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Vol. 190 Wednesday, No. 1 4 June 2008 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 4 June 2008. Business of Seanad ………………………………1 Order of Business …………………………………2 Employment Equality Act 1998: Motion …………………………17 Broadcasting Bill 2008: Committee Stage ………………………17 Charter of Fundamental Rights: Statements ………………………60 Broadcasting Bill 2008: Committee Stage (resumed)……………………80 Business of Seanad ………………………………107 Broadcasting Bill 2008: Committee Stage (resumed)……………………109 Adjournment Matters: Health Service Staff ………………………………110 Schools Building Projects ……………………………112 National Theatre ………………………………114 SEANAD E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 190 Volume 190 De´ Ce´adaoin, 4 Meitheamh 2008. Wednesday, 4 June 2008. ———— Chuaigh an Cathaoirleach i gceannas ar 12 p.m. ———— Paidir. Prayer ———— Business of Seanad. An Cathaoirleach: I have received notice from Senator Nicky McFadden that, on the motion for the Adjournment of the House today, she proposes to raise the following matter: The need for the Minister for Health and Children to outline staffing arrangements for shelters for the homeless, including new buildings co-funded by the HSE and by other bodies. I have also received notice from Senator Brian O´ Domhnaill of the following matter: The need for the Minister for Education and Science to allow the site acquisition for a new school at Gortahork, County Donegal, to proceed to the next stage. I have also received notice from Senator Paul Coghlan of the following matter: The need for the Minister for Arts, Sport and Tourism to outline his plans for the new Abbey Theatre in Dublin. I have also received notice from Senator Jerry Buttimer of the following matter: The need for the Minister for Arts, Sport and Tourism to make a statement on initiatives planned by him to secure the ongoing Irish open golf. 1 Order of 4 June 2008. Business [An Cathaoirleach.] I regard the matters raised by Senators McFadden, O´ Domhnaill and Coghlan as suitable for discussion on the Adjournment and they will be taken at the conclusion of business. I regret I have had to rule out of order the matter raised by Senator Buttimer as the Minister has no official responsibility in the matter — it is an operational matter for Fa´ilte Ireland. Order of Business. Senator Donie Cassidy: The Order of Business is No. 5, motion re section 12 of Employment Equality Act 1998, to be taken without debate at the conclusion of the Order of Business; No. 6, Broadcasting Bill 2008 — Committee Stage, to be taken at the conclusion of No. 5, to adjourn not later than 5.30 p.m., and, if not previously concluded, to resume at the conclusion of No. 7; and No. 7, Private Members’ business, statements on the Charter of Fundamental Rights of the European Union, to be taken at 5.30 p.m. and to conclude not later than 7.30 p.m., with the contributions of spokespersons not to exceed ten minutes and those of all other Senators not to exceed seven minutes. Senators may share time, by agreement of the House. Senator Liam Twomey: I extend the best wishes of Senators to the 50,000 young adults who are starting their leaving certificate examinations today. Senators: Hear, hear. Senator Liam Twomey: We have all done many examinations in our time, but I am sure we will agree that the leaving certificate remains the hardest examination of all. We should send the best wishes of the House to those young people who are sitting examinations today. I ask the Leader to change the wording of Fianna Fa´il’s Private Members’ business so that Senators can vote on a motion relating to the Charter of Fundamental Rights of the European Union. This House needs to show the people of this country and the rest of Europe that it fully supports fundamental rights for all EU citizens. Perhaps the Leader will take on board my suggestion that he should provide an opportunity for all of us to vote on this issue, which affects people in Ireland and throughout the EU. Can the Leader ask the Minister for Health and Children to make a statement on an important issue that has been brought to my attention? The issue in question relates to the ongoing debate on the health service. I was contacted this morning by a doctor who told me he knows of a laboratory that deliberately decided not to analyse 12 blood samples for medical conditions which are mainly associated with elderly people. The laboratory did not have the resources to conduct the tests in question. The general practitioner told me he is unable to instigate treatment, or make an accurate diagnosis, in respect of the 12 patients. The laboratory has told him that if he wishes to repeat the blood tests, it cannot guarantee that the tests he has requested will be carried out. If the patients in question are dragged back into the surgery to give blood once more, their general practitioner will not be able to assure them that he has accurate information on them. A doctor has contacted me about this ongoing issue. Laborator- ies throughout the country do not seem to be able to test all the blood samples that are submitted to them by general practitioners. I would like the Leader to ask the Minister, Deputy Harney, to explain what is going on. It is impossible for general practitioners to provide a service to sick patients if the laboratories are unable to guarantee that they will analyse the blood samples the GPs submit. This issue needs to be debated further if we are to find out what is going on in our health services. 2 Order of 4 June 2008. Business Senator Joe O’Toole: As we send our good wishes to those who are sitting the leaving certificate, it is interesting to take the matter a little further by considering how many of the 60,000 students in question are likely to aspire to having a career in political life, involving public representation. One of the great problems we face when considering the future of this or any other society is the lack of interest in public representation. It is an issue which this House and the Minister for Education and Science should examine. The Cathaoirleach will recall that I raised a query last week in regard to item 5 on the Order Paper which deals with the Order under the Employment Equality Act. I wish today to make the point that the House needs to address this issue which relates to legislation that allows Church bodies to discriminate, albeit in a way with which very few people would disagree. In this case, the Church of Ireland College of Education seeks to ensure a quota of people from its own cultural background are available to them in their college over a period of years. I do not believe any right-thinking person would object to this. This legislation, however, can be abused and misused against perhaps people who are gay or have other interests. It also raises the issue of how an Islamic or other person of non-Christian faith can become a teacher in Ireland. These are serious issues. I have a difficulty not with the intent of the Order but with what its tells us in terms of our view of ourselves as a society. Senator Norris and I have raised the issue under various headings, including under the equal status Bill, during the past 15 to 20 years. There exists in this regard a problem for society and we should be prepared to grasp it, deal with the issues and protect people and our cultural values. One of the great aspects of the Lisbon treaty is that it gives a pride of place to national cultural values in order to develop it and move it forward. We must take a more multifaceted approach to cultural issues. I ask not that we debate the issue today but that we debate it in the context of the employment equality legislation, equal status legislation and related matters at an appropriate time. Senator Dominic Hannigan: I am glad the Irish Farmers’ Association has come round to supporting the Lisbon treaty. I am aware, having spoken to many farmers in my area, of the concerns in regard to the impact of the WTO talks. I am hopeful the IFA recommendation will allow its members to support the treaty. A level of disquiet exists in regard to the treaty. Many people intend to vote “No” just to give the Government a bloody nose for its mismanagement of the economy. There is no reason to hit the Government at this stage. There will be many other occasions when this can be done. It is vital for the country that we ratify the Lisbon treaty. People should be under no illusion in regard to the real threat which exists to our economy. According to the ESRI report pub- lished today consumer confidence is at its lowest in 12 years. Oil, fuel and food prices are increasing. Senator Mary M. White: That is not the Government’s fault. Senator Dominic Hannigan: Export orders are down for the third consecutive month. One can detect these concerns on the street. I have spoken to many builders in the past few weeks who are concerned about what is happening. FA´ S predicts a downturn of approximately 55,000 jobs in the construction sector. This will hurt people and families. It will also hurt those cur- rently sitting the leaving certificate examination who hoped to get involved in the construction industry.