Joe O'Toole - Independent NUI Senator since 1987


You are here : Home > Speech archives > February 2005

SPEECH ARCHIVES FEBRUARY 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.


Employment Policy:Motion (23/02/05)

Nursing Home Charges (23/02/05)

Current Problems with Peace Process after Garda Money-Laundering Raids (22/02/05)

School Building Project- Ballina, Co. Mayo (22/02/05)

Supreme Court Ruling:Illegal Taking of Pensions from Nursing Home Patients (17/02/05)

Civil Partnership Bill 2004 (16/02/05)

Development of BMW Region (16/02/05)

BMW Region Transport (16/02/05)

Regional Transport (10/02/05)


East-West Programme (09/02/05)

Parental Leave (Amendment) Bill 2004 Committee Stage (09/02/05)

Kevin Myers - Single Mothers (08/02/05)

Northern Ireland Issues (03/02/05)

Motion on Northern Ireland Issues (02/02/05)

Parental Leave (Amendment) Bill 2004 Second Stage (02/02/05)



Employment Policy:Motion
23/02/05 - ..in recent times our investment in research and development [in third-level education] is still way behind the European average. Two thirds of investment in research and development in third-level institutions comes from foreign-owned companies. That is a major problem. The Minister said our future is in added intellectual value, and I agree with him completely. The OECD report showed that Ireland has the lowest level of doctoral students in the EU, which is a matter of concern. It is also a major indictment of the Government that there is no university in the State north of a line between Dublin and Galway. I spoke in the House yesterday about the lack of vision in the OECD report. One of my concerns related to the complete lack of any discussion on e-learning and e-universities. The Minister agreed with me.

I agree with the point in the motion on indigenous industry, raised by Senator John Phelan in particular, regarding the low level of growth in indigenous companies. I was interested in the Minister’s final comment on that issue. He stated that a large number of foreign companies are now investing here. That is hugely important. There is a lack of doctoral level study and a lack of investment by indigenous companies in research and development at third level.

I look forward to the employment permits Bill to which the Minister referred. It is crucial. We need to be firm on that. We should not be driven by any side of the argument except the need for skills in our economy. Whether we need forklift drivers, plumbers or university professors, they are all units of employment. We must look at what we need and bring in people to do it. There should be flexibility. We do not want to be embarrassed any further by the likes of today’s newspaper headlines about the exploitation of Polish workers in the port tunnel. We saw enough of that happen to our own people in the past 100 years. We should not be involved in that kind of behaviour; neither should we allow any unscrupulous employers to take advantage of decent employers by allowing them to undercut through not paying their workers. Everybody loses in that scenario. Unscrupulous scoundrels should not be allowed to get away with wrongdoing. We need a controlled but flexible permits structure that will help us along the way.

I would have liked to see reference in the motion to the question of infrastructure, which is quite appalling. I take issue with the Government about the slow roll out of broadband. I do not care how many speeches the Minister makes. I live 17 miles away from here and I make the journey into the city several times every week so I can stand up here and have a go at someone when the opportunity arises, as it now does. I cannot get broadband 17 miles from here. What chance would I have in Achill or Belmullet? I might have a better chance in some cases. The reality is that there is no roll out of broadband and we are losing out to a significant degree. Areas which have broadband are in a position to develop. We must look at this issue as a matter of urgency.

This is not about manufacturing industry; it is about intellectual added value. We need to think cleverly. We need to be able to operate companies from Ireland which might be manufacturing in Asia. We need management supervision from here. We need intellectual added value from here. That is how we will win. We should remember that we got ahead of the rest of Europe, not by accident but by a series of factors, one of which was our educational levels. We are being caught out in that now. Yesterday’s figures and those to which I just referred about the need to have people at doctoral level are important, not because we need doctors but because we need people at that level to be the anchors for design, research and development. That is the reality. It is not a made up thing because we want to keep people in college for longer; it is a requirement. If we do not address the issue now we will start paying the price.

In the same way as manufacturing industry, particularly the heavy manufacturing industry, is moving from this part of the world to the less developed part of the world, similarly, within a short period of time the top jobs that are currently here will also migrate to another part of the world.

Back to top of the page



Nursing Home Charges
23/02/05 - This is an error which we must address now. I said from the start that there would not be a problem with retrospection. All parties in the House have, at some time, introduced retrospective legislation. The Constitution does not allow us to make criminality retrospective but it does allow us to bring retrospection to bear on many other matters.

What we must now deal with is how to repay the money. I agree with Senator Glynn that some of the people who will queue to claim this money showed little regard for the people for whom they are claiming. We must accept that this will happen. People’s level of responsibility for their elderly parents and relatives is not something which should be disregarded. It is a responsibility which we all must accept in some way, even if not necessarily financially. Many things can be done in this regard. Senator Browne made an important point when he suggested that we clearly outline the entitlements of people who reach the age of 65 or 70 years. To what are they entitled in this and other areas?

We must increase the number of nursing home places, both public and private. Tax breaks for people providing such places is important. It has made inroads into the problem and has helped the private sector. However, in all fairness, as I suggested with regard to child care yesterday, people who are paying to support elderly family members in nursing homes should benefit from a tax credit. That would remove some of the pressure. It is a simple and appropriate way to deal with it.

I also believe we should promote the existing system of home care and home help for elderly people who are somewhat, but not fully, independent. At a professional level, we require a more peripatetic health service. It already exists but we must build on it. Many elderly people are happy to stay in their homes. They might be able to do 80% of what they need to do themselves and support from family and the State will remove further pressure. The four suggestions I have made should be done. There must be more nursing home places, tax credits for certain payments, promotion of home care support and promotion of a peripatetic service from professionals who help the elderly.

What we were doing was wrong because there was no discipline, control or regulation of it. We were simply taking everything. If we had passed a legal measure, as we now intend to do, whereby there would be a legal basis for doing it, there would have been no difficulty.

We need to move on repayment and to do it efficiently. We put a great deal of pressure on the banks to repay their customers when they overcharged them. Pressure was put on the banks to take the initiative to find out who was overcharged, where those people lived now and to pay them back. It is crucial in this situation that the Department goes to the trouble of finding out who was overcharged or incorrectly charged and repays them or their estate. Although Senator Glynn will probably be correct about many cases, that money is already lost. Let us repay this money and move on.

This will cost a great deal of money. The Tánaiste said in another venue that this money will not be taken from the health budget. She told us today that the Supreme Court concluded that €0.5 billion was not a hugely significant amount in the context of the €11 billion spent annually on health. She accepted that point. Either the Tánaiste or the Minister for Finance, Deputy Cowen, said recently that this €500 million will be supplied from a source other than the health budget. Perhaps the Tánaiste will confirm that point.


Back to top of the page




Current Problems with Peace Process after Garda Money-Laundering Raids
22/02/05 - We had a debate on Northern Ireland a couple of weeks ago. One of the issues that arose then was the shape of political reality for the future. The only difference of opinion that emerged was whether it would be a year, two years or more than four years before any political progress was made. The events that have occurred in the meantime have clearly set back the likelihood of political progress. I would like another debate immediately on the Northern Ireland situation, but it should not be about Sinn Féin or the IRA, or even the rights or wrongs of democracy. It is clear we are all in agreement on these matters. The Government has acted well and correctly in this regard.

I would like to hear proposals from Members of the House as regards how the peace process can be moved on to the next stage. I do not believe that to bring back the forum, which I support, will create the required political initiative. As I have said previously, the only way to create the political initiative is to deepen community involvement, north-south and east-west. New issues must be examined that politicians can become involved with, such as economic, social and professional issues as well as issues of disadvantage, so we can find out how processes and approaches on both islands may be merged and maintained. This is the way forward.

More than anything else I want a debate on these issues where Members are confined in their speeches to proposals and no one repeats what he or she previously said. The newspapers have been tedious over the past few days. It is the same story over and over. It is important that these matters are reported, but I want to hear what proposals Members have. We are elected public representatives and everybody should have some idea on how to move matters forward. Senator Brian Hayes has suggested we begin by bringing back the Forum for Peace and Reconciliation. That is a positive suggestion, but we have to look way beyond that move. No progress will be made if it is kept only at the level of elected politicians. Elected representatives have to do the talking, create a direction and make it happen.


Back to top of the page



School Building Project - Ballina, Co. Mayo
22/02/05 - The issue I raise concerns two special schools in Ballina, County Mayo. This is an ongoing issue which I have been slow enough to raise, but there has been no progress on it over the past few years.

There are two special schools involved, and because of time constraints I will outline some of the difficulties in just one of them. The matter has been before the Department of Education and Science for some time. Meetings began in 1998, so that the issue is as old as the Good Friday Agreement, with even less progress. It is quite unacceptable that the matter is being kicked back down the line.

These schools have been left behind because they have not got political clout or as much ability to apply pressure as other places might have.

I am talking of two special schools and I will outline the situation in one, St. Nicholas’s school. The school has 17 pupils ranging in age from four to 17, with all sorts of difficulties including the autism spectrum and various other multiple difficulties which the Minister of State would well understand.

The school in question is a two-storey, semi-detached house. Only six of the 17 pupils are physically capable of climbing the stairs so the majority are taught downstairs. This is a quite impossible situation for parents, pupils, teachers or the school board. It is grossly unfair and there is a lack of equity about it.

Back to top of the page


Supreme Court Ruling:Illegal Taking of Pensions from Nursing Home Patients
17/02/05 - This issue is currently occupying all our minds… Mistakes were made and I would like to know where they were made.

I admire the Tánaiste for coming out and saying that she made a statement to the Dáil last month over which she will not now stand because it was incorrect. She said she discovered that health boards, officials in her Department, sections of her Department and management of particular hospitals made decisions to carry on regardless despite their knowledge of the fact that what they are doing was legally questionable. Many of them knew it was illegal. That is the reality of the matter.

We should not have another three-week spat about what happened over the past three months on something that has gone on for the past 17 years.I do not blame any Minister over the past 17 years for not having dealt with this issue. Mistakes were made last month in the way the legislation was brought through. It is not enough to blame the current Minister for something in which every party was involved. We should be honest about this. We should ask how and why this happened and whether it can happen again. What remediation can we put in place arising from the series of issues Senator Finucane put on the record? He is correct in the sequence of events he outlined.

We will not do ourselves any favour by focusing in on a row over this issue. It is the business of the Opposition to oppose and I respect that, but in terms of taking an objective view on this issue, such an approach will not get us anywhere. I want to know what we will do about the fact that there will be a hole in the health budget to the tune of €500 million or, as Senator Finucane said, perhaps much more. I would welcome the Tánaiste coming to this House, and she also might welcome it, to outline the position, to give us the facts, take them or leave them, and then make a judgment on this issue. Every Member who contributes could make a proposal as to what we should do next.

One of the problems with politics in Ireland at present is that everybody is ready to have a go at everybody and nobody is ready to put forward a proposal. We should seek to make a proposal in this regard. We should consider how we will deal with a payment of €500 million in this respect. There are two ways of doing that; either the Government makes a decision that the payment of this money will be a priority in terms of every shilling of extra revenue that might be collected this year or, in the event of no extra revenue accruing from taxation this year, that it will have to make a tax adjustment to ensure that the Health Service Executive is not deprived of €500 million to do what we want it to do because of this decision. I want to hear from where this €500 million will come. What will we do next to deal with this issue? Those are the real issues. I would like us to have a discussion with the Tánaiste on those issues.


Back to top of the page



Civil Partnership Bill 2004
16/02/05 - This Bill does not constitute gay marriage or any innovative or new kind of marriage. This Bill is what it claims to be and we get what it says on the tin, namely, civil registration. It represents a necessary response to the extraordinarily varied relationships which exist and develop in modern society. It is a reflection and recognition of what is. It is an acknowledgement of a need that society at all levels has recognised. This matter has been mentioned by the Judiciary and the churches, and has obviously been discussed by politicians in various democracies around the world. It is a reality which needs to be addressed. Tonight we are taking a first important step in this regard.

As well as being a response to the varied relationships that exist and develop in modern Irish society, its need has been created by an increasingly litigious and greedy society. While in previous generations people recognised, perhaps in a non-vocal way, the importance of relationships and of people living in a house in which they had spent 30, 40 or 50 years, we now find that survivors tend to grab what is left and break it up with no recognition of the importance of a surviving partner of a relationship other than a “normal marriage”.

The issues that need to be addressed are wide and varied. Many of us in the trade union movement have looked at the difficulties created by an inability to deal with pension rights in simple cases. If one partner from a married couple, which broke up after a certain number of years, got involved in another relationship and died after, let us say, 30 years, the surviving person in that subsequent relationship has no access to the pension to which he or she should have access in any normal or fair circumstances. What we are doing here is a reflection of the need for equity and fair play. We are trying to ensure that the public can enjoy fair access to property, pensions and adoption and that the laws in such areas are just. We should not bring to this discussion the emotive baggage that has destroyed the debate on gay marriage in the United States. While I should state that I support gay marriage, I stress that it is not under discussion this evening. It is easy for those who have worries in that regard to accept this Bill.

Senator Norris has done democracy and the Seanad a favour by proposing this Bill. This House was among the first fora to discuss AIDS, for example. Senator Norris has brought us a step forward by initiating this debate. I ask the House to recognise the importance of this debate and to pursue the matter in a consensual way, if possible.

Back to top of the page


Development of the BMW Region
16/02/05 - The issues in the BMW region relate to the people, the environment and the infrastructure. The infrastructure allows people to engage with the environment. There are significant problems in terms of lack of investment in that area. In welcoming the Minister of State, Deputy Batt O’Keeffe, to the House, I would ask him to consider this aspect.

Senator Feeney gave a good example of the difficulty for her children travelling from Sligo to college in Galway. I have heard that example given on several occasions. All the infrastructure in the BMW region is heading eastwards, not north-south, which is a fundamental issue in terms of infrastructure.

If we start at the Atlantic, how many significant fishing ports are on the west coast? If one travels from Castletownbere to Dingle, the next port is Killybegs. There is nothing of significance in Mayo or Sligo. It is an indication that the whole tourism aspect of angling has not been developed along that coast.

In terms of access, there is now a programme to invest in a number of marinas in that area, and not before time. Some committees have been asking whether they are good value for money. They are absolutely essential to opening up that whole area. There is also a proposal to build something similar [to a marina] in the Belmullet area, Sligo and north Donegal. This is what needs to be happening.

What is being done about our rail infrastructure? There should be a train every hour from Dublin to Sligo, Dublin to Ballina, Dublin to Westport, Dublin to Galway, Dublin to Ennis and Dublin to Limerick. That is the only way we will open up our rail infrastructure. In terms of the north-south area, that rail link must be established, and not just from the western rail corridor. There is not just a problem with the western rail corridor, there should be a rail link from Sligo to Limerick Junction or wherever and across to Rosslare on the existing line. This should be a viable upgraded line. This would open up a whole area of the country which has been ignored by the tourism industry. This cannot be opposed.

It all boils down to the quality of the water in our rivers, lakes, water supply and sewerage system. I agree with Senator Mansergh that sewerage systems are now developing right along the Shannon. There has been a significant improvement in all the towns in the west because of the establishment of water treatment and sewerage plants of various descriptions. A query was raised here recently as to where the plan is and how far it will go. There should be a national development plan after 2006, which should be directed at areas of the country that need a leg-up, so to speak. According to the latest reports from the NRA, the infrastructural plans in terms of roads should be up and running by 2010.

……there are great difficulties with planning in the whole BMW region. If we take all the opposing or conflicting arguments, what is happening at the moment is not acceptable. Objections to granting planning permission every time someone wants to build a house in the area where they were born and reared must be considered in a measured, informed and focused way. I am opposed to people being allowed to build in an area just because they live there. However, I am equally opposed to the blanket opposition to building that takes place time and time again. An Taisce has been responsible for much of this over a long time. Hamlet development should be encouraged, particularly where there are existing houses. Someone who lives and works in an area should be given more consideration than someone who is building a holiday home.

While I agree that tax breaks should be examined, I would be opposed to the elimination of all of them. However, they should be examined because it was never intended that the super rich should pay no tax.

The Senator referred to Sligo and Leitrim. However, what is being done to Leitrim village is not acceptable. A village that had 30 houses some years ago will now have 400 houses, with no appropriate infrastructure. Many of these will be ghost houses which are not lived in. We need to draw a distinction when planning permission is being granted in these areas so they are not overrun.

To return to the commuter issue, we must examine how we can serve Limerick and Galway. We hear every morning on the radio that the Oranmore roundabout and the Tuam Road are completely blocked. Senator Kitt said in this House some months ago that a commuter service from Tuam to Galway could be up and running in six months, whereas to build a road would take six years. In terms of infrastructural gain, this is what we should be considering.

The week before Christmas 2003, a commuter service was opened between Ennis and Limerick. Its use has now quadrupled, even without building all the intervening stations such as Bunratty, Sixmilebridge and so on, which must also be considered. It indicates that there is a demand for this service, and there would also be a demand in the other direction. If Ennis-Limerick is viable, there is no reason Ennis-Galway would not be viable. If Ennis-Galway is viable, why is Galway-Limerick not viable? There is no doubt that a rail service into Galway would be a winner. Last month Iarnród Éireann began a new morning commuter service from Athlone to Galway. I have not examined the figures, but I intend doing so in the next week or so. I have no doubt that the train will be filled and used frequently. We cannot allow a situation to continue whereby the last train out of places like Sligo, Ballina and Castlebar, and back to Galway, is at 6 p.m. Even from Cork, the last train leaves at approximately 6.30 p.m. or 7 p.m. That is disgraceful. It is a waste of a resource for trains to be parked in stations overnight and not to be used. We should invest in our rail network.

……When building every new road why can space not be provided for a railway to run alongside, as is provided in half of the world? That is the type of development we need here. Given the cost of parking, motorists realise it is not worth the effort to drive into Dublin. These are issues that need to be examined.

In terms of support for investment in infrastructure — I acknowledge I did not deal with the road network — we should recognise all the smart advice from people on the east coast in regard to airports in the west, particularly in Galway and Knock, was that neither of them was viable. There was opposition to the provision of an airport at Knock from the two main political parties……

I used that example not to make a party political point but to make a different point. Every time I discuss infrastructure in the west with the experts, they tend to be based in Dublin and to come to a longitudinal conclusion on the matter. They point out the number of people who use the railways and say that if we were to invest many millions of euro in them and divide that amount by the number of people who use them, the investment would not be viable. They never talk in terms of the demand for the service. I am aware that Senator Mansergh shares many of my views on this. We must create demand for the service. Such development of the rail service would work and we need to move forward on that.

I have spoken on a number of occasions about the negative consequences of selling Eircom. It is not so much that many subscribers lost money on their investment in shares as the opportunity lost to extend the rollout of broadband to every corner of the country. That needs to be done and the necessary resources must be invested.

I was in the Galway Gaeltacht recently and noted that three companies were engaged in interpreting the written word, the spoken word and video work. They were able to do their business from the Lár-Ghaeltacht in Connemara because they had a broadband facility to transmit information down the line. They did not need to be based in a city. Ten years ago that type of industry would have had to be based in the centre of Dublin as that would have been the only place such companies would have had the necessary back-up. Those companies are a classic example of how broadband can open up the west and the extension of such facilities is crucial to achieving that objective.

Every time the issue of the west is raised, people take a broad view but unfortunately debate usually centres on constituency matters. The west needs to be considered by people who think beyond the basis of their constituencies and who will envisage a plan for its development. We have people who are open to change and are adventurous, entrepreneurial and considerate. They can ensure the growth of the economy of the west, not merely a continuity of its protection, that will match that of any in the rest of Ireland.


Back to top of the page



BMW Region Transport
16/02/05 - Senator Feeney gave a good example of the difficulty for her children travelling from Sligo to college in Galway. I have heard that example given on several occasions. All the infrastructure in the BMW region is heading eastwards, not north-south, which is a fundamental issue in terms of infrastructure.

What is being done about our rail infrastructure? There should be a train every hour from Dublin to Sligo, Dublin to Ballina, Dublin to Westport, Dublin to Galway, Dublin to Ennis and Dublin to Limerick. That is the only way we will open up our rail infrastructure. In terms of the north-south area, that rail link must be established, and not just from the western rail corridor. There is not just a problem with the western rail corridor, there should be a rail link from Sligo to Limerick Junction or wherever and across to Rosslare on the existing line. This should be a viable upgraded line. This would open up a whole area of the country which has been ignored by the tourism industry. This cannot be opposed.

To return to the commuter issue, we must examine how we can serve Limerick and Galway. We hear every morning on the radio that the Oranmore roundabout and the Tuam Road are completely blocked. Senator Kitt said in this House some months ago that a commuter service from Tuam to Galway could be up and running in six months, whereas to build a road would take six years. In terms of infrastructural gain, this is what we should be considering.

The week before Christmas 2003, a commuter service was opened between Ennis and Limerick. Its use has now quadrupled, even without building all the intervening stations such as Bunratty, Sixmilebridge and so on, which must also be considered. It indicates that there is a demand for this service, and there would also be a demand in the other direction. If Ennis-Limerick is viable, there is no reason Ennis-Galway would not be viable. If Ennis-Galway is viable, why is Galway-Limerick not viable? There is no doubt that a rail service into Galway would be a winner. Last month Iarnród Éireann began a new morning commuter service from Athlone to Galway. I have not examined the figures, but I intend doing so in the next week or so. I have no doubt that the train will be filled and used frequently. We cannot allow a situation to continue whereby the last train out of places like Sligo, Ballina and Castlebar, and back to Galway, is at 6 p.m. Even from Cork, the last train leaves at approximately 6.30 p.m. or 7 p.m. That is disgraceful. It is a waste of a resource for trains to be parked in stations overnight and not to be used. We should invest in our rail network.

……When building every new road why can space not be provided for a railway to run alongside, as is provided in half of the world? That is the type of development we need here. Given the cost of parking, motorists realise it is not worth the effort to drive into Dublin. These are issues that need to be examined.

In terms of support for investment in infrastructure — I acknowledge I did not deal with the road network — we should recognise all the smart advice from people on the east coast in regard to airports in the west, particularly in Galway and Knock, was that neither of them was viable....Every time I discuss infrastructure in the west with the experts, they tend to be based in Dublin and to come to a longitudinal conclusion on the matter. They point out the number of people who use the railways and say that if we were to invest many millions of euro in them and divide that amount by the number of people who use them, the investment would not be viable. They never talk in terms of the demand for the service. I am aware that Senator Mansergh shares many of my views on this. We must create demand for the service. Such development of the rail service would work and we need to move forward on that.

Back to top of the page


Regional Transport
10/02/05 - The question was raised yesterday with the Leader about the importance of having another transport debate. I am sure she will confirm that prior to Christmas we decided to have two debates on transport; one on transport in the Dublin area, which we had and the other on transport issues elsewhere in the country. We should have that as soon as possible.

A report was carried out on the Dunboyne rail link, which most of us believe should be the Navan rail link. We should make clear our position on that issue. We also await a report on the western rail corridor. This ties in with the point made by Senator Burke on the BMW region. It is an important issue. The Shannon rail link also needs to be debated.

Senator Morrissey raised the important issue yesterday of an outer ring road for Dublin, following on from the Taoiseach’s reference to such a proposal. This would be of great importance for transport to and from the city and the matter should be discussed. We have a good opportunity to discuss these projects now before they move on and wrong decisions are taken, for example, on the western rail corridor, ending the train line at Dunboyne or in regard to an outer ring road around Dublin. These are crucial issues on which there is a significant degree of consensus on both sides of the House. I ask that we would deal with this promptly.

Back to top of the page



East-West Programme
(09/02/05) - On the Northern issue, in recent times I raised the importance of developing the east-west aspect of the Good Friday Agreement. I have said in a number of places on numerous occasions that I feel we can create progress and a new political impetus from community, professional and economic involvement across the two islands. I felt there was nothing happening in this regard. However, I stand corrected because I have received an extraordinarily interesting letter from Scoil Eoin, Kilbarrack, which explains that it and a number of schools on both islands are involved in a most positive, progressive and encouraging east-west programme through which people talk to each other, explain their communities to each other, meet each other, take joint action on all aspects of community affairs and are publishing a magazine and developing a website. This is the way forward. I spoke to the organising teacher, Mr. Patrick O’Donovan, and this project could grow into something big. We should take example from it and do the same at different levels.

I would welcome a discussion on the east-west aspect of the Good Friday Agreement. It is something I have asked for previously. I believe this initiative is something that could be built on. It is time to resuscitate groups like Anglo-Irish Encounter and, perhaps, to give a different role to the British-Irish Interparliamentary Body in order to make progress. We should involve groups in society in moving matters forward and from this perhaps grow a political impetus.

Back to top of the page



Parental Leave (Amendment) Bill 2004 Committee Stage
(09/02/05) On Paid Parental Leave
What is at issue here is a time during which parents must deal with particular costs and charges. These are the costs associated with maternity and the medicinal aspects. There are also costs in respect of the purchase of cots, prams and clothes and those which arise in respect of child minding. These are, therefore, extra demands placed on parents during the period with which the section deals. What do we do? We fine these people further by ensuring that they are not paid their salaries during the period. These people, therefore, are obliged to take a double hit.

The position in Ireland is fundamentally wrong. In addition, in terms of our pro-family and child-centred Constitution, it is unacceptable. If we could not afford to do what I am asking because of a lack of resources, that would be fine. However, that is no longer the position. Ireland has a stronger economy than any of the countries to which I refer and to the UK, which introduced paid paternity leave in recent times.

I cannot in all conscience accept that what is happening here is anything other than penny-pinching. There is no justification for not having some payment in respect of parental leave at present.

(09/02/05) On Flexibility
……a different arrangement could be found that would better suit. Instead of parents being obliged to take a set period of leave, perhaps it could be taken in stages over a longer period in smaller sections or in some other way that would suit. People are entitled to seek parental leave but at present it appears to be restricted and we cannot get any movement in terms of the way the Bill is drafted.

If a proposed term of leave should present a problem for an employer he or she could say that it would have a negative impact on his or her business which would be understandable. We are at pains to ensure there would not be any cost implications or negative impacts on business. However, people should at least be able to seek more flexible arrangements and this should form part of the Bill. If the Minister of State is not happy with my wording he can revisit the matter on Report Stage. This is a straightforward attempt to introduce some flexibility into the system.

To hark back to a point made by the Minister of State on the previous section, one of the great gains within the Irish working community has been the element of flexibility that has been introduced to it over the past 20 years and this is just more of the same. We are saying, “Let us do this where the employer and employee agree that it can be done and there is no cost involved.” We should take away the current restriction on this approach. I ask that the Minister of State would look favourably on this proposal.

I move amendment No. 11……………This amendment provides for a regular occurrence of when a parent is sent for when his or her child has an accident at school. It is an absolute case of where force majeure applies. Unfortunately, I have come across situations where no flexibility was shown and individuals lost pay. I admit it is not a common experience but this is not an anti-employer amendment. The majority of managers ensure that in the case of an accident involving an employee’s child at school, everything possible to be helpful and supportive is done

(09/02/05) On Same-sex Couples
I listened carefully to what the Minister of State said at the end of Second Stage of the Bill. He said: “There is no doubt that there is a discrepancy in that heterosexual couples can avail of force majeure leave to look after each other as well as parents, brothers and sisters for example while same sex couples cannot do so for each other.” The Minister of State went on to say that he would be recommending to his colleagues in Government a change in that area. He said a few other things but that is the gist of what he said on Second Stage.

As the Minister of State is well aware, the issue is not necessarily about sexual relationships but could relate to people who are simply in platonic relationships, for practical reasons, and all sorts of things arise out of this. I cannot imagine anyone being opposed to this measure.

It is a practical, pragmatic issue rather than a moral one, to allow people to live their lives in an orderly fashion without worry or fear, understanding that they will be treated as equally as possible. In the words of the Minister of State, a “discrepancy” exists, but it is more than that, being very close to discrimination. I could make a case that it is so if the people in question were not allowed to be covered by this legislation. I ask the Minister of State to accept the point and implement the agreement. That would be a significant move forward.

The type of situation that I envisaged in trying to have the Bill extended to cover same-sex relationships was where one partner becomes ill and there is no one else to look after him or her. The Minister has been very progressive and open on the issue today by saying that he will seek to have section 13(2)(f) of the principal Act brought into play to introduce a new category.

I believe that on the last occasion when I spoke on this matter, I asked for that, but we could not get matters moving at that stage. I recognise that the decision must be made by the Government, and I accept that. However, if the Minister says he will act and that, if his recommendation is accepted, force majeure will be available to those in same-sex relationships, that is a massive move forward and should be noted. It is an important statement regarding gay marriages, civil unions and their registration, and it can deal with many of the issues about which people trying to get cover were concerned.

Back to top of page


Kevin Myers - Single Mothers
08/02/05 - I do not take the views of Kevin Myers in The Irish Times to be important. However, many others do. His judgment has been flawed so many times that thinking people cannot take him seriously. Unfortunately, his views are communicated to a much wider group than those who would analyse them. His fascistic rantings in today’s column crossed over the line of incitement to hatred. He chose to have a go at and pointed out a vulnerable and dependent group in society.

While he is entitled to have a go at the group, he is also required to keep within the bounds of civilised discussion and the laws of the land. Does the Leader believe that Mr. Myers has crossed the line in an incitement to hatred and that it should be investigated?

This has happened in societies throughout the ages and what is of concern is that it can quickly grow legs. Using terms such as “bastards”, which have a proper dictionary definition and legal interpretation, is no excuse for the fact that it is offensive language in certain times and places. It is not acceptable. Considering his judgment in the past, I do not find the term hurtful or offensive. However, it exposed a harmless and dependent group in society to all sorts of mad people. Giving oxygen to fanatics who will take it as an opportunity to further victimise these people is utterly unacceptable.

I am sure the Leader agrees with some, if not all, of my views on this. I believe it should be reported and investigated. We do not need this in society. He is entitled to his views, he can vote, be elected and argue against the social welfare supports of various groups in society. He is entitled to do so, but that is about it. The House must give a view on this matter. This is not a liberal, sensitive or lefty issue. Members on all sides of the House will share my views on the unacceptability of the offensive ranting in today’s column in The Irish Times.

Back to top of the page



Northern Ireland Issues
03/02/05 - We should not over-react to yesterday’s statement. Sinn Féin has found itself in a cul-de-sac and like any cornered animal it is looking for a way out and trying to win back ground lost since the previous juncture. The decision to take an offer off the table is a perfectly predictable move to which there should not be an over-reaction. We should not respond by saying, “Woe is us”.

Far from the Taoiseach producing a definitive, irreversible, irrevocable statement, it is far better for him to say nothing at this point and work instead behind the scenes to determine how we can move the process forward. Last night I argued that the way to do this — I may be wrong — is to build at community level and in civic society to try to reconstruct political engagement over the next 18 to 25 months.

The necessary hard talking has taken place and the other side has given its reaction. That phase is over and everybody who speaks from this point onwards should have a proposal which will bring us closer to getting the peace process back on the rails.........It is time to draw breath and examine where we will go next.

Back to top of the page


Motion on Northern Ireland Issues
02/02/05 - I would like to make a balancing statement……….. I firmly and absolutely believe that the leadership of Sinn Féin is committed to the political process and to peace. I also believe the things which are said about the Sinn Féin leadership in the motion. There is a need for them to move on. Regarding the peace process, the lives which have been saved since the ceasefire are a tribute to the political courage of the leadership of Sinn Féin. I do not say that merely as a balancing statement. We have made great progress……..

I have waited all my life for something that happened in Irish politics last week. I stand to be corrected, but it was something that had never happened before. I think it reflects a maturity which is a consequence of the peace process. I refer to what happened after our President made an unfortunate mistake. Any right-thinking person could see that it was only a mistake. When the President issued a full and comprehensive apology - that in itself might not be entirely unusual - it was stunning and utterly unusual that it was completely and absolutely accepted by the other side.……… I had never seen it happen before.………………. It reflects a maturity that is important. I had never seen that in all my time in politics.

I would like to consider where we are going for the next couple of years. Most analysts believe that not much will happen politically in that time. We need to examine the vacuum that has developed and determine where points of commonality exist. Such points mainly relate to the Good Friday Agreement, etc. I would like to think that, over the next couple of years, we will invest the same effort, time, energy and financial commitment in community and economic issues which relate to the two islands. Such investment is necessary if we are to show another aspect of what we can do together.

I would like us to deepen community links at cross-Border level. We have tended to forget that the Good Friday Agreement envisaged that such links should be developed between east and west. I would like to examine the structures available to us to do that, such as the British-Irish Interparliamentary Body, which is anathema to one or two groups. It is only a talking shop, but talking shops are important. I would also like to look at other things - perhaps we should resurrect bodies like Anglo-Irish Encounter. A focussed solution should be put together so that we can see what we can base around this. I would like a centre to be established for the east-west aspect of this matter. It may be acceptable to all parties, North and South, if a body were based in Scotland along the lines of Anglo-Irish Encounter or the British-Irish Interparliamentary Body. The body should not only involve politicians in the centre, but should also involve community interests so that it can focus on specific economic, social and community issues. I refer to issues that mean something to the community, such as infrastructure and economic corridors, rather than issues which cause people to yawn. I could develop this idea at length. We need to examine what the two islands have in common. I refer to both parts of this island.

The economic corridor between both islands also comes to mind. Where should it be? We are saying it should be at Belfast, Dublin and the south-east of the island. There should be full and free access on both sides. How do we do that? If we put together a body like the British-Irish Interparliamentary Body or Anglo-Irish Encounter, we should ensure that there is a regulated and processed fringe around it, where people with expertise in the relevant areas can be of assistance. It would be useful for experts in the energy area, for example, to examine the energy needs of both islands and to put in place a system for selling, buying, swapping and working together. We need to talk to experts, business interests and trade union interests. We should not allow anybody to say what has been said previously. We can present people with a problem and ask them for a solution. If people cannot make a proposal, they can stay still. We need to examine what we can invest in this process, what can work and what governments will buy into. That is necessary in the interests of the community.

I am worried that the political vacuum will bring to a head the extraordinary growth in sectarianism on this island, which has concerned me in recent years. Until recently, the media seemed to think that the fact that there were no killings somehow meant that there was no sectarianism. In fact, sectarianism has blossomed in many communities. The criminality we have discussed in other contexts has been the fruit of all that. We need to find honest brokers who are accepted by communities on all sides to work at community level. We need to invest as much in peace as we have invested in the political process for peace. That is hard work - it will not attract headlights or headlines. We need to engage in such work to improve life on both islands. A great deal of expertise could be harnessed, focussed, developed and utilised to bring solutions to the common problems of both islands. That would involve working together in a co-operative way which would grow from the political process and create a new political process when elections on both islands are out of the way.

Back to top of the page


Parental Leave (Amendment) Bill 2004 Second Stage
02/02/05 - This Bill is important and I welcome the points the Minister of State made thereon..... However, it is with some disappointment that I make my contribution ....... I fully expected certain provisions on same-sex couples to be included in the Bill on the basis of agreements and commitments made. I would like to hear the Minister of State’s views on their absence.

On Paid Parental Leave
The main problem with the legislation is that the leave is not paid leave. When a parent or couple have just had or adopted a new child, they should be entitled to paid leave considering the associated expense and difficulties................We should recognise the expense involved in having a child and the forces of the establishment should ensure that we relieve the pain involved rather than add to it.

The introduction of parental leave in the first Bill, introduced some years ago, was very important. However, at that time it was argued that we could not really afford paid parental leave. We now have the fastest growing economy in Europe and of all the OECD countries and we have the spare shillings to provide paid parental leave. I do not seek too much and the Minister of State should take on board an amendment I intend to table to ensure we at least give consideration to and vote on the issue of paid parental leave..............

It is too much to ask people to take a complete drop in income when they have just become parents, taking on new responsibilities and facing all the associated costs. This is wrong and I ask the Minister of State to address it.

On Paternity Leave
The Minister of State should consider the question of paternity. Paternity leave is very much hit or miss in Ireland. It is widely available within the public service but limited in terms of the number of days for which it can be taken, usually three days. It is good that it exists but there should be paid paternity leave for all workers. Surely we can afford it and it would be in the spirit of our Constitution. The Minister of State should give to his officials the two articles of the Constitution on the family and ask them what they mean and whether they should be reflected in this legislation. I discussed this with the Minister of State years ago and know that he would be open to paid paternity leave if those who handled the purse strings were prepared to loosen them. I ask him once again to make the case for paid paternity leave on our behalf and on behalf of those who require it...............

We are seriously out of step with the rest of Europe on this issue and need to recognise the role played by fathers. A minimum of five days paid paternity leave is not too much to ask at a crucial time in a father’s life and it should be provided for. It would be welcomed by all political parties. I know IBEC would whinge a bit about it but we listen to it whinging regularly. Let it say what it must. It will agree with the proposal in time. No doubt at the next round of pay negotiations, it will find some reason to use paid paternity leave as an argument for not giving as significant a pay increase to workers as the workers feel entitled to. However, a balance would be achieved at some stage. Let us face up to the matter. The Minister should step up to the plate and implement my proposal.

On Same-sex Couples
I welcome the increased flexibility in the Bill. The issue that concerns me most is the absence of any reference to the need for force majeure leave to be available to same-sex couples. I do not know why it is not provided for. While the Bill was in its final stages of drafting, a major debate was taking place in Ireland and the United States, during its presidential election, on the question of gay marriage and related issues. People were outlining arguments for and against it. Clearly, the need for force majeure leave to be available to same-sex couples is an issue of justice. This is why we fall into the trap of putting ourselves behind the eight ball time and again. There is no just reason a same-sex couple, committed to each other in a clearly established long-term relationship, should not be able to avail of force majeure leave. It is fundamentally wrong that they cannot. I plead with the Minister of State to make progress in this area and to articulate and manifest the socialism of which the Taoiseach spoke. No reasonable person on this island would object to the fact of two people living together, supporting each other, working for each other, and will not oppose a situation where such people are helped in their relationship. It is good for society and reflects well on us. It is needed and should be made available.

There are instances that should be considered in allowing people qualify for force majeure leave. One given was an emergency in school, such as a child having an accident, when a parent must take time off to rush to attend to the safety of his or her child.

Significant issues arise from this Bill and my colleague will raise that of same-sex couples in particular. I would not like that to be regarded as the view only of the gay community. It is widely believed in civilised society and I urge the Minister to take on board my previous arguments and add this to them.

Back to top of the page

Seanad debates are available in full on the Oireachtas Website
Mailing List
Join the Joe O'Toole mailing list
E-mail:
Senator Joe O'Toole, Seanad Eireann, Leinster House, Dublin 2.
Phone : 01 618 3786 Fax: 01 618 4625 E-mail: aoife@joeotoole.net

 

 
Privacy Statement | Sitemap
powered by SitesToGo TM