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Seanad Éireann Vol. 204 Wednesday, No. 2 7 July 2010 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 7 July 2010. Business of Seanad ………………………………117 Order of Business …………………………………117 Committees of the 23rd Seanad: Motion …………………………135 Criminal Justice (Psychoactive Substances) Bill 2010 [Seanad Bill amended by the Dáil]: Report and Final Stages ……………………………………136 Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage … … 138 Business of Seanad ………………………………186 Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage (resumed) 187 Business of Seanad ………………………………201 Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Second Stage (resumed) 202 Compulsory Purchase Orders (Extension of Time Limits) Bill 2010: Order for Second Stage ……………………………209 Second and Subsequent Stages …………………………209 Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage … … 212 Compulsory Purchase Orders (Extension of Time Limits) Bill 2010: Motion for Earlier Signature … … 239 Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009: Committee Stage (resumed) 240 SEANAD ÉIREANN ———— Dé Céadaoin, 7 Iúil 2010. Wednesday, 7 July 2010. ———— Chuaigh an Cathaoirleach i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Business of Seanad An Cathaoirleach: I have received notice from Senator Pearse Doherty that, on the motion for the Adjournment of the House today, he proposes to raise the following matter: The need for the Minister for Enterprise, Trade and Innovation to bring forward legislation to compel all companies awarded State contracts to comply with registered employment agreement rates and pension schemes. I have also received notice from Senator Cecilia Keaveney of the following matter: The need for the Minister for Foreign Affairs to make a statement on whether he will encourage and support RTE to carry the advertisement campaign to promote peace and reconciliation funded by the IFI and others, currently playing on UTV, given its value to the mutual understanding of the peoples on the island. I have also received notice from Senator Jerry Buttimer of the following matter: The need for the Minister for Health and Children to make a statement on the establish- ment of an advisory board on the reconfiguration of acute hospital services in HSE South and to outline the reason there is no public representative or patient advocate on the board. I regard the matters raised by the Senators as suitable for discussion on the Adjournment and they will be taken at the conclusion of business. Order of Business Senator Donie Cassidy: The Order of Business is No. 1, motion re change of titles of certain committees, to be taken without debate at the conclusion of the Order of Business; No. 2, Criminal Justice (Psychoactive Substances) Bill 2010 [Seanad Bill amended by the Dáil]— Report Stage, to be taken at the conclusion of No. 1; and No. 3, Civil Partnership and Certain Rights and Obligations of Cohabitants Bill 2009 — Second Stage, to be taken at the conclusion of No. 2 and conclude not later than 5 p.m., on which the first two speakers from each other group may speak for 15 minutes and all other Senators for ten minutes and Senators may share time, by agreement of the House, with the Minister to be called upon for concluding comments not later than 4.50 p.m.; and No. 35, Private Members’ motion No. 15 regarding the economy, to be taken at 5 p.m. and conclude not later than 7 p.m. It is also proposed that Committee 117 Order of 7 July 2010. Business [Senator Donie Cassidy.] Stage of No. 3 will be taken at the conclusion of No. 35, with progress being reviewed at midnight, if not previously concluded. The business of the House will be interrupted between 2 p.m. and 2.30 p.m. Senator Frances Fitzgerald: Today is a historic day as the civil partnership Bill will be intro- duced into this House, having been passed in the Dáil. It is, as we know, on the cusp of becoming law. The full and positive impact of this long-overdue legislation was summed up for me by a young man I met in the House after the Bill was passed in the Dáil, a young man in his early 20s who, unprompted, said to me: “This Bill will change my life”. That sums up the personal impact this type of legislation will have on those it affects most profoundly. In Fine Gael we have had our own democratic debate on this legislation and we will be supporting it in the House today. There are obviously widely held views on it. It is a mark of a civilised society how widely views are held. Our debate today will be a testament to and a reflection of that. I want to speak on an issue, about which many people will gather before the gates of Leinster House today—— Senator Fidelma Healy Eames: Hear, hear. Senator Frances Fitzgerald: ——that of the disability cutbacks. Senator David Norris: Hear, hear. Senator Frances Fitzgerald: Many Members will have seen the headlines in the Irish Exam- iner, The Irish Times and the Irish Independent today about the lives of those with an intellec- tual disability whose respite care will be cut. Senator Fidelma Healy Eames: Hear, hear. Senator Frances Fitzgerald: It is extraordinary. We live in very difficult economic times, but we must have a serious debate on this issue in this House. I propose an amendment to the Order of Business that the Minister with responsibility for disability strategy should come into House today to respond to what has been outlined by those individuals who will gather at the gates today, who are experiencing first hand cuts to their care, cuts to their respite care. People who are at the edge of their coping, who are full-time carers, will now be pushed even further—— Senator Fidelma Healy Eames: Hear, hear. Senator Frances Fitzgerald: ——in their ability to manage their own personal situations. As far as I and Fine Gael are concerned, the 2004 disability strategy is in tatters. Two vital pieces of legislation, the Disability Act and the Education for People with Special Educational Needs Act have been shelved or have been cut so far back as to render them ineffective. There is an enormous human cost to these cutbacks. Today we will see the faces of those people, who are primarily affected by these cutbacks, at the gates of Leinster House. On the day after we heard of the new approach to NAMA, the new information about it and the disparity in the figures of the profit it was meant to make going from €4 billion to €1 billion to maybe a loss, which seems to be the more likely situation; that we hear of the billions of euro that we have put and continue to put into banks, which are not accountable, with many of the same people still in place; and that we heard the CEO of NAMA say the banks have not told the full story 118 Order of 7 July 2010. Business and the facts they have given to NAMA are under question once again; it is appropriate that today we have a debate in this House on the cutbacks in the disability sector. Senator Joe O’Toole: I strongly support the points made by Senator Fitzgerald. I have lost count of the number of times that I have raised these issues, including the EPSEN Act and that fact that its implementation has not so much been put back but that it has not commenced. We welcomed this legislation on all sides of this House when it was brought forward. We were assured it would change the position of people with disabilities but the Government has simply shelved it. It is absolutely appalling. A fair point has been made by the Government side at times, that cuts have to be made and every time a cut is proposed, that people on this side of the House will object to it. There may be some element of truth in that but we could also be given choices. The people — the Govern- ment will not like to hear this either — would be well ready to pay a couple of extra pence in taxation to ensure respite care and other such issues were maintained. Perhaps, Deputy Boyle, let us put that to the people. That is the thing to do. The Government funked this issue in the last budget and the budget before that. I am not talking about massive tax increases but we have said consistently here that public services need to be maintained and the only way that can be done is through revenue. That is an issue we have to examine. There is an another issue, which is a good example of the same principle. The first item on the agenda of today’s business is a motion to change of names of committees, which it is proposed will be passed without our taking any notice of it. I would like to get an impact statement on that. I would like people to be aware of what it means. What does it mean when we go to all this trouble to change the names of a Department? Are people aware that at a time when we are examining reform of the public sector that this proposed change will have an immediate impact? If the name of a Department is changed, it becomes a new Department and, as far as I know, the clock begins again, for instance, on the term of the Secretary General, which position is supposed to be a seven-year term.
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