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Seanad Éireann Vol. 209 Wednesday, No. 11 20 July 2011 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Dé Céadaoin, 20 Iúil 2011. Business of Seanad ………………………………669 Order of Business …………………………………669 Planning and Development Regulations 2011: Motion ……………………681 European Directives: Motion ……………………………681 EU Regulations: Motion ………………………………681 International Agreements: Motion …………………………682 Agriculture and Fisheries: Statements, Questions and Answers…………………682 Electoral (Amendment) Bill 2011: Second Stage ……………………713 SPHE Curriculum: Motion ……………………………730 Child Care (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages … … 749 Child Care (Amendment) Bill 2011: Motion to Recommit …………………756 Adjournment Matter: Hospital Services ………………………………758 SEANAD ÉIREANN ———— Dé Céadaoin, 20 Iúil 2011. Wednesday, 20 July 2011. ———— Chuaigh an Cathaoirleach i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Business of Seanad. An Leas-Chathaoirleach: I have received notice from Senator Thomas Byrne that, on the motion for the Adjournment of the House today, he proposes to raise the following matter: The need for the Minister for Health to discuss the position of Our Lady’s Hospital, Navan, particularly in the context of the accident and emergency and orthopaedic services on offer there. I regard the matter raised by the Senator as suitable for discussion on the Adjournment and it will be taken at the conclusion of business. Order of Business Senator Maurice Cummins: It is proposed to take No. 1, motion regarding the approval by Seanad Éireann of the Planning and Development (Amendment) (No. 2) Regulations 2011, to be taken without debate; No. 2, motion regarding the proposal for a directive of the European Parliament and of the Council establishing minimum standards on the rights, support and pro- tection of victims of crime, to be taken without debate; No. 3, motion regarding the proposal for regulation of the European Parliament and of the Council regarding the mutual recognition of protection measures in civil matters, to be taken without debate; No. 4, motion regarding the proposal for a Council decision on the signature of the agreement between the European Union and Australia on the transfer and processing of passenger name record data, to be taken without debate; No. 5, motion regarding the proposal for a Council decision on the conclusion of the agreement between the European Union and Australia on the transfer and processing of passenger name record data, to be taken without debate; No. 6, statements, questions and answers on agriculture and fisheries, to commence on the conclusion of the Order of Business and to conclude no later than 2.15 p.m., with the statements and questions on agricultural matters to conclude no later than 1.15 p.m. — following the Minister’s opening remarks ques- tions will be taken in turn, with group spokespersons to be called first and the same format will apply during the subsequent discussion on fisheries; No. 7, Electoral (Amendment) Bill 2011 — Order for Second Stage and Second Stage, to be taken at 3 p.m. and to conclude no later than 5 p.m., with the contributions of spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes and the Minister to be called upon to reply no later than 4.55 p.m.; No. 8, Child Care (Amendment) Bill 2009 — Report Stage, to 669 Order of 20 July 2011. Business. [Senator Maurice Cummins.] commence on the conclusion of Private Members’ business and to conclude no later than 9 p.m. if not previously concluded; and No. 18, motion No. 4, Private Members’ business, to be taken at 5 p.m. and to conclude no later than 7 p.m. I hope there will be a good attendance in the Chamber for the question and answer sessions relating to agriculture and fisheries. These sessions represent a new departure and I hope there will be a good exchange between the Minister and Senators. Deputy Darragh O’Brien: I congratulate Senator Ó Clochartaigh and his wife on the arrival of their new son, Ríain. Sinn Féin has been adding to its numbers in recent weeks and should keep going in that regard. The Taoiseach is due to attend tomorrow’s emergency summit of EU leaders. We wish the Taoiseach and the Government well in their endeavours in respect of this important meeting. I am particularly concerned that European leaders have spent the past four months dealing with, in effect, a crisis in the eurozone. In my opinion, they have been operating in a piecemeal fashion and we are no closer to a resolution. I was concerned at the Taoiseach’s indication yesterday that he has not held a single bilateral meeting in the four-month period since the Government was formed. In other words, he has not met any of his European counterparts individually to put forward Ireland’s case. We are consistently told that efforts are being made to secure a reduction in the interest rate on the bailout. I have always maintained that the importance of such a reduction is greatly overstated, as the Minister for Finance, Deputy Michael Noonan, acknowledged. However, it is important that, rather than merely talking about it, we do our best to put the issue to bed. I wish the Taoiseach well in his endeavours. Given that the Lower House is not sitting next week and will not sit this Friday to discuss the outcome of the European summit, will the Leader set aside time next week and invite either the Taoiseach, the Minister for Finance or the Tánaiste and Minister for Foreign Affairs and Trade to the Chamber for a discussion on the eurozone crisis? This issue will affect every citizen of the European Union, including the Irish citizens who we in this House represent. Unless Europe moves with far greater haste than it has heretofore, we will have a crisis on our hands and no mechanism to deal with it. This Chamber, and the expertise therein, can play an important role in this. Time should be set aside next week to discuss the outcome of the European leaders’ meeting and Ireland’s strategy for dealing with the debt crisis and a possible debt restructuring which, in my view, must be on the table. Senator Ivana Bacik: I join in congratulating Senator Trevor Ó Clochartaigh and his family on their new arrival. I welcome the new format announced by the Leader for today’s discussion with the Minister for Agriculture, Fisheries and Food. A question and answer session has the potential to be far more productive than the traditional set-piece speech from the Minister. I welcome the appointment of Mrs. Justice Susan Denham as Chief Justice of the Supreme Court. Mrs. Justice Denham has a great track record of reform and will be a popular and worthy choice. It is also something of note that she will be the first woman to serve as Chief Justice in the State. In the context of that welcome announcement, I ask the Leader for a debate in the next term on the proposed referendum on judicial pay about which there has been a great deal of controversy. This House has a worthwhile role to play in debating the appropriate wording of the referendum proposal on reductions in judges’ pay. I took a view when the issue was first mooted some time ago that it was not necessary under the Constitution to have an amendment in order to reduce judicial pay if it were done as part of a public sector 670 Order of 20 July 2011. Business. levy or tax. Several lawyers agreed with that interpretation, but the then Attorney General took a different view, as does the current Attorney General. Given that a referendum is now promised, we must be careful to ensure the wording is tight enough to safeguard any abuse or singling out of the Judiciary. There is not much public sympathy for judges in respect of the reported opposition to the referendum, but it is important that we get the wording right. This House could play a useful role in debating the appropriate wording. That debate might include a review of the 2009 Private Members’ Bill introduced in opposition by the Minister for Justice and Equality, Deputy Alan Shatter, in which he put forward a much tighter wording than that currently being circulated. This is an important issue regarding the separation of powers and the role of the Judiciary within State structures. We must have a comprehensive, careful and informed debate. This House is a suitable forum for such a debate and it should take place in early September. Senator Jillian van Turnhout: I too take the opportunity to congratulate Senator Trevor Ó Clochartaigh on his new addition. Here is another child whose rights we must fight for and I assure the Senator we will continue to do so. I echo what Senator Darragh O’Brien said in regard to the European leaders’ summit. I am extremely concerned, as are many citizens, at the way in which Europe has dragged its feet and has not taken the necessary decisions to address the crisis. The latest signals are not encour- aging in advance of tomorrow’s summit. When the Heads of State meet at an EU leaders’ summit, we expect action. We should send a clear message in this regard. I join Senator Ivana Bacik in congratulating Mrs. Justice Susan Denham’s appointment as the first female Chief Justice in the history of the State. She is an excellent role model and it is encouraging that the two most senior legal positions in the State are now occupied by women. We are in safe hands for the future.
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