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Vol. 175 Thursday, No. 10 12 February 2004 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 12 February 2004. Business of Seanad ………………………………721 Order of Business …………………………………722 European Parliament Elections (Amendment) Bill 2003: Second Stage ……………733 Adjournment Matters: School Accommodation ……………………………765 Teacher Training Colleges ……………………………767 Road Network ………………………………769 721 722 SEANAD E´ IREANN vanced architectural planning stage and when it will go to tender. ———— I regret that I have had to rule out of order the matter raised by Senator O’Toole as the Minister De´ardaoin, 12 Feabhra 2004. has no official responsibility in the matter. I Thursday, 12 February 2004. regard the matters raised by the remaining Senators as suitable for discussion on the ———— Adjournment. I have selected Senators Tuffy, Browne and Paddy Burke’s matters and they will Chuaigh an Cathaoirleach i gceannas ar be taken at the conclusion of business. Senator 10:30 a.m. McHugh may give notice on another day of the matter he wishes to raise. ———— Paidir. Order of Business. Prayer. Ms O’Rourke: The Order of Business is No. 1, the European Parliament Elections ———— (Amendment) Bill 2003 — Second Stage, to be taken at the conclusion of the Order of Business Business of Seanad. and to conclude not later than 1.30 p.m., with the contributions of spokespersons not to exceed 15 An Cathaoirleach: I have received notice from minutes, those of other Senators not to exceed Senator Tuffy that, on the motion for the ten minutes, Members may share time and the Adjournment of the House today, she proposes Minister to be called upon to reply not later than to raise the following matter: ten minutes before the conclusion of Second The need for the Minister for Education and Stage. Science to give the up to date position on the urgent need for additional school accommo- Mr. B. Hayes: Will the Leader bring some dation at primary and second level for the clarity to the issue of electronic voting? While we growing population of Lucan, County Dublin. had a good debate on the issue yesterday, unfortunately, the Minister of State did not have I have also received notice from Senator Browne enough time to answer all the detailed questions of the following matter: put to him. On the fundamental question of The need for the Minister for Education and whether primary legislation is required to Science to state why the number of places for introduce this system for the elections on 11 June, students wishing to do the postgraduate co- the Minister of State believed that the Minister had power under section 48 of the 2001 legislation urses for primary teaching in the various col- to make an order to introduce electronic voting. leges of education have been cut; and to urge Given the recent High Court judgments on the him to reverse the decision immediately. Carrickmines case and the Immigration Act, I have also received notice from Senator Paddy primary legislation is now required because the Burke of the following matter: courts have ruled that all power is vested in the Oireachtas and not in a Minister who can The need for the Minister for the arbitrarily make orders or statutory instruments Environment, Heritage and Local Government based on primary legislation. to explain the up to date position for funding This fundamental point must be resolved and the timeframe for the N5, Castlebar to quickly by the Government to assure voters in Westport. the European and local elections. The courts have I have also received notice from Senator O’Toole now placed a serious question mark over the of the following matter: constitutionality of amending primary legislation by secondary legislation. This issue must be The need for the Minister for resolved quickly because it not only affects this Communications, Marine and Natural legislation, but many other Acts. In the Da´il last Resources to establish an Irish short wave week, the Ta´naiste stated that it was her view that radio service so that the growing number of primary legislation was required for this Bill. Irish emigrants can keep more in contact with However, the Minister of State, who has Irish news no matter in what part of the world responsibility for this area, said yesterday it was they live. not necessary and that it could be done by I have also received notice from Senator McHugh ministerial order. The Government must sing off of the following matter: the same hymn sheet on this issue to bring about a positive decision on it. The need for the Minister for Education and I ask the leader for a debate on sentencing Science to indicate when the refurbishment policy. Recently on the national airwaves, I heard project to Ballyraine national school, Let- of the horrendous case of a father who received terkenny, County Donegal, will progress to ad- 19 sentences of 12 years each for domestic 723 Order of 12 February 2004. Business 724 [Mr. B. Hayes.] appear to be required to provide those figures to violence and abuse against his family. However, the Department in order to give a national roll after perpetrating these most appalling crimes of the number of housing starts, completions and against his wife and children, the person will be those under way. out of prison after only eight years because the sentences were received on a concurrent basis. Mr. Ryan: Yesterday, 44 people were killed in Senator O’Toole has raised the need for a debate horrible circumstances in Baghdad, and on sentencing policy in the past. The debate subsequently two American soldiers were killed, should not just be on the length of time people equally horribly, and the world is outraged. spend in prison, but also on the issue of Yesterday too, 14 people were killed by the concurrent sentencing. This House is the perfect Israeli defence forces in Gaza. It would be a very venue for such a debate. useful exercise for this House to talk about how the world views the Middle East because quite Mr. O’Toole: Last week, Senator Ross raised clearly a Palestinian life is now worth far less in with the Leader of the House the lack of a the world’s view than an Israeli life and the killing response from the Department of Justice, of a Palestinian is far less significant than the Equality and Law Reform on our motion, tabled killing of an Iraqi in Baghdad. There have been on 28 May 2003, on the auctioneering profession. high level contacts between our Government and The motion was passed by the House and the Palestinian Authority and we have tried, included commitments from the Department of quite properly, to be balanced about this but the Justice, Equality and Law Reform. I also raised stage is arriving now when we must say in the the lack of a response three weeks ago and the name of morality that what is being done to the week before Christmas. I know the Department Palestinian people is an offence against humanity, treats this House with absolute contempt. and is appallingly wrong. There is no proportion However, even the Department cannot ignore a between the grievances of Israel and the response motion passed by the House. being meted out to the Palestinian people. The A member of the Leader’s party in the other plans being hinted at for an apartheid regime in House recently raised with me the case of a which many Israeli Arabs will be moved into a constituent’s son and partner who made a bid on new State in order to preserve the racial purity a house in County Dublin. Having agreed on the of the Israeli State is a dangerous action for any price, when they returned to pay, they discovered country, particularly Israel. We need to discuss all it had been increased by \10,000 and there is these matters at some length because our nothing they can do about it. A Member on the Government is being criticised and is under other side of the House told me the story of a pressure and we should support it. Furthermore, family property that was sold at what was issues of fundamental morality are being waived. believed to be a low price, only to find out a year later that the auctioneer’s brother had a I would also like us to debate the way in which beneficial interest in it. I do not want to open the the Revenue Commissioners do their business. debate again. However, the two main They appear to ignore the law of the land and do auctioneering groups are very keen on and not prosecute people. We write legislation in supportive of this matter because I am sure they these Houses which entails serious penalties for are as appalled by these kinds of stories as the people guilty of large-scale tax evasion and the rest of us. We will have no option but to become Revenue Commissioners decide, on a matter of thoroughly disruptive if this is not delivered by practice, that this is not important and do not the Department of Justice, Equality and Law prosecute people. We should have a debate on Reform which is ignoring the House and does not this. want to do this. It is on the business agreed by the House and was one of the few Private Member’s Mr. Higgins: I wish to raise three issues. Last motions passed with the support of both sides last week the Department of Enterprise, Trade and year.