Vol. 240 Tuesday, No. 10 16 June 2015

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Insert Date Here

16/06/2015A00100Business of Seanad ����������������������������������������������������������������������������������������������������������������������������������������������621

16/06/2015B00150Commencement Matters ��������������������������������������������������������������������������������������������������������������������������������������622

16/06/2015B00200Community Policing ��������������������������������������������������������������������������������������������������������������������������������������������622

16/06/2015D00250Nursing Staff Recruitment �����������������������������������������������������������������������������������������������������������������������������������624

16/06/2015E00400Appointments to State Boards ������������������������������������������������������������������������������������������������������������������������������626

16/06/2015G00250Private Rented Accommodation Provision ����������������������������������������������������������������������������������������������������������628

16/06/2015O00100Deaths of Irish Students in California: Expressions of Sympathy ����������������������������������������������������������������������632

16/06/2015O00350Order of Business ������������������������������������������������������������������������������������������������������������������������������������������������632

16/06/2015EE00400Health (General Practitioner Service) Bill 2015: Committee and Remaining Stages ������������������������������������������649 SEANAD ÉIREANN

Dé Máirt, 16 Meitheamh 2015

Tuesday, 16 June 2015

Chuaigh an i gceannas ar 2.30 p.m.

Machnamh agus Paidir. Reflection and Prayer.

16/06/2015A00100Business of Seanad

16/06/2015A00200An Cathaoirleach: I have received notice from Senator that, on the mo- tion for the Commencement of the House today, she proposes to raise the following matter:

The need for the Minister for Justice and Equality to outline if she has investigated the possibility of retaining retiring gardaí on a part-time basis as community gardaí as a cost- effective way of policing communities.

I have also received notice from Senator John Kelly of the following matter:

The need for the Minister for Health to address the looming crisis in retaining nurses within the nursing home sector.

I have also received notice from Senator of the following matter:

The need for the Minister for Education and Skills to address the lack of a board of management at the National College of Art and Design and to outline when the Department commenced the process of recruiting a new board, whether the board vacancies were adver- tised via publicjobs.ie and when the board will be appointed.

I have also received notice from Senator of the following matter:

The need for the Minister for the Environment, Community and Local Government to outline his proposals to provide a long-term, affordable and stable house rental market.

I have also received notice from Senator Martin Conway of the following matter:

The need for the Minister for Agriculture, Food and the Marine to indicate his intentions concerning the application for a licence for a fish farm in County Galway.

I have also received notice from Senator of the following matter:

621 Seanad Éireann The need for the Minister for Health to clarify the position on the setting up of a drugs review committee for orphan drugs, as such a proposal was outlined in the rare diseases plan.

I have also received notice from Senator of the following matter:

The need for the Minister for Health to address the recent Health Information and Qual- ity Authority, HIQA, report findings on residential centres for people with an intellectual disability in counties Louth and Sligo and the response of his Department to these findings.

I have also received notice from Senator James Heffernan of the following matter:

The need for the Minister for Transport, Tourism and Sport to explain why the provision of a motorway to connect Cork and Limerick has been put on hold and whether there are other plans to progress the project.

I regard the matters raised by Senators Catherine Noone, John Kelly, Fiach Mac Conghail, Paul Bradford, Martin Conway, Colm Burke and Mary Moran as suitable for discussion. I have selected the matters raised by Senators Catherine Noone, John Kelly, Fiach Mac Conghail and Paul Bradford and they will be taken now. Senators Martin Conway, Colm Burke and Mary Moran may give notice on another day of the matters they wish to raise.

I regret that I have had to rule out of order the matter raised by Senator James Heffernan on the grounds that it is a repeat of a similar Commencement matter raised on 14 May.

16/06/2015B00150Commencement Matters

16/06/2015B00200Community Policing

16/06/2015B00300An Cathaoirleach: I welcome the Minister of State, Deputy Paudie Coffey.

16/06/2015B00400Senator Catherine Noone: I thank the Minister of State for attending. In recent times, one of the most consistent problems that we have been told of is the lack of Garda manpower. To its credit, the Government has reopened the college in Templemore and garda training is ongoing, but we are running to stand still, that is, to keep the number of gardaí at 13,000. It would make sense for retiring gardaí to be kept on on a part-time basis as community gardaí as a cost-effective way of policing communities. Often, retiring gardaí are young compared with the average age of retirement and could augment community policing structures, giving us the benefit of their expertise while improving the perception of community policing on our streets and making people feel safer.

There is no question of a perception of there being fewer gardaí on the streets. It is certainly something that I hear about in . I have noticed it. This would be a great way to balance that perception through tangible examples of gardaí on the beat in their communities. Even if just 500 retiring gardaí - one or two per station - were employed on a part-time basis, it would cost between €7 million and €15 million per annum. The money would be well spent and have a useful effect. I would be interested to know the Minister of State’s thoughts on this suggestion in the light of the number of low-cost measures that have been implemented, for example, the

622 16 June 2015 successful text alert scheme. If this proposal were implemented, it could have a positive impact on urban and rural communities.

16/06/2015B00500Minister of State at the Department of the Environment, Community and Local Gov- ernment (Deputy Paudie Coffey): I thank the Senator for tabling this Commencement mat- ter. The Minister for Justice and Equality, Deputy Frances Fitzgerald, also wishes to thank her and regrets being unable to attend for the debate. However, I am happy to take it on her behalf.

Community policing is an important part of policing. It is a central feature of current polic- ing policy and members of community policing are encouraged to engage with the local com- munities to which they are assigned. Policing policy is predicated on the prevention of public order offences and crime, including violence against persons and property, and the maintenance of an environment that is conducive to the improvement of residents’ quality of life. This strategy will continue to be central to the delivery of a quality policing service. Community policing deserves dedicated and motivated gardaí who are willing to give 100% to protect the communities they serve. On that basis, all members assigned to community policing units oper- ate on a full-time basis and there are, therefore, no plans to retain retiring gardaí on a part-time basis as community gardaí.

It is, of course, the case that all gardaí have a role to play in addressing community polic- ing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána, a point highlighted by the Garda Inspectorate in its third report, Policing in Ireland: Looking Forward. The inspectorate states in the report that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland. An Garda Síochána now operates a new model of community policing which aims to build on and enhance progress so far. The Minister has said she fully supports this renewed emphasis on community policing, particularly in light of the priority given to it in the programme for Government. The model is about renewing, reinvigorating and restructuring the community policing function within An Garda Síochána to deliver a consistent national structure to the community policing function, a more co-ordinated and efficient Garda service to the community and a spread of good practice and quality of service in community policing on a national basis. The model is providing a structured and cohesive approach to community po- licing nationally. The national strategies for neighbourhood watch and community alert, both of which were launched in 2007, also inform the organisation on how best to implement future crime prevention and community policing programmes. The model is built around ten core components, or pillars, which serve to inform everything gardaí do in their interactions with the community. The ten pillars are: partnership, enforcement, problem solving, crime prevention and reduction, accountability, visibility, accessibility, collaborative engagement, empowerment and improved response.

Community gardaí will be proactive in building positive partnerships through initiatives such as Neighbourhood Watch, Community Alert, Garda clinics, Supporting Safer Communi- ties campaigns and Garda station open days. Flexible engagement practices are required to cater for community groups and can ultimately lead to a community being empowered. The establishment of partnerships at local level should be seen as a co-operative effort to facilitate problem solving. A national community policing office has been established within the Garda community relations section to develop and oversee the implementation programme and the Garda national model of community policing report is available on the Garda website. Guide- lines for the delivery of a community policing service are being developed to enhance and update the national model of community policing. They will take into account feedback on 623 Seanad Éireann the implementation of the national model in the context of a changing landscape across Garda divisions and districts. The guidelines offer a renewed focus on the delivery of a community policing service under the pillars of law enforcement, crime prevention and community engage- ment using existing resources.

The Senator may be aware that members of An Garda Síochána who joined the force prior to 1 April 2004 may retire on full pension once they have served for at least 30 years and reached 50 years of age. Members who joined the force on or after 1 April 2004 may retire on full pen- sion once they have served at least 30 years and reached 55 years of age. In both cases, mem- bers must retire once they have reached 60 years of age. There is no barrier to retired members joining the Garda Reserve once they meet certain eligibility criteria such as the age limit of 60 years and have received an exemplary, very good or good discharge from An Garda Síochána. As the Senator will be aware, the Garda Reserve was established to enhance the links between An Garda Síochána and local communities through the deployment of locally recruited volun- teers who operate in support of full-time colleagues. There are currently 1,064 attested reserve gardaí, with a further 43 at various stages of training. Garda Reserve members make a real and tangible contribution to policing right across the country and I am fully supportive of its contin- ued development. Recruitment to the Garda Reserve and the training of new reserve gardaí is ongoing. The Minister would be delighted to see retired members of An Garda Síochána using their knowledge and expertise as Garda Reserve members.

16/06/2015C00200Senator Catherine Noone: I note the Minister of State’s response and the fact that it constitutes a useful explanatory memorandum on community policing. I hear from where the Minister is coming from in the sense that we deserve dedicated and motivated gardaí who are willing to give 100% to protect the communities they serve. The Garda Reserve was mentioned and I gather that is on a part-time basis in any case. The Garda Reserve could be deployed to be more involved in community policing. I appreciate the response, which is perhaps something on which I could have a word with the Minister when I see her later.

16/06/2015D00200Deputy Paudie Coffey: I again thank the Senator. It is a very topical issue. The Minister has considered it, but she has said that at this time consideration is not being given to keeping on retiring gardaí on a part-time basis as community gardaí. It is important that members who are assigned to community policing units operate on a full-time basis and are fully dedicated to the very important work. However, I take on board the points the Senator has made which I will convey to the Minister who I am sure will have further engagement with the Senator.

16/06/2015D00250Nursing Staff Recruitment

16/06/2015D00300Senator John Kelly: I welcome the Minister of State. We have a serious problem within the nursing home sector in retaining and recruiting nursing staff. This has been brought about by the current Health Service Executive, HSE, recruitment plan drive. As we know, nursing homes are central to our health service and in one nursing home last October they had 12 nurs- ing staff. Six of them have now left, two are set to leave and two are due to leave later in the year, leaving the operators in the lurch. In addition, the HSE is looking for two weeks notice from those staff who are employed in the nursing home sector and the operators of the nursing home require four weeks notice. It is leaving them in an impossible position. They cannot recruit locally and we have the ridiculous situation where it takes over a year if they try to em- ploy an Indian or a Filipino nurse. They must undergo an international language test, even if 624 16 June 2015 English is their first language, and in most cases they fail it. On the other side of the coin, one can employ European Union nurses who might have no English and there is no requirement for them to have it. The only problem is that the Department aims to process their visa applications within 90 days, but it takes four months for them to get a PIN. That is a serious anomaly.

We need to consider, first, as a matter of urgency, fast-tracking Indian nurses’ visa applica- tions. Second, we need to retain Irish nurses for at least two years post-registration. Third, In- dian nurses have to complete an adaption period, which is normally done in a general hospital, but there is no need for that as it can be done in nursing homes. These Filipino nurses have the same degree as Irish nurses. Why is this six week adaption period necessary?

All of these issues have serious Health Information and Quality Authority, HIQA, implica- tions for nursing home operators, and some may be forced to close unless we can address the shortage of nurses in the system.

16/06/2015D00400Deputy Paudie Coffey: I thank the Senator for raising his concerns about a very topical issue. I am taking this debate on behalf of my colleague, the Minister for Health, Deputy Leo Varadkar, who is on Government business elsewhere and sends his apologies. However, I am happy to respond on his behalf.

The nursing home public and private sectors are collaborating with the Department of Health and the HSE in sourcing several solutions to meeting the issues arising in regard to nurse recruitment and retention. There are two areas under active review regarding these recruitment and retention issues. First, there is the issue of recruitment of nurses educated and trained in Ireland. The HSE office of the nursing and midwifery services director has been supportive in allowing the nursing home sector meet graduate students in the universities to discuss employ- ment opportunities. In addition, the chief nursing office in the Department has been engaged with the public and private nursing home sector in promoting nursing the older adult as a career choice. The office has facilitated ongoing discussions, spoken at conferences and engaged with third level colleges on seeking solutions to the recruitment and retention issue. These discus- sions have involved exploring and reviewing career pathways within older people services to encourage more staff into this area of nursing practice.

The second area under review relates to the undertaking of initiatives for the recruitment of global nurses. The background to this issue is that nurses who trained in a country other than Ireland and who wish to work in Ireland are required to apply to register as a nurse with the Nursing and Midwifery Board of Ireland. The board, following assessment of qualifications by an applicant, may require an applicant to undertake a six to 12-week period of adaptation and assessment. A period of adaptation is designed to make up for differences in education and to ensure competence for working in the Irish health service. If this adaptation is required, it must be successfully completed as a prerequisite to registration.

There are two remaining HSE adaptation courses available this year in June and August. These courses are six to 12 weeks in duration. They facilitate the integration of global nurses into nursing in an Irish context. It may be of interest to the Senator to learn that since the na- tionally co-ordinated pilot adaptation programme commenced in June 2014 as many as 151 candidates have completed the programme, 58 candidates are undergoing assessment and 126 candidates are due for assessment up to the final programme in August 2015. Outside of the current provision for placements in 2015, there are 293 requests for placements by employers. These numbers do not reflect a national total as some hospital sites have also run independent 625 Seanad Éireann adaptation programmes.

There is a collaborative group which includes representatives from the Department of Health, the HSE and Nursing Homes Ireland, NHI. The group continues to explore options to facilitate adaptation. In this regard, some hospitals will respond to local needs from local nursing homes and this has been encouraged within the hospital group structures. Some hospitals will continue to support placements pending funding from NHI though not at peak undergraduate student times. Some are withdrawing from the provision of clinical placements in order to facilitate their own internal international recruitment initiatives. It was also agreed in these discussions that NHI would consider options for it to co-ordinate the adaptation programme. This depends on and awaits the NMBI’s approval of such a decision. NHI has also been advised to contact some private hospitals to explore options to assist with facilitating such courses. In addition, options are being explored with an Irish university to offer a one day programme of assessment through an examination format. It is hoped the pilot of this programme will be complete and results available in the last quarter of this year.

I am sure the Senator will agree that all appropriate steps are being taken by the key stake- holders to maximise recruitment and retention options that arise in the nursing home sector.

16/06/2015E00200Senator John Kelly: I thank the Minister of State for his reply. The issue is the speed at which we deal with adaptations and visa applications and it is speed which is crucial in solving this problem. I appreciate the answer which has given me hope something might be done by the end of the year, but I remind the Minister of State that this is a crisis which needs to be dealt with urgently.

16/06/2015E00300Deputy Paudie Coffey: I thank the Senator for bringing the matter to the attention of the House and that of the Minister for Health. I agree that adaptation assessments and the turn- around of competent people to act in this area is very important. I also take on board the view expressed about visa applications. This is something which we will bring to the attention of the Minister and that of the officials in order to see if further improvements can be made. I again thank the Senator for raising this matter.

16/06/2015E00400Appointments to State Boards

16/06/2015E00500An Cathaoirleach: I welcome the Minister for Education and Skills.

16/06/2015E00600Senator Fiach Mac Conghail: I welcome the Minister and thank her for coming here at short notice. I am sure she is aware of the concern that the arts and education communities have about the fragile governance of the National College of Art and Design which has been without a board for almost five months. That situation is without precedence, particularly when one considers that only last Friday I attended the final graduates’ exhibition of some wonderful post- graduate and graduate students. The college has an extraordinary and wonderful atmosphere. The college has no board and there is an extraordinary disarray between the directorate and the students due to a lack of trust. The breakdown of trust between the students and the director- ate has been further exacerbated by the fact that the Minister has not appointed a board in five months. Today I heard rumours about the matter and hope we will hear good news. When will the Minister appoint a board? Why has there been a delay? A five month delay in appointing any State board is an extraordinary omission and was of concern to the students I spoke to on Friday evening. Where were the board vacancies advertised? it was quite difficult for me to 626 16 June 2015 find where these vacancies were advertised. Was it through publicjobs.ie, or the Stateboards. ie.? Does the Minister consider it is acceptable in terms of governance that the Department of Education and Skills has left the NCAD organisation without a board for so long?

16/06/2015F00200Minister for Education and Skills (Deputy Jan O’Sullivan): I thank the Senator for raising this issue which is very important for students and staff of the National College of Art and Design.

As Members know, the new guidelines for appointments to State boards were approved by Government in November 2014 and provided for the new State boards website to be put in place. The State boards website was launched earlier this year and is now operational.

The Government has made very significant changes to the way appointments are processed since late last year. I think everyone will welcome this new level of openness and transparency. The list of State boards to be advertised through the Public Appointments Service system, PAS, and considered to fall within the remit of the new guidelines was provided by the PAS for my Department. It did take some time for the PAS to finalise the lists of organisations that it would process and the Department did not proceed with the advertisement planned for higher educa- tion until there was clarity around what was to be included in the PAS process.

In general higher education institutions are regarded as autonomous institutions in receipt of public funding rather than as State boards; therefore, appointments to boards and governing bodies of higher education institutions are not being made through the PAS process. However, in keeping with the principles of the new guidelines for appointments to State boards, my De- partment sought expressions of interest from suitably qualified candidates for consideration for appointment as chairs and ordinary members to boards and governing bodies of institutions and other bodies in the higher education sector. This included the National College of Art and Design.

Expressions of interest were sought by way of a public advertisement on www.education. ie. The PAS also agreed to place a link to this advertisement on its website www.Stateboards. ie. The advertisement was published on the Department of Education and Skills website on 26 February 2015, with a closing date of 19 March. Persons who were registered with the PAS website were also sent notifications of the advertisement. A total of 123 expressions of interest in serving on boards of higher education institutions were received with 24 of these express- ing a specific interest in serving on the board of the NCAD. As Members will understand, the selection of members of boards requires careful consideration and the membership of a number of boards was under consideration at the same time. The membership and skill sets required for the board of the NCAD has also been given particular attention due to the issues that have arisen at the college in recent times.

I am pleased to say I have now appointed a new board to the NCAD. I confirm that the fol- lowing persons submitted an expression of interest in serving on the board of the NCAD and have now been appointed: Ms Niamh Brennan, the Michael McCormick Professor of Manage- ment at UCD and the academic director of the UCD centre for corporate governance, holds qualifications in corporate governance and has experience of governance through Government appointments and membership of numerous boards; Mr. Blaise Smith, an artist and painter and a graduate of the NCAD who was elected an associate member of the Royal Hibernian Acad- emy in 2013; Ms Mary Dorgan is the former assistant CEO of the Health and Safety Authority and a member of the Irish Sports Council and has many years experience of board membership 627 Seanad Éireann and governance; Ms Karen Furlong has 25 years experience in strategy development, busi- ness transformation, organisation design and change management and has managed companies through the new fitness and probity and corporate governance regulatory landscape laid down by the Central Bank; and Mr. Ian Power is executive director of SpunOut.ie, Ireland’s youth information website and non-executive director of the National Youth Council of Ireland. He also has experience of governance issues through his work on the board of the National Youth Council. In addition, I am pleased to say Professor Mark Rogers, acting registrar and deputy president of UCD, has agreed to serve on the board. His appointment to the new board provides an opportunity to strengthen the strategic co-operation between UCD and the NCAD. Profes- sor Rogers will also strengthen the board’s capacity in terms of his experience and expertise in approaches to student learning. In addition to these board members, I have appointed two academic staff representatives, nominated by the academic staff of the NCAD and two repre- sentatives nominated by the student body. I am sure these new members of the board will be able to fulfil their obligations to the full and serve well as members of the board of the NCAD.

16/06/2015F00300Senator Fiach Mac Conghail: I thank the Minister for her response. The appointment of the board is welcome. I appreciate the fact that the Minister has given us straight answers to straight questions.

3 o’clock

It is also important that the new board creates trust between the student body and the aca- demic staff and the directorate. I assume, although the Minister probably cannot say, Professor Niamh Brennan is likely to be chair of the NCAD. I was not aware of how developed was the recently withdrawn UCD-NCAD partnership and I note with interest that the Minister has ap- pointed Professor Mark Rogers and also some artists, including Ms Blaise Smith, whom I know well.

I have a small request that the Minister visit that exhibition because her predecessors have done so. The students would appreciate seeing her there as an endorsement and validation of their rich and fruitful time at the university. I look forward to engaging with the Minister in that regard.

16/06/2015G00200Deputy Jan O’Sullivan: I would very much like to have the opportunity to visit. My pre- decessor attended the exhibition last week. Unfortunately, I was unable to go. I hope the board will be up and running quickly. I regret the delay. There was that process of setting up the PAS and then trying to identify what was in the PAS and what was not. However, the process is a lot more transparent than it would have been in the past. Certainly, as I say, I would very much welcome the opportunity to visit. I thank the Senator for raising the issue. He is the first person who has heard this news.

16/06/2015G00250Private Rented Accommodation Provision

16/06/2015G00300Senator Paul Bradford: I welcome the Minister of State with responsibility for housing, Deputy Paudie Coffey.

I raise the issue of the future of the private housing rental sector. I am doing so, in one sense, in the context of the immediate and current crisis but what we need is not simply a debate and a partial or short-term solution to the crisis, but a more long-term strategy about the future of 628 16 June 2015 the private rental sector in this country. While a Commencement debate in the Seanad is a posi- tive start, I will certainly be asking in the broader confines of Seanad time that we will have a more substantive debate where ideas and suggestions can be put forward. If we are to plan for a proper housing market in this country in the future in a sustainable and affordable fashion and respond to different housing types and needs recognising that housing solutions of the 1970s and 1980s are not entirely appropriate to the Ireland of today, we must recognise that there must be a major place, as part of the national housing strategy solution, for the private rental market. It is fair to observe that the rental market and private tenancies up to now have been very much the second-rate cousins in policy in the housing Department. Perhaps it is part of the Irish mentality, shared, perhaps, in Britain and a few other countries worldwide, about the fixation with house ownership. I refer to the concept that unless one owns one’s house one is somehow not a full participate in society. We need to radically overhaul that concept. We need to look across the continent of Europe and beyond. We need to look at dynamic societies where, not a minority, but a majority of citizens and families live in private rented accommodation long term and have an alternative use for the capital sums which otherwise would be invested in home ownership. Such sums or the leftovers can be used, for example, for education or setting up small enterprise. We have a society where people invest a considerable amount of their dispos- able income in the concept of homeownership and must look beyond this as we plan a housing strategy for the future.

It is also fair to observe that, from the perspective of the equation between landlord and tenant, it has become much too easy to see the landlord as a type of Scrooge figure extracting the last euro or cent from an unfortunate tenant and that is not always the case. There are many thousands of good landlords across the country just as there are many tens of thousands of good tenants. We need to set in place fair but firm legislation on the rights of landlords and tenants. Beyond that, we need to change the thinking about home ownership to ensure that the concept of long-term rental accommodation with secure tenancy and fair and balanced rents and rent reviews are part of the housing agenda. We must move away from previous housing policies of building to sell and of encouraging people to buy to very different solutions.

Threshold is holding a conference today. I heard some of the advance media presentations. It is putting forward some interesting ideas. We have to approach this issue from a blank can- vas and attempt to change the thinking of Irish people on home ownership and where families live and how communities thrive and interact. The private rental sector and the rental market, whether private rental or social housing, should play a much more significant role. It requires planning but above all, it requires a change of attitude and a change of emphasis from the De- partment down through the planning sector to the construction industry. We need to engage with the public in order that it will see a different concept of living for communities and fami- lies into the future.

I look forward to the initial response of the Minister of State, but it would not be fair of me to expect a comprehensive solution today. I am aware of the short-term issue he is attempting to address and that is necessary. I ask the Minister of State today and hope in a full debate in the near future to look beyond the short term to the medium to long term to begin the process where our housing stock and home ownership will be looked on differently and where the rental sector can play not only an economic but a social role in building the country.

16/06/2015H00200Deputy Paudie Coffey: I thank the Senator for raising this important issue. I reassure him there will be ample opportunity to debate the wider medium-term and long-term issues in terms of housing in the Seanad in the coming weeks. 629 Seanad Éireann The private rented sector is an important element of the housing market, with the proportion of households in the sector almost doubling in the period 2006 to 2011. The Residential Ten- ancies Act 2004 regulates the landlord-tenant relationship in the sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies (Amendment) (No. 2) Bill 2012 is before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide for the inclusion of the approved housing body, AHB, sector within the remit of the Residential Tenancies Act 2004, the introduction of a new procedure to deal with non-payment of rent and the introduction of a tenancy deposit protection scheme. The Bill is due to return to Seanad for Committee Stage in the coming weeks when I look forward to further debate.

I recognise that rent increases, especially in Dublin and the other major cities, are leading to difficulties for lower income households. A shortage of supply is at the heart of rising rents and the Government is addressing this on a number of fronts. Construction 2020: A Strategy for a Renewed Construction Sector, published last year, is aimed at addressing issues in the property and construction sectors and ensuring that any bottlenecks that might impede the sector in meet- ing residential and non-residential demand are addressed. This evening I will introduce the Urban Regeneration and Housing Bill 2015 in the Dáil. I look forward to debating the Bill also in this House in the coming weeks. It will be a further opportunity for more engaged debate.

Addressing the supply shortfall in housing will take time but in the period since the publica- tion of Construction 2020, some welcome signs of recovery in the sector have become evident. Particularly notable in this regard is the increase in the number of house completions in 2014 to more than 11,000 units nationally - an increase of 33% on the 2013 figure. The latest figures for new house completions show that 2,629 units were completed in the first three months of 2015, up 26% on the corresponding figure for the first quarter of 2014.

In respect of planning applications and projects in the system, there was a 29% increase in the first five months of the year in comparison with the same period last year. Also, there are 3,500 commencement notices for projects submitted nationally. Social housing is a key priority for the Government, as evidenced by the additional €2.2 billion in funding announced for social housing in budget 2015 and the publication of the social housing strategy 2020. The strategy provides the basis for a concerted and co-ordinated approach to social housing provision and contains an action plan with detailed objectives and timelines. It also includes a commitment to developing a national policy on the private rented sector aimed at increasing investment in and supporting the supply of good quality, secure and affordable accommodation in the sector.

The National Economic and Social Council report, Ireland’s Rental Sector: Pathways to Secure Occupancy and Affordable Supply, which was published last month, is a welcome and timely contribution to the debate around the rental sector. The report calls for more secure oc- cupancy for tenants, including greater rent certainty, as well as measures to increase the supply of rental housing. The recommendations put forward in this report will be considered carefully in the context of framing measures in respect of the rental market. My overriding objective is to achieve stability and sustainability in the market for the benefit of tenants, landlords and society as a whole.

16/06/2015J00200Senator Paul Bradford: I thank the Minister of State for his response. This is the begin- ning of a much more substantive debate on housing policy. I read with satisfaction his closing comment that his objective is to work on behalf of tenants, landlords and society as a whole. My concern is that sometimes the person who holds the Minister of State’s position, which is very important, sees himself or herself not as the Minister for housing, but as the Minister for 630 16 June 2015 the construction industry. As a society, we urgently need to draw a firm line between what some people see as a very straightforward black and white construction industry and what I see as the need for an industry to provide housing for families and societies. I am not being critical, but in the Minister of State’s first days and weeks in his current role the Construction Industry Federation held a function that he, rightly, attended. I read remarks afterwards from one of the speakers introducing him, who noted that the construction industry had its Minister again. I do not want to see him as the construction industry Minister but as the person responsible for ensuring families across the country can be provided with social, affordable, or private housing, or whatever is the appropriate mix.

We need to be careful where we go in the future and that a step into the future is not a repeat of the past. Government policy and Department of the Environment, Community and Local Government policy were set very strongly and negatively for too long by some of the bigger players and the louder voices in the construction sector. The voices the Minister of State needs to listen to now are the voices of the hundreds of thousands of people across the country who are looking for a housing solution and who want to see a proper balance of social, private and affordable rental accommodation. His ears are open in that regard, from what I know of him, but I want to hear about him as the housing Minister, not as a quasi-spokesperson for the con- struction industry. I thank him for his response. He will be back in the Seanad debating other housing Bills and we will continue what I think will be a positive engagement.

16/06/2015J00300Deputy Paudie Coffey: I welcome the opportunity to respond to some of the points raised by the Senator and to reassure him regarding the perception he might have that I am a Minister for the construction industry. That is not true. I am the Minister of State with special responsi- bility for the co-ordination of the Construction 2020 strategy, which is a Government strategy, adopted in the best interests of society, on how best to provide houses. I further reassure the Senator that we now have the Housing Agency, an independent organisation with professional expertise available to it in terms of planning, analysing demographics, and making recommen- dations to Government to inform policy and infrastructure investments. The Housing Agency is working with my Department to identify where demand is real, the types of unit that are needed. The local authorities, the approved housing bodies and many other stakeholders, including the construction sector, are required to develop and deliver that infrastructure.

Second Stage of the Urban Regeneration and Housing Bill, to which I briefly referred, will be taken in the Dáil this evening. The Senator will welcome the debate when the Bill is before this House and find there are measures in it about which the construction sector is not happy. The Part V element remains because we want to see social housing units being developed and we are removing the flexibility which the construction sector previously had whereby it could give cash payments to local authorities in lieu of housing units. That was opposed by the con- struction sector, but we need housing units. There are also concerns in the construction sector about the vacant site levy, but the Government feels we must regenerate sites of high potential in cities and towns which already have public infrastructure lying at the footpath in order to maximise the investment that has already been made by the taxpayer.

These are measures that the Government and I are taking to generally improve the avail- ability of houses, not necessarily to improve the lot of developers and the construction sector. They will, however, generally improve construction jobs and the delivery of affordable, quality houses, which is what we want for all citizens.

Sitting suspended at 3.15 p.m. and resumed at 3.30 p.m. 631 Seanad Éireann

16/06/2015O00100Deaths of Irish Students in California: Expressions of Sympathy

16/06/2015O00200Senator : Before the Order of Business, I propose a vote of sympathy on the deaths of the many young people who were killed in San Francisco this morning. I think we should all stand in silence for one minute. It is suggested five young people are dead and that eight are very seriously injured. Our hearts go out to the relatives of all those involved and all those who are there. I am sure the Government will do everything possible to assist the families in this very dark hour.

Members rose.

16/06/2015O00350Order of Business

16/06/2015O00400Senator Maurice Cummins: The Order of Business is No. 1, Health (General Practitioner Service) Bill 2015 - Committee and Remaining Stages, to be taken at 4.45 p.m. and adjourned not later than 7 p.m., if not previously concluded.

16/06/2015O00500Senator Darragh O’Brien: On behalf of the Fianna Fáil group, I convey our deepest condolences and sympathy on the tragic events that took place in California. I commend the Leader for his highly appropriate gesture in thinking about the families involved. I suppose we have our arguments, disagreements and discussions on policy - we all try to do our best - but when tragedies happen on days like today, we are shown what is really important. I am certain - I am glad the Leader made this point - that the Government and the staff in the Department of Foreign Affairs and Trade and the consular service will do absolutely everything to assist the families of the deceased and the other young adults who have been critically injured. Our thoughts and prayers are with them today.

In view of that terrible tragedy, I will temper my remarks on a couple of items. Like some of my colleagues in this House, including Senators and Gerard P. Craughwell, I spent this afternoon meeting the Clerys workers. It is a distressing situation for the more than 400 staff who have, in effect, been locked out of their jobs. When we have a debate on that at the appropriate time, we should consider where we are at regarding the legislation on protect- ing workers’ rights. Furthermore, I ask that we fast-track as best as possible any redundancy payments due to these workers, most of whom have no income whatsoever now and need the assistance of the Department of Social Protection. When I discussed these matters with many of the decent workers who were at today’s event in Dublin, they told me their worlds had come crashing down. It has been a massive shock to the system for them.

I would like to refer briefly to something about which I am slightly concerned. I was not going to mention the manner in which one political party, in particular, tried to take over part of what happened outside Clerys. As members of the , Fianna Fáil and Sinn Féin and as Independents - I am sure members of were there - we were there as public representatives to show our support, listen to people talking about what had happened to them and to see how we could do better and be of assistance. Unfortunately, some members of a po- litical party tried to bully people off the streets of the capital, which are not owned by anyone. Perhaps one could say they were nearly trying to capitalise on a terrible situation. The only party there that had banners, unfortunately, was Sinn Féin. I am not suggesting many of the 632 16 June 2015 Sinn Féin people who were there are not also concerned about what has happened - of course, they are. However, on the idea that other public representatives should not be there or are in- timidated in some way into not being there, I think we have to watch it. I am a big boy; I can take any grief I get and it is no big deal to me. However, it is a trend that has started to come in on a few different issues. All Members across parties, including Sinn Féin Members, are very concerned. We want to do what is right and we want to make sure this situation does not occur again. However, I will not be bullied off O’Connell Street in my own city by a couple of thugs either. That is just not going to happen.

I am not going to say any more than that. I think we are all committed. We should do what- ever we can to ensure the workers in Clerys are assisted, that they get the money they are owed and that the suppliers and those who have concession stands get the money they are owed. We must ensure a situation like this does not happen again and it is outrageous to think it can hap- pen.

I know we had quite a fractious debate in some part last week. I apologise if I offended any- one last week when we debated the regeneration of Moore Street, as that was not my intention. However, the Bill I introduced was about this very thing - the economic regeneration of the north O’Connell Street-Moore Street area. Now, Clerys is gone - a massive block of O’Connell Street is gone. What is going to happen with it? I worry not just for the workers but also for the future of our capital street in Dublin. At the appropriate time, in the next few days or certainly next week, because time is of the essence, I ask that we set aside time to debate all the aspects of this terrible turn of events at Clerys.

16/06/2015P00200Senator : With other colleagues, I join in expressing enormous sympathy to the families and individuals concerned in the tragedy in Berkeley, California, involving Irish students. News is only just coming out now, but it is clearly an appalling tragedy. I thank and commend the Leader for having us stand in silence for one silence, which was a most appropri- ate way to show our deep commiseration with the families.

I want to raise the issue of the way in which the workers in Clerys have been treated and the sudden closure on Friday. With other colleagues, I was there outside Clerys earlier today to support the staff and concession holders of Clerys. It was a hugely dignified protest. I was de- lighted to meet some of the staff, particularly some of the many women who had been working there and who were let go so suddenly. They are clearly still very shocked about their treatment, rightly so. It is very important that all of us, on a cross-party basis, should express our concern and outrage at the way in which the staff and concession holders have been treated and the way in which the closure was carried out. In doing so, we should be seeking to put pressure on the consortium that has taken over the store, which is in fact Irish-led, and the actions of which have closed it down. I absolutely support all who do that. I commend the Minister of State, Deputy Gerald Nash, who has been actively engaged on the issue since the announcement was made on Friday. I again express my commiserations to the staff in particular and to all of those who have lost out, because there are clearly plenty of others who are also at a great loss as a result of this sudden closure. It really is obnoxious treatment of people and that needs to be said.

I welcome the opening yesterday of registration for the free GP care scheme for children under six years. I note the gpvisitcard.ie website was inundated with requests from parents seeking to register their children; clearly, therefore, it is going to be hugely popular, rightly so. It is an enormous advance in health care in that it puts the focus on keeping children healthy and preventing illness in children. It is a major step forward towards a universal health care system. 633 Seanad Éireann The Bill we are dealing with today on all Stages represents a further step forward. I welcome the opening of registration yesterday.

On a lighter note, I wish a happy Bloomsday to all, particularly to Senator David Norris, who has done so much work for so long on the Joyce issue. I also congratulate Senator Susan O’Keeffe on her work on Yeats2015 because, just in the last few days, we have seen some very important events in Sligo to mark the opening of Yeats2015.

16/06/2015Q00100Senator David Norris: I join others in expressing my shock and sadness at the closure of Clerys department store. I understand it was the first custom-built department store in the world. I always used it and found the staff to be unfailingly courteous. I suppose there was an old-world air about it, apart from the little cloches of hired-out spaces where Lancôme, Yves Saint Laurent and the rest of them roosted. There was something lovely and significant about the place, and it is a really iconic building at the heart of O’Connell Street, one of the very few fine buildings left on O’Connell Street.

One wonders about these Gordon Brothers gentlemen. The last time Clerys was taken over by a collection of yanks, they fired a lot of old people out of it without paying their proper redundancy. We should use this opportunity to examine the whole way in which redundancy is used by these people, particularly when there are takeovers. I would love to have an ac- countant’s view of the way in which this was handled. First of all, they bought the place for €1 million plus a €13 million debt which was subsequently run down. They then sold a building, which reduced their entire cost to €11 million, and they are reputed to have sold it on for €29 million. That leaves €18 million in their pockets, yet they are kicking off with their long-term employees. It is an absolute disgrace. I call on Gordon Brothers to honour its obligations to its employees. It is not good enough for American companies to use this country as a kind of offshore hedge fund shopping area, where the natives will sing dumb and put up with whatever is done to them.

I did not know about the meeting and I am sorry Sinn Féin misbehaved, if they did so - I can- not comment as I was not there. This is a very busy day for me, but in my heart I am strongly in solidarity with the Clerys workers and very much hope something can be done for them. I received a letter today from a friend of mine whose partner works in Clerys. He came home from a late-night shift delighted with himself because he had made the company €114,000 that day, yet the next day, he found the place was closed and, the day after that, he was let go without so much as an apology. I find it deeply shocking. If this is capitalism, let us have communism.

16/06/2015Q00200Senator : Yesterday was world elder abuse awareness day which was commemorated in a number of ways across the country. There was a public lecture at NUI Galway by the school of nursing and midwifery. The objective of the day was to raise aware- ness of elder abuse and how prevalent it unfortunately is. It is not confined to residential set- tings but can be carried out by a friend, neighbour, family member or stranger. Hidden abuse is often particularly vile. There is an imperative on all of us to protect the elderly from abuse by these predators who often strike at a very vulnerable time for the elderly in society. There is a HSE senior care worker team which will deal with concerns regarding elder abuse. It is impor- tant to get the message out that if people have concerns about somebody in their community, family or network of friends, they should contact their local HSE community care organisation to report the matter.

16/06/2015Q00300Senator Labhrás Ó Murchú: I am sure many Members watched last night’s RTE pro- 634 16 June 2015 gramme on the collusion between the security forces in the North of Ireland and the loyalist death squads. It is quite evident that this collusion was known and sanctioned by the very highest level of the system. Great credit is due to RTE for this programme. It was exception- ally well researched and balanced in giving others the opportunity to express their views. We must remember that there are still outstanding issues. Certainly, the Dublin and Monaghan bombings require attention from the point of view of Seanad Éireann. Each year we watch the commemorations by the relatives of those massacred at that time. We must also remember the particular tragedy that befell these families at that time. The Government has been proactive on this issue. However, last night’s television programme showed quite clearly there was collusion by the British security forces in the killing of citizens. The Leader might once more ask the to ask the British Administration to release the papers in its possession and to carry out a full and proper inquiry. Those who watched Mr. Pat Finucane’s family on last night’s programme would have been impressed with their dignity. One could also see the outrage they felt. They were expecting a public inquiry and every indication was given there would be one. Tony Blair had made the promise that it would happen. It was quite clear from looking at last night’s programme that the only reason the public inquiry did not take place was because there was collusion on the part of the security forces. As a House of Parliament in the Republic, we should make our views strongly known. Will the Leader ask the Taoiseach to once more raise the Dublin-Monaghan bombings, the Pat Finucane murder and the broader issues in question with the Prime Minister in Britain? We all accept there is a good relationship between our two countries, something which we all welcome. However, it is not possible to watch a programme like the one last night and say, “Forget it all.” It is not as simple as that.

16/06/2015R00200Senator Denis Landy: I join Senator Darragh O’Brien in raising the plight of the workers of Clerys, many of whom I met at lunchtime. Several issues were brought up with me which I said I would raise on the floor of the House today. Obviously, we have to deal with the bigger issue, a point articulated by Senator David Norris. The workers asked me to raise two issues. First, Clerys, as of lunchtime today, was still selling gift vouchers online. Legislation govern- ing gift vouchers is being brought forward in this House soon. It would be most appropriate that the cutting off of this type of practice be enshrined in that legislation.

The second issue brought to my attention concerned those who had paid deposits to Clerys. One person, as was outlined in the media in the past 24 hours, had paid a €5,000 deposit on furniture which has gone into the big black hole of the capitalists who have moved in on Clerys. These two issues need to be addressed. The first can be addressed by legislation which will come before us soon. The second must be addressed also, namely, where a company closes down, those who paid deposits must have their money returned immediately.

16/06/2015R00300Senator Sean D. Barrett: I echo the Leader’s sentiments about the sad loss in California of five young Irish people. I also note the President issued a statement from Italy on it and the Minister for Foreign Affairs and Trade has expressed his regrets and is assisting the relatives.

I welcome the Taoiseach’s announcement yesterday that the Minister for Arts, Heritage and the Gaeltacht, Deputy Heather Humphreys, will be meeting the trustees of the Beit collection regarding its financial difficulties with Russborough House and its paintings. Alfred and Clem- entine Beit were honoured by the former President, Mrs. Mary Robinson, as honorary citizens of Ireland on the nomination of the current President, Mr. Michael D. Higgins, when he was Minister for Arts, Culture and the Gaeltacht. They were most generous in their lives with pre- sentations to the people. I hope this matter can be resolved.

635 Seanad Éireann I regret strongly the ultimatum issued by the UK Competition and Markets Authority to Ryanair to sell its shareholding in Aer Lingus down from 30% to 5% and to do so by Thursday. This is an appalling intrusion into the internal affairs of two Irish companies by the United Kingdom. It is unjustified. I have done as much as anybody in this House to promote better relations between the two countries. This, however, is neocolonialism. It is a unilateral UK decision without apparent reference to either the Irish or EU competition authorities. I remind the United Kingdom authorities that Ryanair operates in 31 countries and Aer Lingus in 28. The Competition and Markets Authority should immediately withdraw its ultimatum. It is an affront to this independent jurisdiction that it should seek to impose extra-territoriality. Its decision is based on an entirely false premise that allowing Aer Lingus to be entirely owned by British Airways would not be a threat to competition, whereas Ryanair’s 30% shareholding in the company is a threat to competition. The UK authorities are wrong in both instances. Ryanair has promoted European integration like no other airline ever did. British Airways, on the other hand, was part of a cartel that made it impossible for Europeans to fly around. The bureaucracy in the United Kingdom will be shown to be out of control if this ultimatum is not withdrawn by Thursday.

16/06/2015S00200Senator Pat O’Neill: I wish to be associated with the expressions of sympathy extended by the Leader and previous speakers to the families of the young Irish students who were tragi- cally killed in California this morning. As someone with a son on a J1 visa in California, it was especially shocking to hear the news.

I welcome the letter issued by the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, to the four local authorities in Dublin. The letter should be circulated to all local authorities. Planning will be a major issue if we are to increase the num- ber of homes. We have a housing crisis, with more than 3,500 people on the housing list in County Kilkenny alone. I ask the Leader to arrange a debate on planning and request that the Minister organise a seminar on the issue. While I accept that each county has a development plan, planners may exercise discretion with regard to the types of once-off housing that can be built. A uniform approach to this issue is required and people’s wishes should be taken into ac- count. I would welcome a debate on these issues.

I understand the Minister for the Environment, Community and Local Government has established a boundary commission to examine the possibility of moving part of south County Kilkenny into the Waterford constituency. It should keep its hands off south Kilkenny. I do not believe Henry Shefflin’s sons will ever wear the Waterford colours. Waterford city attempted a land grab in south Kilkenny a few years ago. The boundary commission must consult all interested parties.

I welcome the announcement by the universities of Aberdeen and Harvard that chocolate is good for us. As a chocolate lover, I am delighted to hear that eating it can reduce stress and the incidence of heart disease.

16/06/2015S00300Senator : I presume that only applies to dark chocolate.

16/06/2015S00400Senator Pat O’Neill: No.

16/06/2015S00500An Cathaoirleach: I am delighted to hear that, too.

16/06/2015S00600Senator : I join the Leader and previous speakers in expressing sympathy to the families of the five young students aged between 20 and 22 years who were killed and 636 16 June 2015 the eight students who were injured, some critically, in Berkeley, California. This tragedy has occurred in a country that has very good building standards and the students will have felt safe and secure in the building in question. We all share the sadness of the families of those involved in this terrible tragedy.

I join Senator Labhrás Ó Murchú in complimenting RTE on its excellent documentary, “Collusion”, which was broadcast last night. The programme confirmed the collusion that took place between British Government forces and loyalist paramilitaries in Northern Ireland dur- ing the Troubles. Britain should hold a full public inquiry into the matter. The documentary highlighted many atrocities, including the assassination of Mr. Patrick Finucane in front of his wife and children and the bombings of Dublin and Monaghan on 17 May 1974, which resulted in the murder of 33 people and one full-term unborn child and injured 300 others. The Dublin and Monaghan bombings were the deadliest single attack carried out during the Troubles. The British Government owes it to the Irish people to carry out an inquiry into this matter and make all relevant documentation accessible to the Department of Justice and Equality in order that the issue can be fully examined. The bombings are a cloud that hangs over the relationship between Britain and Ireland. The Ulster Volunteer Force claimed responsibility for the atrocity in 1993. It is now understood, as I have stated in meetings of the Council of Europe, that while Britain stands up against atrocities in other parts of the world, it colluded with forces in North- ern Ireland against the Republic and its standing has been damaged by its lack of accountability on the matter.

4 o’clock

We all owe a debt of gratitude to RTE because it has highlighted the issue in a balanced way. I was appalled by the attitude of former MP Ken Maginnis regarding the fact that there was an apology to the Finucane family, not a public inquiry.

16/06/2015T00200Senator : I add my voice to those expressing sympathy to the families of those who were killed and injured in Berkeley today. It is really bad news that is just winding its way through Ireland.

I also wish to stand with the workers of Clerys. While I was unable to attend their pro- test today, I stand foursquare behind them and my sympathy goes out to all those who found themselves out of a job overnight, or in a matter of minutes, really. As spokesperson on social protection, I will work closely with the Minister to ensure the workers will be able to avoid the hassle and grief of applying for their redundancy, that it is fast-tracked and that their social welfare payments are put in place as quickly as possible.

The Cathaoirleach should forgive me for raising a matter that was raised last week, but I was off with a medical issue. I can tell him it did me no good to hear from the media that funding for Rape Crisis Network Ireland was being withdrawn by Tusla last week. The entire health budget was €13.1 billion, out of which Tusla was given a budget of €609 million. Cumulatively, 16 rape crisis centres and Rape Crisis Network Ireland received €4.2 million of this, which is just 0.7% of the overall health budget. It would be an absolute disgrace were funding to be with- drawn from these centres, which are absolutely invaluable to women in particular, because it is predominantly women who are raped and sexually abused. However, according to the Sexual Abuse and Violence in Ireland, SAVI, report, one in five girls and one in six boys experience sexual abuse as children. For adults, the figures are even worse, as 42% of women experience some form of sexual abuse and 10% are raped, while 28% of men endure some form of sexual 637 Seanad Éireann abuse and 3% are raped. These are frightening figures and it is terrible to have the funding withdrawn.

I come from County Kerry, where the sexually transmitted infections, STI, clinic was closed down and transferred to Cork. If one looks up the telephone number for the STI clinic in County Kerry, it is care of an 021 number, a Cork number, and consequently, people in County Kerry do not even have that. Although the clinic visits regularly, there is a third level institution in County Kerry and there should be a permanent STI clinic. I acknowledge and welcome that the forensics and the experts are in Cork, but when a person has been raped or sexually abused, he or she really needs to speak to someone locally, and the rape crisis centre is obviously a port of call for such people. Consequently, although this may have been sought last week, I reiterate that call for the Minister to come to the House and explain to Members why this funding was withdrawn and the reasoning behind it.

16/06/2015T00300Senator : First, I join Senator Darragh O’Brien and other Members who have expressed sympathy to the families of the young students who died tragically in California.

I also wish to raise an issue that has been raised already, namely, that of the Clerys workers, which must be debated in this House. First, I welcome the support that has been expressed and, to be fair, given to those workers by Ministers and Government Senators. Unfortunately, how- ever, Members have been here before and it is a painful reminder of what happened to the work- ers in Talk Talk in Waterford back in 2011, who also were given extremely short notice and who again were treated shabbily by their former employers at that time. There also have been sit-in protests at Vita Cortex, Waterford Crystal and Lagan Brick, and in many other cases recently. Legislation must be changed to ensure there are much more robust protections for workers, because in the case of Clerys, 130 direct staff will receive only their statutory entitlements. In addition, a further 330 staff who are employed by concession holders face an uncertain future. The former and previous employers have refused to meet the union or the workers themselves. I also attended the protest today to stand in solidarity with the Clerys workers. I spoke to many of them who had been there for 40 years and more and who simply were heartbroken by the manner in which they were treated. While the primary responsibility for this obviously lies with the employer and the disgraceful way in which they were treated, Members’ job is to leg- islate to make sure people are protected. There have been numerous instances where workers have been obliged to engage in sit-in protests. What we need to do is fix the problem, through the introduction of legislation, to ensure employers cannot walk away from their responsibili- ties, which they repeatedly seem to be doing in the State. That is not good enough. We can give all the tea and sympathy in the world to the workers in question and to those who were affected in the past but what they want is protection and it is our job and that of our counterparts in the Dáil to provide for it. I support the call that has been made for the appropriate Minister to come before the House in order that we might engage in a debate on the legislation which must be put in place to solve these problems and to ensure that much more robust protections for workers will be provided.

16/06/2015U00200Senator Catherine Noone: I, too, express my condolences to the families of those young students who were killed or injured in Berkeley in the United States. For them to have been attending such a happy event, the 21st birthday party of one of their contemporaries, and for it to end so tragically is quite shocking.

I also voice my support for the Clerys workers. When I first heard about this matter, I was concerned, shocked and surprised by the fact that the store was closing. However, my feelings 638 16 June 2015 soon turned to disgust when I discovered how the workers are apparently being treated. We often discuss the rights of workers and the responsibilities of employers, but I do not believe I have ever previously seen quite such brazen treatment of staff, although reference was made to the former employees of TalkTalk in this regard. This style of takeover and shutdown of retail companies does not reflect how business has traditionally been carried out in this country and I do not believe it should be welcomed to these shores. The most heartbreaking aspect of this matter relates to the fact that when they commented on it in recent days, the staff seemed to be of the view that the store was doing much better than previously. It was making money but obviously this was not enough to service the huge debts it had built up. This is an extremely difficult issue and I wish the Ministers involved well in their efforts to provide assistance.

I welcome the decision the Government took earlier today to remove 1 cent and 2 cent coins from circulation. As I only made a request last week that this should happen, I am delighted the Government has been so quick to deal with it. On a serious note-----

16/06/2015U00300Senator Darragh O’Brien: If the Senator requests that the cut to payments to lone parents be reversed, perhaps the matter might be dealt with quickly also.

16/06/2015U00400Senator Catherine Noone: I will see what I can do. I obviously have the magic touch sometimes.

16/06/2015U00500An Cathaoirleach: Does the Senator have a question for the Leader?

16/06/2015U00600Senator Catherine Noone: I will get to my question. I just wanted to congratulate Senator who was involved in the original trial in Wexford which has resulted in the with- drawal of 1 cent and 2 cent coins nationwide. As I stated last week, it costs 1.7 cent to produce a 1 cent coin and this is not sustainable. Other countries such as the Netherlands, Sweden, Fin- land, Belgium and Hungary have already introduced the policy of rounding. This policy will be rolled out here in the coming months on a voluntary basis. The coins in question will remain legal tender. I welcome this development.

16/06/2015U00700Senator Feargal Quinn: Our thoughts are with the families whose loved ones died in Berkeley, California. My wife and I have five children, all of whom worked in the United States when they were students. Some of our grandchildren have done so also. The thought of receiving a telephone call to say that one has just lost one’s child is horrific. While we are aware that five people were killed, there is a possibility that even more could die. Our thoughts are with all of those involved. What happened was certainly not expected. However, it has happened and we can only hope something can be done to relieve the sorrow of the families involved.

Our thoughts are also with the former employees of Clerys. This matter is a reminder of how long the store has remained in business. I think it first opened its doors in 1853, while Arnotts opened in 1841 and the Burgess department store in Athlone commenced operations in 1839. Some department stores have lasted quite a long time. We must remember the benefits we, as a society, have enjoyed as a result of competition, but we must also recognise that the only way one can remain in business is by pleasing one’s customers and moving with the times. It appears that Clerys, which went through the hands of various owners, had difficulty in doing both. I hope a solution will be found for the workers involved who find themselves in such a difficult position.

I thank Senator Catherine Noone for her congratulations on the removal from circulation 639 Seanad Éireann of 1 cent and 2 cent coins and for making a call on this matter on the Order of Business last week. Last year I was asked by the Central Bank to travel to Wexford and act as an ambassador for the removal of such coins from circulation. It has taken approximately one year to have all the coins withdrawn, but their removal is going to be of major benefit. I was a little concerned listening to the radio earlier when it was stated the idea was to round up, but that is not the case. If it is 99 cent, one rounds up, but if it is 91 cent, one rounds down. If it is 96 cent, one rounds down; if it is 94 cent, one rounds up. In other words, there will be no cost to the public in get- ting rid of 1 cent and 2 cent coins. It worked well in Wexford and it was accepted by practically everybody there. We should encourage this and we should congratulate Senator Catherine Noone for pushing this.

Age Action Ireland combined with Ulster Bank on a great campaign to highlight the fraud perpetrated within families against older people. A good conference was held in Ulster Bank. The spotlight must be put on those who have deprived their older family members of their money, which they deserved. The action of Age Action Ireland and Ulster Bank deserve con- gratulations.

16/06/2015V00200Senator Michael Mullins: I join colleagues in extending my deepest sympathy to the relatives of the young people who lost their lives and of those who were seriously injured in Berkeley, California this morning. I heard a short while ago that my neighbour’s son was in the building. While he was uninjured, he knew two of the young people who were killed. It is an appalling situation and I applaud the fact that the Department of Foreign Affairs and Trade deployed its consular crisis centre on the ground immediately in Berkeley to assist all the young people. In addition to those who were injured and who have lost their lives, many other young people have been traumatised by what has happened and they will need all the help they can get from the Department.

I share the sorrow for the workers in Clerys and the appalling manner in which the an- nouncement was made last Friday. Everybody throughout the country feels for them. Clerys was an iconic brand through the years and many of us from the country on probably one of our first trips to Dublin as youngsters with our mothers would have visited Clerys. The shop has stood the test of time. It has been there since 1853, as Senator Feargal Quinn said. What has happened is appalling. I support the call for redundancy payments to be fast-tracked for the people concerned. I heard a number of the concession holders being interviewed earlier and they are in an awful position. Their stock is tied up and money is owed to them. We have witnessed a new low in business practice and in the light of this, a thorough review of how busi- ness is conducted in this country, particularly in the retail trade, is needed. If legislation needs to be amended to provide greater protection for workers, then that must be done as a matter of urgency. Issues arise from this Clerys scenario that we, as a Government, cannot ignore. I hope the people who have worked there all their lives and who were about to retire but who now find themselves out of work receive whatever basic entitlements they are due immediately.

16/06/2015V00300Senator Gerard P. Craughwell: I join colleagues regarding the case in Berkeley. On the morning of 9/11 my son was in New York and on his way to the Twin Towers. I pay tribute to the Department of Foreign Affairs and Trade, which worked overtime at the time to put parents’ minds at rest. I recall that we received our telephone call at 7 p.m. to tell us our son was alive and uninjured. When I saw the photographs he brought home from New York, I realised how close he was. We have photographs of him standing looking up at the towers coming down. I am deeply sorry and I am fully aware of the pain and suffering parents are going through today.

640 16 June 2015 I visited Clerys earlier with a number of Members of both Houses. As previous speakers said, the need for the new owners to meet the workers and to sort out redundancy payments, pension entitlements, etc., is urgent.

In particular, I wish to speak about the collusion covered in a programme on RTE last night. It is no secret I served in two armies in my time and last night I watched in horror when I saw what I would call highly trained people on the Protestant side of Northern Ireland march around the place with the UVF and the UDA. When I saw what went on there, I was horrified by it. I know decent, good people on both sides of the religious and political divides in the North. In fairness, the IRA, who are no friends of mine, have taken some hammering over the years for the atrocities they carried out. We need to impress upon the Taoiseach the need now to open up what happened on the loyalist side and the collusion which took place. I am horrified to think people in high positions and political officers of the state of the United Kingdom employed soldiers to assist terrorists carry out their actions in Dublin and Monaghan and in the various killings which took place in Northern Ireland. We all know about the IRA ones. It is time we opened the door on what went on with the security forces in Northern Ireland. I commend the RUC sergeant who came out publicly on the RTE programme and RTE for the great job it did. I would like to see some action on this issue as soon as possible.

16/06/2015W00200Senator Paul Coghlan: I commend the Leader for the most appropriate way in which he commenced the business today given the tragic event in California and the loss of five of our citizens, with so many others injured.

I agree totally with everybody on Clerys. I did not know about the meeting. It is a shocking and appalling situation given the great, loyal service of so many very long-serving members of staff. I agree with everybody that whatever should be done should be fast-tracked for them where necessary. I very much express solidarity with the sentiment expressed by Senator Dar- ragh O’Brien on the bad behaviour, to put it at its least, of some people who tried to bully or intimidate other public representatives showing their assistance and support.

I wholeheartedly agree with Senators Labhrás Ó Murchú and Gerard P. Craughwell. I saw most of the programme last night. There is no doubt that it was a great programme. I accept that the British Prime Minister, Mr. Cameron, has publicly apologised, as was shown, but we have all felt for a long time about the case of Pat Finucane. Through the committee of the British-Irish Parliamentary Assembly in which I am involved, I have pushed for the people concerned to be heard and for a public inquiry to be held. It is now imperative because it is be- yond all doubt. I have no doubt that the Taoiseach will raise the issue when he meets the Prime Minister in a few days time.

16/06/2015W00300Senator Marie-Louise O’Donnell: Nothing could have prepared parents for what they might have heard today about the death of their young sons and daughters in the United States. It is an absolute tragedy and I send my sympathy and condolences to any family suffering this loss.

The Beit collection, Russborough House and all in it were left to the State in 1976 by Alfred and Lady Beit. Could somebody, please, tell me, therefore, what it is doing leaving the State without our permission, without an export, or any, licence, and possibly without the knowledge of the Minister for Arts, Heritage and the Gaeltacht? I know her to be a person interested in preservation. Those who know anything about preservation in Monaghan and her background know she has an excellent record in preservation. How much did she know about it? I would 641 Seanad Éireann like to know what she knew about it. Who gave permission for this to happen?

16/06/2015W00400Senator Paul Coghlan: She was not consulted.

16/06/2015W00500Senator Marie-Louise O’Donnell: Yes, that is what I am saying. That is why I am asking the question. If she was not consulted, why not? How dare anybody take our paintings and put them on a boat or an aeroplane and send them to Christies. I do not accept it at all. What licence did they have to do so, export or otherwise? What moral, ethical or State licence did they have to do so? I would like an answer to this question, please.

Outrageous, appalling, desperate and awful really do not cut it with regard to the closure of Clerys. What are we going to do about it?

16/06/2015W00600Senator : Exactly.

16/06/2015X00100Senator Marie-Louise O’Donnell: What can the Seanad do to save these jobs and pen- sions and the franchises within it that will also lose money, wares and so on? Will the Leader invite the relevant Minister to the House? I could ask him or her what we can do about this and whether we can challenge it in the commercial court in terms of there being one law for one group of people and a lesser law for the traders and people who work there. What can we as a Seanad do outside of the language of “it is appalling”, “it is outrageous” and “I attended the protest”? That language is not enough.

16/06/2015X00200Senator Mary Moran: I add my voice to those expressing sympathy to the Clerys workers for the unbelievably despicable way that they have lost their positions and to the families of the young people who tragically lost their lives today in California.

I wish to raise the issue of the Health Information and Quality Authority, HIQA, reports released last week. In the programme on Áras Attracta, some of the disturbing happenings were visible. Last week, three HIQA reports featured on the news. They were damning. I will refer to the one relating to St. Mary’s in Drumcar in my county of Louth, which was found to be significantly non-compliant in nine out of the ten areas in respect of which it was inspected. St. Mary’s is a congregated setting. I have raised the problems there numerous times down the years. It is disturbing that management was singled out in the report. St. Mary’s was inspected last May, inspected again, given a warning letter in October, inspected in February and inspect- ed again in April. From reading the report, the lack of work that was done is heartbreaking. There is no point in bolting the gate after the horse is gone. Some of what has happened is due to staff shortages. It is for us to ensure adequate funding is provided in order that the people living in such facilities have what they deserve. It is nothing less than a matter of human rights. We have all seen the reports. I agree that moving people out of congregated settings should be our aim. That is supposed to be done by 2019, but at the rate we are going, it will take much longer. Will the Leader arrange for a debate on some of these reports and reiterate the work being done by nurses and care staff? It is not their fault. They are doing the best that they can with what they have. We need to do something.

If I may-----

16/06/2015X00300An Cathaoirleach: The Senator has run out of time.

16/06/2015X00400Senator Mary Moran: I will be brief. I propose an amendment to the Order of Business to introduce the Education (Welfare) (Amendment) Bill 2015.

642 16 June 2015

16/06/2015X00500Senator Paul Bradford: I join in the messages of sympathy from the House to the families of the young persons who were killed or injured in California. It is a profound tragedy.

I support the sentiments expressed by colleagues across the board regarding the “Collusion” programme shown last night on RTE. While it was shocking, it was not surprising. We all know that, tragically, this type of illegal activity happened in Northern Ireland during the years of conflict. The term “dirty war” in the programme’s introduction was a misnomer, as I do not know what a clean war is. Every terrorist, paramilitary and illegal act in Northern Ireland for 30 or 40 years, be it the awful killing of Mr. Pat Finucane, the murder of Senator Gordon Wil- son’s daughter or the bombings in Monaghan and Dublin or on Bloody Sunday, was a dirty and horrible incident. We need to move forward and welcome the progress that has been made in bringing peace to Northern Ireland. It is not a perfect peace, but it is much better than was en- visaged 25 or 30 years ago. I have asked previously for a truth and reconciliation commission. While one cannot rewrite the past, it would allow us to focus properly and in a balanced fashion on the history of the conflict. We could examine and move forward from the atrocities carried out on both sides. I met the Finucane family in the Houses many years ago and theirs is a very sad and tragic tale. Even more tragic is the fact that there are countless such tales of woe and misery across the province of Northern Ireland. We must never forget this.

I note that tribute was rightly paid earlier to Senator Susan O’Keeffe for her role in the Yeats programme of commemoration. We should also recognise the positive role played by Senator Fidelma Healy Eames. There was a fine event in Galway at the weekend in which she played a very constructive and leading role.

16/06/2015Y00200Senator Colm Burke: I join colleagues in conveying condolences to the families who have lost a son or a daughter. I also express my condolences to those who have suffered serious in- jury and to their parents and families. I thank the Department of Foreign Affairs and Trade for being so proactive in helping the families. It is extremely important that families receive every possible support at this time.

I join Senator Ivana Bacik in thanking the GPs who have signed up to the contract for free GP care for children under six. It is a very important first step in a programme to introduce free GP care. The next step will be free care for those aged six to 12 years, and after that for those aged 12 to 18. It is important in welcoming the decision of so many GPs to sign on to under- stand that we need to give them further support. In recent years they have suffered substantial cutbacks in support from the health service. It is one of the important areas in which we need to help and encourage people. In particular, we must help to keep people out of accident and emergency departments. The only way to do that is to help develop the services GPs can offer in their surgeries. That can only happen where the necessary support is provided by the HSE and the Department of Health. This is only a first step in the right direction. I thank the Irish Medical Organisation for coming on board to make that agreement and to ensure more than 60% of GPs have now signed up. While there are a number of outstanding issues in some ar- eas, particularly in rural areas, we can I hope get over them in the next few weeks. I thank the GPs for coming on board. It is an important service that we are providing, especially to young families and it requires the full support of all of us here.

16/06/2015Y00300Senator Fidelma Healy Eames: I listened to the testimonies of Clerys workers and fran- chise holders this morning as I came to Dublin. The question that struck me was how the Minister was helping Clerys workers and those affected by the announcement of the sudden closure. Is the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, providing 643 Seanad Éireann leadership on this issue? Two types of help are needed. The first is immediate help and moral support. It is only by listening that one figures out what one can do. It is very easy to say one cannot do anything and that the law takes over. However, the second issue is that we need a wider debate on this matter, as we need to determine what protections are needed not just for people’s jobs but for franchise holders also. A great deal of money is held in trust that was due to be paid yesterday. Because of the announcement on Friday, the money was not paid into the relevant bank accounts. Time is of the essence and I hope the Government is standing in solidarity on this issue. I would like to know if it is.

My sympathy goes to the families of the young people whose lives were lost today. This is a terrible tragedy. No parent wants to receive that announcement. I happen to have a son who is around the same age as those involved. He is attending many 21st birthday parties. When one is talking about a situation of great fun, for it to be matched by a tragedy on this scale is awful. I commend the Minister for Foreign Affairs and Trade and the Department for the strong early intervention, which is wise.

I want to flag a question I have for the Minister for Education and Skills because the ex- aminations come to a closure this week. My daughter, and many others, finished their junior certificate examination today, but I do not know if many Members are aware of the number of independent supervisors and rooms being made available to students. We believe they are for those with learning difficulties, but they are now being made available to students suffering from examination related stress. I was with three other mothers last week and among the four of us we had six teenagers sitting examinations.

16/06/2015Z00200An Cathaoirleach: The Senator is over time.

16/06/2015Z00300Senator Fidelma Healy Eames: Five of those teenagers had independent supervisors and rooms and in three of these cases it was for stress. I checked the figures with the Department of Education and Science and there has been a 20% increase in independent rooms and supervi- sors in the past two years. That is a huge increase. The Minister needs to do an analysis on that to determine for what those rooms are being used. If it is for stress related illness, we have to consider the timing and the pressure of this examination and the question of leaving certificate examination reform.

16/06/2015Z00400Senator Terry Brennan: I would like to be associated with the condolences expressed on the tragedy in California involving so many young Irish people. I have family living in that part of the world. I sympathise with those young people and their families and commend the Department of Foreign Affairs and Trade and the consulate for taking immediate action.

The workers at Clerys need more than sympathy. As Senator Marie-Louise O’Donnell said, we should be asking what we can do to ensure this does not happen, either by way of revised legislation or whatever.

I did not see the “Collusion” programme last night, but a famous man I knew extremely well, who had seven young children, the eldest of whom was 13 years of age, was taken from his cow byre and shot in south Armagh. Nobody was brought to justice. The relatives did not know we would be discussing this today. I had the occasion to meet a very fine lady in the United States. When she introduced herself to me I said, “Not the Finucane,” and she said “Yes”. Pat Finucane’s wife introduced herself to me and I had a long discussion with her. He was killed in front of her and her children and she is not happy that the case has not been fully

644 16 June 2015 investigated. I call on the Leader to bring it to the attention of the Taoiseach who might raise it again with the British Prime Minister as soon as possible.

16/06/2015Z00500Senator James Heffernan: I join other Members in offering my sincerest condolences to the families of the victims of the terrible tragedy that occurred in Berkeley, California, in the early hours of this morning. It is every parent’s nightmare and it has shaken all of us.

I refer to the “Collusion” programme broadcast last night which other Members also men- tioned. This was state-sponsored murder by loyalist death squads of Irish citizens north of the Border. It is no different from what happened in the worst despotic regimes throughout the world, whether that of Pinochet, in North Korea or elsewhere. This was reprehensible. Loyalist paramilitary forces were used as a type of auxiliary force to the British army. This happened on our shores and is nothing new. Last night’s disclosure was nothing new. I remember as a student in the University of Limerick around 1999 reading Sean McPhilemy’s book The Com- mittee, which was very stark. Anne Cadwallader has written extensively on this issue also.

I was often reluctant about having a truth and reconciliation commission in that some people might spill their guts and probably get away with it. The practice of collusion was known at the highest levels of the British Government. It has now come around to giving a mealy-mouthed apology, but only after denial and cover-up have failed. An apology is not much good for the victims and families who have been left with unresolved questions. It is high time the Irish Government got to grips with the reality of collusion and demanded that the British Govern- ment fully disclose any files related to the practice. If we have full disclosure, perhaps we will have some form of justice for the victims.

16/06/2015AA00200Senator Martin Conway: I, too, express my sympathy to the families of the young people who lost their lives in California. I also commend the great work done by the Irish consular service. I have had occasion to be in contact with the service in the past few years and have never found it wanting. I have no doubt the service will not be found wanting at this difficult time either.

I ask the Leader to arrange a debate in due course on the sale of funds to what are known as international vulture capitalists. I want to know what guarantees have been enshrined in leg- islation to protect workers who happen to work in a business that becomes part of such a port- folio. I refer to portfolios that have been purchased at a knockdown price at a time when this country, its society and its businesses are in distress. What do such capitalists do? They take businesses apart and sell them at an enormous profit. I am not quite sure about the background to the situation at Clerys, but I assume that something along these lines has happened.

When Irish companies, particularly ones that have been controlled and funded by the State - I am thinking of NAMA and IBRC - sell portfolios of investments that include such things as retail shopping centres, when the lives of citizens of this country are on the line, a protocol on how people are to be treated should be written into the sale agreement when the vultures decide to cash in and make enormous profits. I seek a debate on the issue with the Minister for Finance. I also want to know what type of framework or protocol can be put in place to ensure this type of thing does not happen again. What has happened to Clerys is appalling, but it is our responsibility to make sure it does not happen again.

16/06/2015AA00300An Cathaoirleach: I would like to be associated with the expressions of sympathy and con- dolences extended to the families of the young people who tragically lost their lives in America.

645 Seanad Éireann

16/06/2015AA00400Senator Maurice Cummins: Many Members have expressed their deep sympathy on the deaths of the Irish students in California. It must be every parent’s worst nightmare to hear that his or her child has been involved in such an horrific accident. Many still do not know whether their loved ones have survived because it is 8 a.m. in California and people are only waking up. I am glad that the Department of Foreign Affairs and Trade has acted by putting a consular crisis team in place to operate on the ground. Obviously, many young people of ours will be distraught when they hear what has happened to their friends and colleagues while they were sleeping. We, rightfully, send our deepest sympathy to everyone who has been affected by this dreadful accident.

Senator Darragh O’Brien, among many Members, mentioned the workers of Clerys. He also referred to the meeting that took place today and said some people had tried to hijack pro- ceedings to capitalise on the misfortune of others. That is highly regrettable because most, if not all, parties will be doing everything possible to assist the workers. There is no doubt that the treatment of the workers in Clerys, a Dublin institution, as mentioned, has been appalling. The Department of Social Protection has assembled a team to meet and advise the workers on their entitlements to jobseekers’ benefits, secondary payments such as rent supplement and future options in seeking alternative employment, training and education. Moreover, I under- stand arrangements have been made with SIPTU to use Liberty Hall as a venue to meet workers tomorrow. It is intended that this meeting will be an opportunity to provide information for all workers, including those employed by concession holders. The precise format of the meeting has yet to be finalised, as workers may be involved in other meetings in Liberty Hall, but it is likely to involve the Department’s team being made available to individuals or small groups on the day, rather than making a large presentation to all workers. This will better facilitate the delivery of specific information and claim-taking, as required. The Department will also advise, as appropriate, on the day on queries arising about redundancy and insolvency for the affected workers.

In addition, the representative of the liquidator has verbally advised the Department of So- cial Protection that all staff have been made redundant and that P45 forms will issue this week. It is possible that one or two staff members in the payroll area may be retained to assist in the liquidation. I also understand the liquidator will seek, on behalf of workers, payment under the insolvency payment scheme, IPS, in respect of unpaid wages, accrued but untaken leave and in lieu of statutory notice entitlements. It is intended that individual meetings will be held between the liquidator and the workers affected to determine on an individual basis the extent of the liabilities involved. The Department will deal promptly with individual applications submitted under the IPS by the liquidator. It will also ensure jobseeker’s benefit claims will not be delayed pending the liquidator resolving individual issues about any leave accrued but un- taken. This means that jobseeker’s benefit claims can be dealt with quickly, subject to the usual criteria, and reconciled, as required, at a future date. The Department is informing its network of local offices in the greater Dublin area of these developments to ensure claims from affected workers are processed in a speedy and sensitive manner.

I agree with the comments of many Members that if legislation is necessary to give greater protection to workers in these instances, it must be introduced. I refer to people who, like me, have been made redundant and how one only realises the shock experienced at that time when one leasts expects it. I am glad that the Department of Social Protection is doing everything possible to assist staff in claiming their entitlements.

16/06/2015BB00200Senator Terry Leyden: It will not happen to the Leader again. He will not be made re- 646 16 June 2015 dundant here.

16/06/2015BB00300Senator Maurice Cummins: I assure Members that I will certainly bring the matter to the attention of the relevant Ministers to ensure legislation, if necessary, is put in place and ascer- tain whether such matters can be rectified for the future.

Senator Ivana Bacik also referred to the concession holders at Clerys. That certainly is an- other important matter because moneys were held in trust by Clerys for the concession holders and obviously there was a contract between them in that regard. While I am sure that matter will be played out between the legal advisers and the liquidator, it must also be addressed.

Senator Ivana Bacik, among other Senators, welcomed the introduction of free GP care for the under-sixes. It is welcome that so many GPs have signed up to the scheme. I hope that by the end of the year all GPs will have signed up to it.

Senator David Norris also raised the issue of Clerys, stating correctly that it was an iconic building in the heart of the city and calling for Gordon Brothers to honour its moral, if not legal, commitments in that regard.

Senators Hildegarde Naughton and Feargal Quinn mentioned the fact that yesterday was world elder abuse awareness day. It is imperative that we all do everything possible at all times to protect the elderly. I note the point Senator Feargal Quinn made in commending Age Action and Ulster Bank for their efforts also.

Senators Labhrás Ó Murchú, Terry Leyden, Paul Coghlan and James Heffernan, among oth- ers, referred to the RTE programme, “Collusion”. While it was an excellent programme, it was a replay of the Barron report. I sat on the sub-committee for one or two modules, especially the one on the Glenanne gang. We heard testimony from the Reaveys, the survivor of the Miami Showband massacre and many others. It was heart-wrenching listening to the witnesses and the testimony given in the submissions at the time. Nothing in the programme was new to me because it was all part of that module and outlined in the Barron report. This and the previous Government made many representations to the British Government to have the papers involved released and we call on it again today to do so. This House also calls on it to release the papers. In my mind I have no doubt about the collusion involved at the time between loyalist paramili- taries and members of the British services. Likewise, in the murder of Mr. Pat Finucane, while an apology has been made, the Government will continue to press for a public inquiry into his death. I commend RTE for the programme, but, as I said, the vast majority, if not all, of the testimony was contained in the Barron report.

Senator Denis Landy also raised the issue of Clerys and the fact that it was still selling gift vouchers. It is despicable that this issue has not been addressed. It was quick in closing the doors and letting staff go, but it is dreadful that this loophole, whereby gift vouchers are still being sold, was not closed immediately.

Senator Sean D. Barrett referred ti the trustees of the Beit collection. I can say specifically that the foundation did not consult the Minister for Arts, Heritage and Gaeltacht, Deputy Heath- er Humphreys, in advance of taking the decision. The Minister was informed after the decision had been taken and the export licence had been granted by the National Gallery of Ireland. It is a devolved function. The sale of the paintings was, therefore, presented to the Minister as a fait accompli. The Minister has expressed her concern about art of such high quality leaving the country. She will meet the chairperson of the Alfred Beit Foundation this evening to discuss 647 Seanad Éireann the matter. I hope that, as a result, we will have more answers about the proposed sale of these wonderful paintings.

Senator Pat O’Neill mentioned planning issues and the need for uniformity in all local au- thorities. A planning Bill will be brought before the House before the end of the session when I hope these matters will be addressed. I agree that there is a need for greater information for all local authorities in this regard. The Boundary Commission is an independent body. I do not think Waterford will be looking for any hurler from Kilkenny, as I think we have good hurlers in the county.

Senator Marie Moloney referred to the Rape Crisis Network and emphasised that its fund- ing should be protected. There is no doubt that the network does excellent work. I agree that if cuts have been made, the network should be looked at again and have its funding protected.

Senator David Cullinane mentioned the Clerys workers. I have addressed that issue. Suf- fice it to say legislation to address the issue certainly needs to be put in place. The issue was also raised by Senator Catherine Noone who also mentioned the removal of one and two cent coins, a matter raised some time ago by Senator Feargal Quinn. I think it would b e welcomed. Senator Feargal Quinn made a very important point in terms of rounding up and rounding down and said that overall there would be no loss to the consumer.

Senator Michael Mullins paid tribute to the consular crisis centre in Berkeley. Senator Ge- rard P. Craughwell and others paid tribute to the Department of Foreign Affairs and Trade for its efforts to date. Senator Michael Mullins also referred to the fact that we had hit a new low in the business practices followed in Clerys.

Senator Marie-Louise O’Donnell referred to the Beit collection. I agree with her comments. I have addressed the matter and hope to receive a reply from the Minister for Arts, Heritage and the Gaeltacht after the deliberations with the chairman of the Alfred Beit Foundation.

Senator Mary Moran referred to the HIQA reports, particularly on St. Mary’s in Drumcar. It is excellent that HIQA is highlighting bad practices, practices that were swept under the carpet year after and year. Even though it is dreadful news, it is refreshing that such bad practices are being highlighted by HIQA. The Senator also asked about the Education (Welfare) (Amend- ment) Bill 2015. I did not receive any notice about taking it and do not think the Senator’s proposed amendment has been seconded. Perhaps she might raise the matter again tomorrow when I will have no objection to the Bill being taken.

Senator Paul Bradford said all illegal and terrorist activities in Northern Ireland should be condemned. I agree with the Senator. He complimented Senators Susan O’Keeffe and Fidelma Healy Eames on their efforts in respect of Yeats2015 and the work they were doing in their communities in that regard.

Senator Colm Burke welcomed the fact that a number of GPs had signed up to the free GP care scheme for children aged under six years and highlighted the need to resource GPs prop- erly.

Senator Fidelma Healy Eames also raised the case of the Clerys workers. I think I have assured the Senator that the Minister of State at the Department of Jobs, Enterprise and Inno- vation, Deputy Gerald Nash, and the Minister of State at the Department of Social Protection, Deputy Kevin Humphreys, and their senior Ministers are actively involved in assisting the 648 16 June 2015 workers.

I will certainly bring the stress-related issues mentioned to the attention of the Minister for Education and Skills.

Senator Terry Brennan also spoke about a number of the items discussed, particularly the case of Mr. Pat Finucane. It is the Government’s policy to continue to press the British Govern- ment for a full public inquiry into the matter. Senator James Heffernan spoke about the need for full disclosure on loyalist death squads. We all agree with him in that regard.

Senator Martin Conway also discussed issues relating to Clerys and the sale of assets to venture capitalists.

16/06/2015EE00200An Cathaoirleach: Senator Mary Moran has posposed an amendment to the Order of Busi- ness: “That No. 13 be taken before No. 1.” As it has not been seconded, the amendment lapses.

Order of Business agreed to.

16/06/2015EE00400Health (General Practitioner Service) Bill 2015: Committee and Remaining Stages

16/06/2015EE00500An Cathaoirleach: I welcome the Minister of State, Deputy Kathleen Lynch.

16/06/2015EE00600Sections 1 to 4, inclusive, agreed to.

16/06/2015EE00800 Title agreed to.

16/06/2015EE00900 Bill reported without amendment, received for final consideration and passed.

16/06/2015EE01500 The Seanad adjourned at 5 p.m. until 10.30 a.m. on Wednesday, 17 June 2015.

649