Vol. 215 Tuesday, No. 2 1 May 2012 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Dé Máirt, 1 Bealtaine 2012. Business of Seanad ………………………………57 Order of Business …………………………………58 Sustainable Energy Act 2002: Motion …………………………77 Report of Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector: Statements, Questions and Answers ……………………………77 Adjournment Matters Employment Support Service …………………………102 Mental Capacity Legislation ……………………………105 Rural Development ………………………………106 Coimheas Dalta-Múinteoir ……………………………107 SEANAD ÉIREANN ———— Dé Máirt, 1 Bealtaine 2012. Tuesday, 1 May 2012. ———— Chuaigh an Cathaoirleach i gceannas ar 2.30 p.m. ———— Machnamh agus Paidir. Reflection and Prayer. ———— Business of Seanad An Cathaoirleach: I have received notice from Senator David Cullinane that, on the motion for the Adjournment of the House today, he proposes to raise the following matter: The need for the Minister for Social Protection to discuss the issue of supports for people who are unemployed in accessing third level education and, in particular, the eligibility criteria for the ICT skills programme 2012, and the need to be unemployed for six months or more to qualify for social welfare payments. I have also received notice from Senator Mark Daly of the following matter: The need for the Minister of Justice and Equality to give an update on the implementation of the mental capacity Bill 2008. I have also received notice from Senator Michael Comiskey of the following matter: The need for the Minister for Agriculture, Food and the Marine to establish a rural development forum to look at issues under the new rural development programme 2014-2020. I have also received notice from Senator Trevor Ó Clochartaigh of the following matter: Go dtabharfaidh an tAire Oideachais agus Scileanna soiléiriú maidir leis na critéir a úsáide- adh le meastóireacht a dhéanamh ar an achomharc a rinne Scoil Náisiúnta Mhuire, an Tuarín, Beál a’ Daingean, Contae na Gaillimhe ar chóimheas dalta-múinteoir na scoile don bhliain seo chugainn, agus ar tógadh cúinsí teanga, maraon le sláinte agus sábhailteacht, san áireamh. I have also received notice from Senator Thomas Byrne of the following matter: The need for the Minister for Education and Skills to discuss his proposals to ensure adequate places and adequate choice in primary education in Ashbourne, County Meath. I have also received notice from Senator Martin Conway of the following matter: The need for the Minister for Communications, Energy and Natural Resources to upgrade the transposer located in Ardnaculla, Ennistymon, County Clare, to ensure that the surround- ing community has access to digital television. 57 Order of 1 May 2012. Business. [An Cathaoirleach.] I regard the matters raised by Senators Cullinane, Daly, Comiskey, Ó Clochartaigh and Byrne as suitable for discussion on the Adjournment. I have selected the matters raised by Senators Cullinane, Daly, Comiskey and Ó Clochartaigh and they will be taken at the conclusion of business. Senator Byrne may give notice on another day of the matter he wishes to raise. I regret I have had to rule out of order the matter raised by Senator Conway as the Minister has no responsibility in this matter. It is a matter for RTE. Order of Business Senator Maurice Cummins: The Order of Business is No. a1, Sustainable Energy Act 2002, (Section 8(2)) (Conferral of Additional Functions — Renewable Energy) Order 2012 — Referral to Joint Committee on Communications, Natural Resources and Agriculture, on the Supplementary Order Paper, to be taken without debate, and No. 2, Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary School Sector: Statements and Questions and Answers, to be taken at 3.45 p.m. and to conclude no later than 5.45 p.m., with the contributions of group spokespersons not to exceed ten minutes, which can be shared, the contribution of one Sinn Féin Senator not to exceed four minutes and those of all other Senators not to exceed one minute when asking questions of the Minister. For the advance notice of the House, I advise we will have a special session to mark Europe Week, with the Minister of State with special responsibility for European affairs in attendance, on Thursday, 10 May. On the same day we will also commence the Second Stage debate on, what I am sure many Members will agree is important legislation, the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012. For the advice of the House, other legislation to be scheduled in the coming weeks include Remaining Stages of the Competition (Amendment) Bill, the Qualifications and Quality Assur- ance (Education and Training) Bill, the Companies (Amendment) Bill, the Animal Health and Welfare Bill and the Statute Law Revision Bill. For the information of the House, there will be no sitting next Tuesday, 8 May, and the House will not sit the week of the referendum. Senator Darragh O’Brien: I thank the Leader for outlining the legislative programme. Last week, I asked Senator Bacik in her role as Acting Leader about the timing of the referendum campaign. I welcome this and all of us as individuals or as members of our parties should use that week to canvas in a very constructive manner for a “Yes” vote. I commend everyone who contributed to the debate on the Social Welfare and Pensions Bill. Our spokesperson, Senator Paschal Mooney, thanked the Minister. While there are many areas in the Bill with which Fianna Fáil did not agree, the debate over the two and a half days it took place was very considered and showed very clearly the breath of knowledge and experience in the Seanad. I thank the Leader for allowing the level of time and commitment shown by the Minister. It shows when time is given to important legislation, the Seanad has a crucial role. It gave me great pleasure to partake in the debate even though I did not agree with everything that was being said. I am sure the same can be said for everyone. I welcome the fact that the Minister of State with responsibility for European affairs will come to the House on Europe day. I will preface my remarks by stating again that I and my party are fully supportive of the “Yes” campaign for the upcoming referendum on 31 May. However, I have grave concerns about the manner in which the campaign is being approached by some members of the Government as it is far from helpful. I was shocked to hear the interview with the Minister for Finance this morning. Senator David Norris: Hear, hear. 58 Order of 1 May 2012. Business. Senator Darragh O’Brien: This is not the way. The Minister stated a “No” vote in the EU treaty referendum will mean a “dramatically more difficult” budget in December. This is not the case because we are in the programme and the budgetary process has been set. I have stated consistently that if we speak about the treaty we should speak about its merits—— Senator Mary M. White: Hear, hear. Senator Darragh O’Brien: ——and the treaty itself and the fact it will give us economic stability and access to funds should we require it. The Government should not be threatening people—— Senator David Norris: Bullying. Senator Darragh O’Brien: ——by stating if there is a “No” vote they will pay more tax and have more cuts and austerity. While I have much regard for the Minister, this follows other comments made by the Minister of State, Deputy Creighton, and the Minister, Deputy Coveney. With four weeks to go, I ask the Government very simply to be aware the treaty itself has many merits and we should stick to these. We should stick to the scorecard and access to the ESM should we require further funds but cannot go back to the markets. This is what we are about. While I respect their views, those on the “No” side have no alternative to this. The Minister for Finance should not be threatening people by stating if they do not vote for the treaty they will have a “dramatically more difficult” budget this December. I feel very strongly about this and it should be stopped immediately. It follows the remarks, which I will not quote because they cannot be substantiated, reportedly made at a Fine Gael meeting where the Minister, Deputy Coveney, stated they would get tough if it looked like the campaign was not going the way it should. It behoves all of us on the “Yes” side to present a positive message to inform people about what the treaty is about and not about. This is just a part of the jigsaw; it is not the panacea to all our ills. God Almighty, do not go threatening the Irish people by stating if they vote “No” the sky will fall in. Senator Paul Coghlan: That was not said. Senator Darragh O’Brien: Sorry, but I feel very strongly about this. Whether the Leader agrees with the Minister for Finance or not I ask him to bring back my view on this as someone who is very positive towards the treaty and who will vote “Yes”. I will also write the Minister for Finance on this. The Government needs to get the information campaign up and running. When will it begin? When will the citizens of the State have information on the treaty? I ask the Government to stay positive on it and not threaten people with the consequences of a “No” vote because it will not work. Senator Ivana Bacik: I extend a welcome to former Senator Mary Henry, who was in the Gallery but whom I think has just stepped out.