United States, where the legislation has been changed.
There must be flexibility for both social and practical reasons. Take the example of people who work for the ESB and who reach retirement age. They have built up a huge store of experience and knowledge in that industry. They would like to contribute more but not on a full-time basis. As they are drawing their pensions, they can no longer work for the company because the legislation does not allow them to draw a pension and also be employed. They therefore go to work for Veridian or some other company. In other words, they can bring all their experience to the opposition because we do not provide the flexibility to allow them to work for half the year, day or week. People should be able to go on reduced pension. They could continue to draw that pension and a salary and have a proportion of the salary apportioned back into their pension to allow it to grow. In other words, people would slide out of work into retirement.
My final proposal is the introduction of inflation-linked Government bonds. The case for doing so is compelling. I am aware of the arguments for and against their introduction and I have studied the issue for some years. We must introduce them. It would reduce the cost of private sector pensions by at least 5%. The Minister need not waste his breath talking to the Department of Finance because it will only offer reasons for not doing it. There are solid arguments against it but the arguments in favour are overwhelming and compelling.
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PIAB Report
11/05/05 - The Personal Injuries Assessment Board… has just issued its first report. I would welcome a debate on the report. When the legislation went through the House, Members raised serious considerations about the board. If I may gently correct the Leader in a comment she made yesterday in describing the settlements as low. It gave a clear impression that the claimants received a lesser amount of money.
The overall costs are low because legal, administrative and all other costs are down. It is important to make clear that the amount of money which claimants receive is not reduced, as people with another agenda are implying that people should not go through the system because they will end up with less money. That is not the case.
I ask the Leader to organise a debate on the PIAB, not this month, but perhaps in the final week of the current session, when we will have greater experience of its dealings. Some 8,000 cases are currently being processed but only a few are being concluded. Another month will elapse before a clearer picture emerges. Details of the first 25 cases to be processed were announced yesterday and the results are very satisfactory, as no doubt further results will be. The legal profession is also learning to live with the situation. It is not a question of removing legal advisers from cases in which they need to be involved. That need will still exist.
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Garda Treatment
10/05/05 - Last weekend a garda in Carrickmacross went to investigate something suspicious on the bridge in the town. For doing his duty he found himself grappled with and thrown over the bridge. He is still in hospital with numerous fractures. The way things are in society, it is hardly worth more than half a paragraph in the newspapers. It is quite appalling that a public servant, a guardian of the peace, working on our behalf should be treated so badly.
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Litigious Ireland
10/05/05 - Last Friday in a little post office in Glasnevin which was being held up, an African man went to the aid of staff. At great personal risk, he threw himself at the man who was holding up the post office, grappled with him and they both went through the window. He held the man down until gardaí arrived. The first thing the gardaí heard was the man on the ground who had been attempting to rob the post office say: “I want this man sued.” That is the point we have reached in society. Litigious Ireland has gone beyond all control. We must have some indication from the Minister on how we can change attitudes in this area so we can stand together.
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Marino College
10/05/05 - Last week I raised the Marino college case. I put on record my thanks to the Leader of the House for raising it with the Minister for Education and Science. I welcome the fact that the Minister has now put in train an investigation into one aspect of the issue. I appreciate that and thank the Leader.
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Marino College - Request to Move Adjournment of Seanad under Standing Order 29
05/05/05 - I raised the issue of the Marino Institute of Education on yesterday’s Order of Business and was pleased it was taken up by many others over the course of the day. It has now come to light that the college cannot finalise its teacher education budget for next year because it does not yet know the cost caused by the legal action fiasco. The college was advised not to take legal action but responded in a macho fashion by allowing the principal take a case for constructive dismissal. Its attitude was, to coin a term, “Bring it on”. I will not try the Cathaoirleach’s patience, but have written to him this morning seeking the urgent adjournment of the House to deal with the issue.
In the past 24 hours I have been provided with information that has led me to request a motion for the adjournment of the House on a specific and important matter, namely, the crisis in Marino Institute of Education. It appears that the operation of the board and the conduct of its members has resulted in a legal fiasco. I wish the House to examine to role of the Svengali-like figures on the legal committee of the board who pushed the institute into taking a disastrous legal action that has cost so much money that the normal work of the institute cannot continue. The role of the person who said that the institute was sitting on 38 acres of prime land in north Dublin, it should get back to work and then set up a meeting of the board in an office of Treasury Holdings must be analysed. I feel these matters need to be discussed. This man is a former chairman of one of the docks operations.
I want to make two points to help the Cathaoirleach make up his mind. I came across an e-mail to members of the board that included the words “slowly, slowly, catchy monkey”. ..... there was a planned campaign of harassment, bullying and intimidation to force the resignation of a fantastic educator and leader. This attitude of getting rid of people who are in the way is not acceptable.
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Registration of Deeds and Title Bill 2004
05/05/05 - I also welcome this important Bill. I wish to raise the question of the level of involvement of lawyers in the process. I have examined the positions which have evolved in other European countries. Under the French system, the registration or transfer or conveyancing is performed by one particular solicitor. The notaire is usually appointed by the State and is required to ensure that the vendor is the owner of the property, that the property is compliant with the appropriate planning legislation and that there are no encumbrances or title demands on it by virtue of previous relationships such as marriage, divorce or children. The notaire establishes these facts as far as the vendor is concerned. The notaire also establishes that the person buying the property, who is to become the new registered owner, is in a position to do so. If a mortgage is involved, the notaire establishes whether the person has received a mortgage or has the wherewithal to buy it. After assessing all these questions, the notaire then brings notice of the intending sale, transfer or conveyancing to the attention of the appropriate local authority. One solicitor effectively acts as an honest broker and represents the state in the sense of ensuring that the transaction is carried out appropriately; that in all situations the people involved in the transaction are the ones who are entitled to be involved in it and that the transaction complies in every way with planning laws and any other legislation. The notaire is also responsible for bringing the fact that the transaction has taken place to the attention of the appropriate taxation and other state authorities.
The French system is a very appropriate way of dealing with property transactions. It does not prevent either party to the transaction from also engaging his or her own solicitor but the notaire system means that he or she is not required to engage a solicitor and the state has oversight over the transaction and ensures that it happens correctly. Introducing the same system in Ireland would dramatically reduce the inconveniences of transactions.
Under the French system there are also time limits on all these matters. For example, before registration, a pre-agreement and an agreement must be reached and there is a cooling off period after the initial agreement to engage in the transaction, which I think must be confirmed 11 or 15 days later and cannot be agreed before this period. The legalities of the conveyancing must be concluded within nine weeks of the second date. That introduces an element of certainty into the process. People always worry about such matters as whether the conveyancing has taken place or whether the deeds are lying around in the solicitor’s office.
I do not know if it is appropriate to mention this matter with regard to this debate but some European countries have a maximum amount as regards the cost of a sale. The total cost of State tax, land tax or stamp duty plus the cost of agents and legal fees cannot exceed a certain percentage of the price. In some countries, the figure is approximately 9%. Again, this provision brings an element of certainty and security to those involved in the transaction and is a welcome element. These issues should be taken on board and perhaps spelled out in more detail.
The Taoiseach made a comment in the Dáil approximately 18 months ago when the cost of houses, land and development land and the difficulty of getting access to development were being discussed. He stated that he believed that the vast bulk of potential development land around Dublin was owned by a small number of people; I think he mentioned a figure of eight or nine. I was stunned by his statement and it confirmed what many people had been saying. I met him privately later on and asked him how he came by that figure. He said that the information he had led him to that conclusion.
The problem to which the Taoiseach referred is one encountered by many of us when we try to address this issue. It also emerged during the various tribunals. Whereas land registration must take place legally, the question of options over the purchase of land is not recorded or registered anywhere. I have only skimmed through the Bill but I do not think this aspect is covered. The sale of options on the purchase of land should be recorded. The lack of data on the sale of options over the purchase of land is the reason why a number of shady developers have purchased options on the purchase of land in many parts of the country. I know of people who have sold options over the purchase of their land, yet there is no record of it.
Similarly, people sign legal agreements to transfer, sell or change the ownership of property registered under one person’s name while that person simultaneously signs another document agreeing to transfer that land at a future time to another named person whose name does not appear on any titles anywhere. This is why tracing ownership became so difficult in some of the tribunals. The question of options and agreement on land sale should be recorded, perhaps through a solicitor or agency. We need to address this issue some time in the future.
Apart from that, I welcome the Bill, which considerably loosens up things and should be welcomed by people on all sides. I ask the Minister to consider some of the points I have raised.
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Maritime Safety Bill 2004
04/05/05 - Upon examining section 16 concerning authorised officers, it occurred to me that there is specific reference in all other legislation to the role of the harbour master. As both the Minister of State and I know, the harbour master is crucial to the general operation of harbours in ensuring the implementation of Acts.
I have received representations about a difficulty arising from this Bill because harbour masters are not specifically mentioned. I ask the Minister of State to examine this matter with a view to determining whether further work is needed before it is introduced in the Dáil. A risk concerning certain ambiguities surrounding the role of the harbour master or the dilution of this role by the Bill exists, in particular where the harbour master is appointed by some form of harbour authority and must have his or her position sanctioned by the Garda or the Minister. There are problems of transition that may just be housekeeping, which can be dealt with quickly.
Our harbour masters are referred to in all relevant legislation, from primary legislation to by-laws. I fear that a smart Alec will challenge the harbour master’s role and find we have left a gap in the Bill. This is my residual worry. The harbour master is recognised internationally as the appropriate person for the role. If one arrives in a port in the Mediterranean, the south of England or the west of Ireland, the person in charge is the harbour master. A harbour master is appointed by local authorities to manage harbours under their jurisdictions and by-laws. Rosslare, where the local authority appoints the harbour master, is another example of what I am talking about.
The Minister of State and I have trust and confidence in the fantastic work harbour masters have done around the country. Is it not important to underline and reinforce their authority and our trust and confidence in them by having them mentioned in the Bill? This significant legislation will be welcome.
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Marino College
04/05/05 - The Leader of the House should facilitate the making of statements in the House concerning the situation in Marino College of Education. To the best of my knowledge, the board of governors should resign from office or even be dismissed. It is a worrying “States of Fear” situation with intimidation, abuse and questionable financial transactions taking place. I want to have this situation examined from an educational point of view and because the Minister of Education and Science would have a view on why these matters have developed.
The college president and three other people have challenged the authorities at various stages. One found himself sent to darkest Africa, as might occur in feudal times. The college president and another individual were requested and required to submit themselves for psychological and psychiatric examination. Another individual was told to reconsider his position and the last was told he could look forward to no further promotion.
…questions were raised about why a surplus of State funds found itself in the same account from which were bought at least four apartments owned by the college. I want to know why State money should be in such a situation.
….there were financial implications attached to a situation where the college president questioned why the list of employed staff differed from the list of actual staff. This led to questions which in turn led to total intimidation, abuse and bullying which has ultimately led to a star of the Irish primary education system feeling the need to resign her position as college president. Much needs to be discussed here and I want the opportunity to do so. The events that are taking place are outrageous and the Department of Education and Science cannot wash its hands of it. It is more than it can tolerate.
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Immigrant Workers
04/05/05 - I thank the Minister for passing the information concerning Gama Construction to the authorities that can take action because that is crucial. The Minister was overly coy in his speech in saying legislation will address ownership of the permit. What will this legislation state? Who will hold the permit? The permit application should be initiated by the employer and, if granted, should be granted to the employee. The employee should be able to get the permit renewed or changed at the Department of Enterprise, Trade and Employment. I have been very impressed by officials at the Department in their commitment to labour and equality legislation. The problem is not within the Department. The problem lies in the staff numbers in the inspectorate. We need an enlarged inspectorate.
I am frustrated that trade unions and Government are dealing with this issue. Where is the contribution from IBEC? For every unscrupulous employer there is another fair employer who is being undercut and is at a disadvantage.
This situation is not in our interest. IBEC should be asked to speak up on this issue. We need to increase the inspectorate size and we need to ensure the work permit becomes the property of the employee. Any outstanding EU procurement directives should be put in place.
A culture of impunity appears to be developing among some employers. I am uncomfortable with all employers being tarred with the same brush as Gama Construction Ireland Limited. That is grossly unfair. Those who are acting unscrupulously and exploitatively are doing so with some impunity. The legislation should be framed in such a way that a company is required to prove compliance if challenged. The Minister’s work would be easier and the number of inspectors could be reduced if agreement were reached with employers that registered and accredited trade union representatives could see the facts for themselves. This would save calling in the Department’s inspectors and would prevent exploitation. Companies seeking permits should be required to prove to the Department that they are fair employers. According to the information on the Department’s website this point needs to be proved. There should be a requirement to issue payslips and any company that does not issue payslips should be in trouble.
When companies compete for public contracts the Department should be reassured the employers are compliant. In recent years the Minister has said the work permit system has readily facilitated the change of employment of the migrant worker. I do not agree with that. I agree with the Minister’s point that registering every employer ensures traceability. I would like this to be done for employers overseas and it should happen immediately. Once the employer initiates the permit it should be the property of the worker and the worker should be able to renew it in accordance with the existing procedure. The Minister should be satisfied the company is compliant with labour and equality legislation. Not only should migrant workers be paid a reasonable amount, they should be paid the same as their Irish colleagues.
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Seanad debates are available in full on the Oireachtas Website
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.
Sellafield Nuclear Plant (25/05/05)
"Non-Resident" Taxation (25/05/05)
Dingle Name Change (25/05/05)
School Crises - Navan Schoolbus Crash (24/05/05)
Dublin Airport (19/05/05)
Statements on the European Consitution (18/05/05)
American Express Holiday Cost of Living Index (18/05/05)
Consumer Strategy Group (18/05/05)
National Report on Obesity and the Role of Primary Schools (18/05/05)
National Report on Obesity and the Role of Primary Schools (17/05/05)
RTE in Northern Ireland (12/05/05)
Safety,Health and Welfare at Work Bill (11/05/05)
Pensions Provision (11/05/05)
PIAB Report (11/05/05)
Garda Treatment (10/05/05)
Litigious Ireland (10/05/05)
Marino College (10/05/05)
Marino College- Request to Move Adjournment of Seanad under Standing Order 29 (05/05/05)
Registration of Deeds and Title Bill 2004 (05/05/05)
Maritime Safety Bill 2004 (04/05/05)
Marino College (04/05/05)
Immigrant Workers (04/05/05)
Sellafield Nuclear Plant
25/05/05 - The most worrying aspect of Sellafield is that the problem cannot be solved in our lifetimes. No matter what we do, there will still be a difficulty there for another 150 years, according to the recent survey referred to by Senator Brennan. The concern is that an accident at Sellafield followed by an easterly wind would bring the sort of destruction here that we saw in the Ukraine in 1986. If that happened our food chain would be contaminated for decades, if not for generations.
Every time someone undertakes a safety survey at Sellafield, they come out with an extraordinarily optimistic view that they will now implement 24,000 new safety measures. Senators will excuse my exaggeration in this respect. Every time such a safety survey takes place, however, I wonder how dangerous Sellafield was before and how dangerous it will be in future. Is it getting safer or will it always be dangerous?
I do not know the answer to questions that have been raised about the risk of cancer from Sellafield. I have heard the various arguments reflecting different views. Will the Minister examine the possibility of undertaking a survey of Sellafield’s possible impact on disease and illness? Are the stories about Sellafield’s carcinogenic effects correct and, if so, where do we go from here? There is no economic argument to justify the continuation of Sellafield.
There is certainly no environmental argument in its favour. Nothing is as likely to drive Irish people mad as listening to the polite, plummy accents of people from Sellafield who try to tell us that there is no environmental risk from the plant and that nuclear energy is a safe and environmentally clean way of producing electricity. That argument does not work. Sellafield is the dominant polluter of the Irish Sea and that fact must be dealt with.The evidence produced by a number of investigative programmes on RTE showed without doubt that Sellafield had a problematical impact.
It is impossible to discuss Sellafield without balancing the argument by examining alternative methods of producing energy. One way to demolish the economic argument for Sellafield is by taking a strong line in favour of alternative energy sources. I have raised, both in the House and privately with the Minister, the fact that there are no financial supports or tax incentives for wind energy here. Ireland is the only country in western Europe that does not provide such support for that alternative energy source. I wonder how far we have to go to convince some people of the need for wind energy projects. It is in all our interests, as well as being an investment in our future, to ensure that wind production is given the go ahead.
I want to debunk the arguments against wind energy. Wind farms may be unattractive but we should be prepared to put up with them. They may affect our skyline but as long as they are producing environmentally safe, green energy we should support their use.
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"Non-Resident" Taxation
25/05/05 - I could not agree more with Senator Brian Hayes on the issue of non-residents. I have raised it many times previously. The House should know the way those people living abroad are playing ducks and drakes with the scheme. If one flies into the country in one’s private jet to do a day’s business and then, like Cinderella, be out of the country by 12 o’clock, it is not counted as a day for purposes of the scheme. One could easily commute in and out of the country on that basis. This is appalling and gives a bad impression about our tax system and the way it treats the wealthy.
The last time I raised this issue, I got two different reactions. I got a stiff reaction from a well-known exile, a non-resident who took grave exception to what I said even though he could disagree with none of it. I also received letters from the chief executive officers of six publicly-listed companies, thanking me for raising the issue. They said they were sick and tired of seeing these heroes, who do not pay their taxes in Ireland, playing ducks and drakes with the system and that it should be changed. I often criticise Michael O’Leary but I always add the rider that at least he pays his taxes in this country.
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Dingle Name Change
25/05/05 - Rugadh agus tógadh mise i gCorca Dhuibhne agus chuaigh mé ar scoil le muintir na Gaeltachta agus na Galltachta. Bhí sean-eolas againn ar ár ndúiche féin. I cannot find any person from the Gaeltacht or Galltacht of west Kerry who agrees with the daft proposal to change the name of Dingle to An Daingean. It is a form of cultural terrorism to pretend this does some good for the Irish language. Muintir na Gaeltachta believe this is an embarrassment with no sense in it. It is of no help or use to anybody and is counterproductive to the tourism business, the main industry in west Kerry. It only creates confusion and is the kind of daftness that embarrasses those of us who support and use the Irish language.
The Government should do what every local authority does. If a placename is to be changed, a plebiscite of those living in the area is held. If the people want to change it, then it is changed. B’fhearr liom an focal “Daingean” go cinnte. However, I was born and reared in Dingle. That is the way it should stay. Will the Leader invite the Minister responsible to explain why this daft change is necessary?
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School Crises - Navan Schoolbus Crash
24/05/05 - As regards the tragedy in County Meath, after the Omagh bombing I visited some of the schools whose pupils had been killed in the explosion. Similarly, I spoke with teachers and the school authorities following the Dunblane tragedy in Scotland. One of the problems that exists in such situations in Britain, Ireland and even the United States, is how to deal with crises affecting schools.
There is no properly understood psychological or psychiatric method of dealing with such crises. Small things can become major problems, including how a school deals with media inquiries and whether individual or group counselling should be employed. Another issue is whether survivors should be encouraged to return to the scene of the accident and, thus, relive it. The roles of families and friends are also important in this respect. Other key questions include whether grieving is best done individually or collectively and the impact of grieving from one person to another. There is also an impact within school classrooms. Major issues are involved here, yet there is no proper way of dealing with such circumstances. It would be helpful to have a model from which to work.
This was a major tragedy but one death in a school can be tragic also. I saw the effect on a school where a child had been inadvertently dragged along by a bus and died as a result. I saw another case where an oil tanker inadvertently killed a child in a school yard. Such tragedies affect schools and their surrounding communities. The question is how such matters should be dealt with. It would be helpful if the Departments of Education and Science and Health and Children would put together some plan for dealing with such situations, which could then be made available to schools. Some years ago, I tried to initiate such a process and made some progress on it. However, this needs to be done professionally and in an organised and focused manner.
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Dublin Airport
19/05/05 -I agree that we need an urgent debate on the airport and transport policy. There are different points of view. Mine differs from that of many in this House. I have never been convinced that the privatisation of Aer Lingus would bring us a better deal. I have not seen that happen in any other privatisation to date.
I agree with the concept of competition, on the other hand. I have listened to the Minister for Transport, Deputy Cullen, who said that two competing terminals have never been successful in any airport in the world. There is a great deal of information in the ether. It is right that we have the Minister here to explain exactly what is happening, so we can offer our views on it and formulate a position on the future development of the national airline and the country’s main airport. I ask that we have an early debate on transport.
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Statements on the European Constitution
18/05/05 - I welcome our two colleagues from the European Parliament to the Independent benches, Deputy Marian Harkin, Mary Lou McDonald, MEP.
The EU guarantees peace within its borders. The point made by Simon Coveney, MEP, is correct. How can we justify standing back and doing nothing when faced with conflicts? Have we not been reared to believe that evil will triumph if good people do nothing?
The EU has benefited us culturally and guaranteed our identity. However, it has not benefited us in other areas such as fishing rights agus is mór an náire dúinn nár dheineamar beart ar son na Gaoluinne. Theip orainn sa mhéid sin, agus táimid fós ag iarraidh an fód a sheasamh. Ní fheadar an bhfuil buaite againn.
On the other hand, as Senator Henry has noted, the EU has greatly benefited us on issues like labour rights, health and safety issues and equality for women. We would never have made the progress that we did without the EU. The EU has clearly benefited us economically and opened up a market that was never there before. It has reduced our dependence on the UK as most of our trade before our entry into the EEC was with the UK. The UK is still a very important trading partner but we now have access to the European market.
Mary Lou McDonald, MEP, trotted out the easy line about the special place of NATO and the problems of a federal Europe. If someone talks to me about a federal Europe, I ask him or her to define what he or she is talking about, to tell me the difference between a confederation and a federation, to tell me what he or she is worried about and to put neutrality in the context of ethics, commitment, honesty and fairness. The moment when I began to question my commitment to Irish neutrality more than at any other time was when I watched people being slaughtered in Kosovo while nobody did anything about it. We are supposed to believe that doing nothing was the right course of action. There were no ethical grounds for the position we took at that time. I believe in neutrality in a perfect world but if we see wrong being done, we should take action.
It is wrong to sit back and let NATO and the United States do what they have done twice in the Middle East and continue to do around the world. If a balance is not achieved in foreign policy, we will reap a poor reward down the line. We need to become involved in foreign policy, which should be carried out very slowly and correctly. My position on neutrality, which I have held for many years, is severely threatened by what I have seen around the world over the past ten or 15 years. These two things do not marry well. The way to deal with conflict is by democratic means through United Nations with a democratic mandate, which it does not have at the moment, and a foreign policy in Europe that is democratically arrived at and does not give a special place to NATO. We should move towards a confederation, which is quite different from a federation and would secure national and European boundaries.
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American Express Holiday Cost of Living Index
18/05/05 - Senator Feargal Quinn put down a motion for debate on the issue of the American Express Holiday Cost of Living Index which revealed that Ireland now ranks second only to Norway as the most expensive holiday destination in Europe. I seconded the motion and what follows are some excerpts from my speech:
This is an important issue to debate. I wish to concentrate on the positive aspects. For the past two years, the Irish rate of inflation has been in the lower end of the European scale. There has been a very marginal levelling off of 1% or 2% over the course of the past two years.
The two biggest cost factors highlighted by the survey are car rental and a restaurant meal for two. The cost of car rental is related to insurance and illustrates and reinforces the importance of getting insurance costs in line. The insurance cost for car rental in Ireland is the reason for the exorbitant price and this should be examined. I am vice-president of the Personal Injuries Assessment Board and am glad to see some improvement taking place in that area. I hope more will follow and the House will be discussing the subject next month but it will be a slow process.
The other issue is that of restaurant prices. We cannot quibble with the report because we all know that a dinner for two in Ireland is more expensive than anywhere else in Europe. We should examine the reasons for this. I will illustrate the requirements which must be fulfilled by Irish restaurateurs.
I was sitting in this seat in the House 15 years ago when the regulations for the establishment of restaurants were introduced. Senator Ross and I were on the point of being thrown out of the House because we objected to them. We regarded them as making it impossible to open a restaurant.
I ask the Minister of State to consider the regulations which must be complied with in order to set up a restaurant and which are all about cost. There must be a certain number of doors between the kitchen, toilet and dining areas. These regulations do not apply in most of Europe and this is an issue we should consider. We can do something about the cost of restaurant meals and car hire.
I raised an issue recently and received a lot of nasty mail as a result but I will raise it again. When I travel in Europe I always price the basic nine or ten-inch pizza margarita because it is a good indicator, like the hamburger index. I bought one in a beautiful, sit-down restaurant last week in Ireland. It was the cheapest pizza I had eaten since I was in Italy about two years ago. It cost €6.75 in a nice restaurant which was brand new, with good food and the proper ambience. This may be a sign things are changing.
People are beginning to question the prices. It is good to see people querying prices because in the past we were not used to asking about the price of goods. As we become better off as a nation, I think we are becoming more confident about questioning prices.
For the first time in 20 years, bed and breakfast houses are facing serious competition from hotels. The costs of hotel and bed and breakfast accommodation are being driven down.
I recently travelled by train from Bristol to Falmouth which is a three and a half hour trip, like the journey from Dublin to Cork, which cost over €80 return, £55 sterling one way and £56 return. The following week I took a return train journey from Rosslare to Dublin and it cost €24. Train travel is a lot cheaper in Ireland than in France or in the UK but it is cheaper in Spain and Italy than in Ireland.
I have been a little disjointed in my contribution but this has been deliberate. I want the House to take a close look, as Senator Quinn requested, at the issue. Even though our prices are high, they are not high in every area. We should consider what is low and what is high and take action on high prices inasmuch as we can. We should sell Ireland in terms of quality and level of service.
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Consumer Strategy Group
18/05/05 - I understand the Minister for Enterprise, Trade and Employment, Deputy Martin, will make a public statement today on the new consumer strategy group proposals. This will apparently lead to the establishment of a new super-agency for consumer strategy. We must remind ourselves that a significant part of the problem in this area is that resources have never been made available to the Office of the Director of Consumer Affairs to allow it to undertake its functions properly. The notion that some new all-encompassing body can now take over and perform more effectively will only prove true if the necessary resources are made available. The reality is those resources have never been provided before.
It [the Government] is focusing on the consumer strategy group to secure headlines for something which may well never get the resources to undertake its functions effectively and which, at any rate, cannot come into existence until after legislation is passed through the Houses, which could take four years.
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National Report on Obesity and the Role of Primary Schools
18/05/05 - I raised the national report on obesity and related matters yesterday in regard to primary school children. Employees in my office telephoned 20 random primary schools yesterday and could not find one with a vending machine. This raises questions as to where the report’s authors undertook their research. I pointed to the difficulties of many primary schools in terms of the provision of games and physical education and observed that many schools have no GP rooms and are forced to install prefabs in the school yard. In this context, I put forward the proposal that we should examine the possibility of appointing games co-ordinators and specialised PE teachers.
There was one issue I neglected to mention but which we should also consider. Cookery is a subject that is no longer allocated any time on the primary school curriculum. The availability of specialist cookery teachers would mean primary children could learn how to cook properly. The pressures teachers are under to implement the curriculum mean there is not time for such instruction. The issue of specialisation in the areas of physical education and cookery should be considered.
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National Report on Obesity and the Role of Primary Schools
17/05/05 - The national report on obesity and related matters has been much in the news over the last 24 hours. It would be helpful if the Leader were to ascertain from the authors of this report the country in which the review of primary schools was undertaken. In which schools can we find the vending machines which the report recommends should be banned? Did the authors notice that the vast majority of primary schools do not have GP rooms and that many of those that do are obliged to use those rooms as classrooms? Are they aware that in many areas, providing for physical education becomes impossible in any type of inclement weather and that there are significant difficulties of insurance, location and logistics in organising games, even large-scale games such as those organised by Dublin and Cork city councils? Whereas the ideas are good and would be supported by the education community, work is being done free gratis through voluntary contributions from teachers, parents, school management and, sometimes, the support of local clubs. A debate on this matter would be helpful in order to point out how proposals may be made to work. Physical education is possible in primary schools, as is an interest in games but we need to explore various aspects. Account must be taken of children who are not proficient at competitive games, do not like physical force games or have other interests. Various activities, from croquet to GAA, should be considered to give a child the outlet he or she requires. These actions call for political will but do not require significant sums of money. Teachers will be delighted to become involved.
Some years ago, I proposed in this House that a games co-ordinator for primary and post-primary schools should be employed in every area. It would be helpful if this was so in the context of the important issues which are now faced. I call for a debate on this aspect of the report.
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RTE in Northern Ireland
12/05/05 - I have been asked regularly over the past year by a number of my constituents in the North why RTE cannot be received throughout that jurisdiction. If there is to be an understanding between people North and South of the Border, the same television stations should be available in all parts of the island so there is communication and a cultural link between people. As a spin-off of the Good Friday Agreement and given the need to bring people closer together, it would be helpful if RTE were available in all parts of Northern Ireland. Will the Leader ask the Minister for Communications, Marine and Natural Resources to come to the House to discuss this issue?
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Safety, Health and Welfare at Work Bill
11/05/05 - While I have some reservations, I consider the Bill to be an impressive piece of legislation. There is nothing more important than for Irish workers to feel they are operating in a safe workplace and the Bill will achieve that.
From an early stage, reservations were expressed about aspects of the Bill, including the entitlement of employers to check that workers were not under the influence of any intoxicant. While there were some concerns that the provision might be abused, no one could object to an employer satisfying himself or herself that an employee was not under the influence of any intoxicant. That makes reasonable sense and as long as it can be implemented in a manner that is agreed and supported both by employers and employees, I do not see any difficulty with it.
The matching requirements of employers and employees are important. As a trade union official, I often had to discuss with union members the fact that everybody has a responsibility in this regard. If there is some problem it should be pointed out and if the case is a reasonable one it should be dealt with. All health and safety legislation must be infused with large doses of common sense and pragmatism. That is the only way it will ever work because one cannot foresee every possible minor event that might arise. In this respect, people must be properly trained.
Section 10 provides that the training of employees will encompass the issues of health and safety and risk assessment, which is very important. It is only reasonable that employees must also undergo health and safety training and assessment. The health and safety issue is everybody’s shared responsibility.
As a trade union official for many years, I criticised employers for not having made this a serious issue. We should make it clear that there is an equality of responsibility on people to ensure the workplace is safe. There is a requirement on employees to point out to employers what they think is dangerous. In addition, there is a responsibility on employers to act on such advice. The fact that people must prove that they have undergone health and safety training in certain areas is also important.
When the legislation was introduced, I understood there would be a requirement for an annual review of risk assessment, but it seems to have changed. Any audit should be required to deal with risk assessment. I hope that under the provisions of section 19, risk assessment will be reviewed by employers, at least annually. That would reflect the content of section 10(2), which should be formalised so that such an assessment would be made in the course of any year.
Regulation consultations are required between employers and employees because, while their responsibilities may not be equal, they are shared. If the Bill is going to work, there should be a requirement for consultation. In that way, an employee would be required to tell an employer about, for example, a risky fuse box or a potentially dangerous electric wire.
I am using those examples to illustrate a practical point, which is to ensure that, as section 10(2) provides, training “shall be adapted to take account of new or changed risks to safety...”. That should be done in a structured fashion comprising a regular consultation between employers and employees on safety and an annual review of any safety risks. The consultation and review could be undertaken together. I am not talking about a three-day meeting, but management and staff could deal with whatever health and safety issues need to be taken into account, whether they are doing things correctly, whether any dangerous matters are being overlooked and, if so, what needs to be done about them. I would like the Bill to provide for such a consultation and review.
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Pensions Provision
11/05/05 - I only have time to make three fundamental proposals. It might be worthwhile if the Minister’s public relations or media consultants telephoned RTE to ensure that the next time somebody in RTE discusses with pensioners how hard it is to live on a pension, he or she asks the pensioners if they made any arrangements for their retirement pension. The debate has gone too far to one side. I am one of those who will argue that the Minister should increase the old age pension. It should be larger and I will fight for and demand that. However, I also demand that people make provision as well. For that reason, I support the concept of compulsory pension arrangements. I have argued for it within the trade union movement for many years.
The establishment period before people get involved in such arrangements should be short but any period of employment longer than six months should have an equal and opposite level of pension contribution or pension arrangement. I will argue with anybody who takes a different view. How that is done, who should pay into it and what the responsibilities of the employers, workers and the State should be are matters for negotiation and argument. That is about implementation but the general principle must be accepted.
In my first couple of years as a Senator in the late 1980s, I took great satisfaction in negotiating the right of former Members to get their pensions back. Many Members who lost their seats cashed in their pensions. This is the quickest cheque people will get from the Department of Finance. If people seek to cash in their pension, the money will be sent almost by return post in case they change their mind. The Department wants to be rid of them. Now, anybody who is a Member of the House for more than a year must have preserved pension arrangements. It does not apply for lesser periods.
That is the compulsion issue. The second requirement is the introduction of significant flexibility in pension legislation. We need to examine the issue of “bridge” jobs. I could have predicted the response the Minister got last week because I have been there and dealt with it. The first response of people is: “I do not want to work until I am 70”. It is an instinctive response. However, one of the groups who demand pensions is teachers, the people I represent most of the time, and they will be the first to say that although they do not wish to work until they are 70, they do not want a situation where they work full time to a certain day and are retired the following day. We must introduce flexibility. This has been done in the United States, where the legislation has been changed.
There must be flexibility for both social and practical reasons. Take the example of people who work for the ESB and who reach retirement age. They have built up a huge store of experience and knowledge in that industry. They would like to contribute more but not on a full-time basis. As they are drawing their pensions, they can no longer work for the company because the legislation does not allow them to draw a pension and also be employed. They therefore go to work for Veridian or some other company. In other words, they can bring all their experience to the opposition because we do not provide the flexibility to allow them to work for half the year, day or week. People should be able to go on reduced pension. They could continue to draw that pension and a salary and have a proportion of the salary apportioned back into their pension to allow it to grow. In other words, people would slide out of work into retirement.
My final proposal is the introduction of inflation-linked Government bonds. The case for doing so is compelling. I am aware of the arguments for and against their introduction and I have studied the issue for some years. We must introduce them. It would reduce the cost of private sector pensions by at least 5%. The Minister need not waste his breath talking to the Department of Finance because it will only offer reasons for not doing it. There are solid arguments against it but the arguments in favour are overwhelming and compelling.
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PIAB Report
11/05/05 - The Personal Injuries Assessment Board… has just issued its first report. I would welcome a debate on the report. When the legislation went through the House, Members raised serious considerations about the board. If I may gently correct the Leader in a comment she made yesterday in describing the settlements as low. It gave a clear impression that the claimants received a lesser amount of money.
The overall costs are low because legal, administrative and all other costs are down. It is important to make clear that the amount of money which claimants receive is not reduced, as people with another agenda are implying that people should not go through the system because they will end up with less money. That is not the case.
I ask the Leader to organise a debate on the PIAB, not this month, but perhaps in the final week of the current session, when we will have greater experience of its dealings. Some 8,000 cases are currently being processed but only a few are being concluded. Another month will elapse before a clearer picture emerges. Details of the first 25 cases to be processed were announced yesterday and the results are very satisfactory, as no doubt further results will be. The legal profession is also learning to live with the situation. It is not a question of removing legal advisers from cases in which they need to be involved. That need will still exist.
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Garda Treatment
10/05/05 - Last weekend a garda in Carrickmacross went to investigate something suspicious on the bridge in the town. For doing his duty he found himself grappled with and thrown over the bridge. He is still in hospital with numerous fractures. The way things are in society, it is hardly worth more than half a paragraph in the newspapers. It is quite appalling that a public servant, a guardian of the peace, working on our behalf should be treated so badly.
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Litigious Ireland
10/05/05 - Last Friday in a little post office in Glasnevin which was being held up, an African man went to the aid of staff. At great personal risk, he threw himself at the man who was holding up the post office, grappled with him and they both went through the window. He held the man down until gardaí arrived. The first thing the gardaí heard was the man on the ground who had been attempting to rob the post office say: “I want this man sued.” That is the point we have reached in society. Litigious Ireland has gone beyond all control. We must have some indication from the Minister on how we can change attitudes in this area so we can stand together.
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Marino College
10/05/05 - Last week I raised the Marino college case. I put on record my thanks to the Leader of the House for raising it with the Minister for Education and Science. I welcome the fact that the Minister has now put in train an investigation into one aspect of the issue. I appreciate that and thank the Leader.
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Marino College - Request to Move Adjournment of Seanad under Standing Order 29
05/05/05 - I raised the issue of the Marino Institute of Education on yesterday’s Order of Business and was pleased it was taken up by many others over the course of the day. It has now come to light that the college cannot finalise its teacher education budget for next year because it does not yet know the cost caused by the legal action fiasco. The college was advised not to take legal action but responded in a macho fashion by allowing the principal take a case for constructive dismissal. Its attitude was, to coin a term, “Bring it on”. I will not try the Cathaoirleach’s patience, but have written to him this morning seeking the urgent adjournment of the House to deal with the issue.
In the past 24 hours I have been provided with information that has led me to request a motion for the adjournment of the House on a specific and important matter, namely, the crisis in Marino Institute of Education. It appears that the operation of the board and the conduct of its members has resulted in a legal fiasco. I wish the House to examine to role of the Svengali-like figures on the legal committee of the board who pushed the institute into taking a disastrous legal action that has cost so much money that the normal work of the institute cannot continue. The role of the person who said that the institute was sitting on 38 acres of prime land in north Dublin, it should get back to work and then set up a meeting of the board in an office of Treasury Holdings must be analysed. I feel these matters need to be discussed. This man is a former chairman of one of the docks operations.
I want to make two points to help the Cathaoirleach make up his mind. I came across an e-mail to members of the board that included the words “slowly, slowly, catchy monkey”. ..... there was a planned campaign of harassment, bullying and intimidation to force the resignation of a fantastic educator and leader. This attitude of getting rid of people who are in the way is not acceptable.
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Registration of Deeds and Title Bill 2004
05/05/05 - I also welcome this important Bill. I wish to raise the question of the level of involvement of lawyers in the process. I have examined the positions which have evolved in other European countries. Under the French system, the registration or transfer or conveyancing is performed by one particular solicitor. The notaire is usually appointed by the State and is required to ensure that the vendor is the owner of the property, that the property is compliant with the appropriate planning legislation and that there are no encumbrances or title demands on it by virtue of previous relationships such as marriage, divorce or children. The notaire establishes these facts as far as the vendor is concerned. The notaire also establishes that the person buying the property, who is to become the new registered owner, is in a position to do so. If a mortgage is involved, the notaire establishes whether the person has received a mortgage or has the wherewithal to buy it. After assessing all these questions, the notaire then brings notice of the intending sale, transfer or conveyancing to the attention of the appropriate local authority. One solicitor effectively acts as an honest broker and represents the state in the sense of ensuring that the transaction is carried out appropriately; that in all situations the people involved in the transaction are the ones who are entitled to be involved in it and that the transaction complies in every way with planning laws and any other legislation. The notaire is also responsible for bringing the fact that the transaction has taken place to the attention of the appropriate taxation and other state authorities.
The French system is a very appropriate way of dealing with property transactions. It does not prevent either party to the transaction from also engaging his or her own solicitor but the notaire system means that he or she is not required to engage a solicitor and the state has oversight over the transaction and ensures that it happens correctly. Introducing the same system in Ireland would dramatically reduce the inconveniences of transactions.
Under the French system there are also time limits on all these matters. For example, before registration, a pre-agreement and an agreement must be reached and there is a cooling off period after the initial agreement to engage in the transaction, which I think must be confirmed 11 or 15 days later and cannot be agreed before this period. The legalities of the conveyancing must be concluded within nine weeks of the second date. That introduces an element of certainty into the process. People always worry about such matters as whether the conveyancing has taken place or whether the deeds are lying around in the solicitor’s office.
I do not know if it is appropriate to mention this matter with regard to this debate but some European countries have a maximum amount as regards the cost of a sale. The total cost of State tax, land tax or stamp duty plus the cost of agents and legal fees cannot exceed a certain percentage of the price. In some countries, the figure is approximately 9%. Again, this provision brings an element of certainty and security to those involved in the transaction and is a welcome element. These issues should be taken on board and perhaps spelled out in more detail.
The Taoiseach made a comment in the Dáil approximately 18 months ago when the cost of houses, land and development land and the difficulty of getting access to development were being discussed. He stated that he believed that the vast bulk of potential development land around Dublin was owned by a small number of people; I think he mentioned a figure of eight or nine. I was stunned by his statement and it confirmed what many people had been saying. I met him privately later on and asked him how he came by that figure. He said that the information he had led him to that conclusion.
The problem to which the Taoiseach referred is one encountered by many of us when we try to address this issue. It also emerged during the various tribunals. Whereas land registration must take place legally, the question of options over the purchase of land is not recorded or registered anywhere. I have only skimmed through the Bill but I do not think this aspect is covered. The sale of options on the purchase of land should be recorded. The lack of data on the sale of options over the purchase of land is the reason why a number of shady developers have purchased options on the purchase of land in many parts of the country. I know of people who have sold options over the purchase of their land, yet there is no record of it.
Similarly, people sign legal agreements to transfer, sell or change the ownership of property registered under one person’s name while that person simultaneously signs another document agreeing to transfer that land at a future time to another named person whose name does not appear on any titles anywhere. This is why tracing ownership became so difficult in some of the tribunals. The question of options and agreement on land sale should be recorded, perhaps through a solicitor or agency. We need to address this issue some time in the future.
Apart from that, I welcome the Bill, which considerably loosens up things and should be welcomed by people on all sides. I ask the Minister to consider some of the points I have raised.
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Maritime Safety Bill 2004
04/05/05 - Upon examining section 16 concerning authorised officers, it occurred to me that there is specific reference in all other legislation to the role of the harbour master. As both the Minister of State and I know, the harbour master is crucial to the general operation of harbours in ensuring the implementation of Acts.
I have received representations about a difficulty arising from this Bill because harbour masters are not specifically mentioned. I ask the Minister of State to examine this matter with a view to determining whether further work is needed before it is introduced in the Dáil. A risk concerning certain ambiguities surrounding the role of the harbour master or the dilution of this role by the Bill exists, in particular where the harbour master is appointed by some form of harbour authority and must have his or her position sanctioned by the Garda or the Minister. There are problems of transition that may just be housekeeping, which can be dealt with quickly.
Our harbour masters are referred to in all relevant legislation, from primary legislation to by-laws. I fear that a smart Alec will challenge the harbour master’s role and find we have left a gap in the Bill. This is my residual worry. The harbour master is recognised internationally as the appropriate person for the role. If one arrives in a port in the Mediterranean, the south of England or the west of Ireland, the person in charge is the harbour master. A harbour master is appointed by local authorities to manage harbours under their jurisdictions and by-laws. Rosslare, where the local authority appoints the harbour master, is another example of what I am talking about.
The Minister of State and I have trust and confidence in the fantastic work harbour masters have done around the country. Is it not important to underline and reinforce their authority and our trust and confidence in them by having them mentioned in the Bill? This significant legislation will be welcome.
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Marino College
04/05/05 - The Leader of the House should facilitate the making of statements in the House concerning the situation in Marino College of Education. To the best of my knowledge, the board of governors should resign from office or even be dismissed. It is a worrying “States of Fear” situation with intimidation, abuse and questionable financial transactions taking place. I want to have this situation examined from an educational point of view and because the Minister of Education and Science would have a view on why these matters have developed.
The college president and three other people have challenged the authorities at various stages. One found himself sent to darkest Africa, as might occur in feudal times. The college president and another individual were requested and required to submit themselves for psychological and psychiatric examination. Another individual was told to reconsider his position and the last was told he could look forward to no further promotion.
…questions were raised about why a surplus of State funds found itself in the same account from which were bought at least four apartments owned by the college. I want to know why State money should be in such a situation.
….there were financial implications attached to a situation where the college president questioned why the list of employed staff differed from the list of actual staff. This led to questions which in turn led to total intimidation, abuse and bullying which has ultimately led to a star of the Irish primary education system feeling the need to resign her position as college president. Much needs to be discussed here and I want the opportunity to do so. The events that are taking place are outrageous and the Department of Education and Science cannot wash its hands of it. It is more than it can tolerate.
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Immigrant Workers
04/05/05 - I thank the Minister for passing the information concerning Gama Construction to the authorities that can take action because that is crucial. The Minister was overly coy in his speech in saying legislation will address ownership of the permit. What will this legislation state? Who will hold the permit? The permit application should be initiated by the employer and, if granted, should be granted to the employee. The employee should be able to get the permit renewed or changed at the Department of Enterprise, Trade and Employment. I have been very impressed by officials at the Department in their commitment to labour and equality legislation. The problem is not within the Department. The problem lies in the staff numbers in the inspectorate. We need an enlarged inspectorate.
I am frustrated that trade unions and Government are dealing with this issue. Where is the contribution from IBEC? For every unscrupulous employer there is another fair employer who is being undercut and is at a disadvantage.
This situation is not in our interest. IBEC should be asked to speak up on this issue. We need to increase the inspectorate size and we need to ensure the work permit becomes the property of the employee. Any outstanding EU procurement directives should be put in place.
A culture of impunity appears to be developing among some employers. I am uncomfortable with all employers being tarred with the same brush as Gama Construction Ireland Limited. That is grossly unfair. Those who are acting unscrupulously and exploitatively are doing so with some impunity. The legislation should be framed in such a way that a company is required to prove compliance if challenged. The Minister’s work would be easier and the number of inspectors could be reduced if agreement were reached with employers that registered and accredited trade union representatives could see the facts for themselves. This would save calling in the Department’s inspectors and would prevent exploitation. Companies seeking permits should be required to prove to the Department that they are fair employers. According to the information on the Department’s website this point needs to be proved. There should be a requirement to issue payslips and any company that does not issue payslips should be in trouble.
When companies compete for public contracts the Department should be reassured the employers are compliant. In recent years the Minister has said the work permit system has readily facilitated the change of employment of the migrant worker. I do not agree with that. I agree with the Minister’s point that registering every employer ensures traceability. I would like this to be done for employers overseas and it should happen immediately. Once the employer initiates the permit it should be the property of the worker and the worker should be able to renew it in accordance with the existing procedure. The Minister should be satisfied the company is compliant with labour and equality legislation. Not only should migrant workers be paid a reasonable amount, they should be paid the same as their Irish colleagues.
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