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Vol. 188 Tuesday, No. 1 11 December 2007 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 11 December 2007. Business of Seanad ………………………………1 Order of Business …………………………………2 Fisheries Orders: Motions………………………………18 Defamation Bill 2006: Committee Stage (resumed)……………………19 Business of Seanad ………………………………56 Defamation Bill 2006: Committee Stage (resumed)……………………57 Adjournment Matter Harbours and Piers ………………………………60 1 2 SEANAD E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 188 Volume 188 De´ Ma´irt, 11 Nollaig 2007. Tuesday, 11 December 2007. ———— Chuaigh an Cathaoirleach i gceannas ar 2.30 p.m. ———— Paidir. Prayer. ———— Business of Seanad. clusion of business. I regret I have had to rule out of order the matter raised by Senator Keaveney An Cathaoirleach: I have received notice from as the Minister has no official responsibly in the Senator Brian O´ Domhnaill that he proposes to matter. It is a matter for the Road Safety Auth- raise the following matter on the Adjournment: ority. I also regret I have had to rule out of order The need for the Minister for Community, the matter raised by Senator McFadden as the Rural and Gaeltacht Affairs to allocate funding Minister has no official responsibility in the to the Inishboffin (Dhun na nGall) pier refur- matter. It is a matter for Iarnro´ dE´ ireann. bishment project and the Tory Island sea wall Before I call on the Leader, I would like to project. welcome to the distinguished members’ gallery former Members of this House, namely, Mary I have also received notice from Senator Cecilia Henry, Michael Brennan, Liam Fitzgerald, Keaveney of the following matter: Kathleen O’Meara, Sheila Terry, Tom Fitzgerald The need for the Minister for Finance to and Brian Mullooly, who is a former Cathaoir- clarify the status of the acquisition of a site in leach. I wish them a happy Christmas and a pros- Inishowen for a national car testing centre as perous new year. was recommended in the mid-term review but which seems to have stalled mid-process. Order of Business. I have also received notice from Senator Nicky Senator Donie Cassidy: Cathaoirleach, I would McFadden of the following matter: like to be associated with your kind expressions The need for the Minister for Transport to of welcome to the magnificent seven here today, ensure Killucan railway station be re-opened who served our country with great distinction. Senator Tom Fitzgerald was Government Whip and park and ride facilities be made available in this House when I was Leader. to the commuters on the Sligo-Dublin line. The Order of Business is No. 9, motion re I regard the matter raised by Senator O Regional Fisheries Boards (Postponement of Domhnaill as suitable for discussion on the Elections) Order 2007; No. 10, motion re Fisher- Adjournment and it will be taken at the con- ies (Miscellaneous Commercial Licences) 3 Order of 11 December 2007. Business 4 [Senator Donie Cassidy.] should exist between an independent human (Alteration of Duties) Order 2007, back from rights commission and the Government. This is a committee, to be taken without debate at the con- serious matter. The Seanad is aware of this kind clusion of the Order of Business; No. 1, Defa- of thing as the commission we were on the way mation Bill 2007, Committee Stage, to resume at to establishing was dismantled because the the conclusion of Nos. 9 and 10 and to adjourn Government was afraid of what might emerge. I not later than 6 p.m., if not previously concluded. ask for a full debate on this important issue next week. Senator Maurice Cummins: I join with others The IHRC has called for an effective inspec- in welcoming former colleagues to the House. tion regime for the aeroplanes at Shannon, Last night’s “Prime Time Investigates” prog- advance information on the nature of the flight ramme highlighted the amount of drug use and and details of personnel held on board well in its availability throughout the country. The dan- advance of any aircraft landing. I quote IHRC gers to people’s health were highlighted. The commissioner Ms Suzanne Egan: violence on the streets was frightening and this part of Celtic tiger Ireland is not something to In the context of three pan-European inves- be proud of. It presents many challenges for the tigations into the issue of extraordinary ren- Government and for society. Those taking dition flights through the territory of European cocaine for so-called recreational purposes must states the IHRC has conducted a comprehen- get the message that they are involved in a very sive review and concludes that in its approach dangerous and criminal activity. It is killing to extraordinary rendition the Irish State is not people and lining the pockets of dangerous crimi- fully complying with its human rights obli- nals. If they know that a party is going on where gations. The State’s reliance on diplomatic drugs are freely available, citizens have an obli- assurance is not enough to satisfy these gation and a responsibility to report it to the obligations. Garda. They cannot turn a blind eye and leave it Many in this House have been saying this and somebody else. have given clear evidence collected by ordinary The Garda Sı´ocha´na and customs officials must citizens such as Mr. Tim Hourigan at Shannon be given the necessary resources to tackle this Airport detailing the flight pattern of these aero- problem. There is just one scanning machine to planes. Without question Ireland has been cover all of our ports, which is unacceptable in involved in rendition. We must open up about it this day and age. We on this side of the House and take this report on board in the light of a are willing to support any legislative proposal by the Government that may assist, but greater number of reports from Europe. The European urgency is required to tackle this problem which Parliament report in February 2007 included a is ravaging the country. I call on the Minister to resolution deploring Ireland’s involvement. The outline to this House his proposals to tackle this Marty report by the Parliamentary Assembly of problem. the Council of Europe said simple assurances Last week a report on emergency services for from heads of state have no legal force. I call for the homeless disclosed that many of the hostels a detailed, open and honest debate on this, which that house homeless people leave much to be was stifled by the previous Government. desired and do not comply with fire safety regu- I agree with Senator Cummins about last lations. It also stated that a significant proportion night’s horrifying “Prime Time Investigates” of residents have mobility problems and poor programme. This situation can be approached physical health and that standards set out in the only on a global basis. I also agree with him on fire regulations for hostels need to be addressed. the homeless. The Seanad should examine the Governments and societies are judged on how report issued by the Simon Community today, they treat the weakest. We have some way to go which indicated that 55 homeless people who had before proper accommodation, assessment and contact with their agency died on the streets in appropriate support is provided for our homeless. 2006. Their average age was 42 years. This is a I ask that a debate on this issue be taken as a reproach to us. matter of urgency in the near future. Can the Leader confirm today’s reports that an officer of the immigration services charged with Senator David Norris: This lunch time the examining people as to their categorisation as report on rendition by the Irish Human Rights asylum seekers, refugees or otherwise was the Commission was published. Some of us heard on subject of an action in the courts on the grounds the radio news the comments of a senior person that he had never allowed a case? The individual there which make it clear that the country has not who took this case won it and the judge decreed met its human rights obligations. More that this man’s case should be transferred to importantly, that person made detailed reference another examiner. If this is true, will the Leader to exchanges between the Department of Foreign communicate urgently with the Minister for Affairs and the IHRC in which it was clear that Justice, Equality and Law Reform to the effect the Government and its agents were attempting that if that man is unfit on those grounds to try to lean on the IHRC and interfere in a way that that case, he is unfit to try any case, and should transgresses the boundary of separation that be dismissed at once? 5 Order of 11 December 2007. Business 6 Senator Dominic Hannigan: I second the call ferry and a freight or car ferry. The matter is by Senator Norris for a debate on rendition. It is extremely urgent, and perhaps the Leader could important that we have such a debate next week, make contact with the Minister today. I am disap- if possible. pointed, given my own channels of investigation, I also want to raise the issue of the impact of about what can be done at this stage, and time is lifestyles on health, and ask for a debate on this running out. matter. The release of more studies yesterday by I want to add my voice and support to the the Department of Education and Science make matter raised by the Leader of the Opposition, for depressing reading.