Vol. 180 Tuesday, No. 17 31 May 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 31 May 2005. Business of Seanad ………………………………1253 Order of Business …………………………………1254 Aviation Action Plan: Statements …………………………1266 Safety, Health and Welfare at Work Bill 2004: Report and Final Stages ……………1303 Business of Seanad ………………………………1308 Disability Bill 2004: Second Stage …………………………1308 Adjournment Matters: Hospitals Building Programme …………………………1334 Pension Provisions ………………………………1337 1253 1254 SEANAD E´ IREANN I have also received notice from Senator Coghlan of the following matter: ———— The need for the Minister for Community, Rural and Gaeltacht Affairs, to act immedi- De´ Ma´irt, 31 Bealtaine 2005. ately to ensure that the internationally known Tuesday, 31 May 2005. brand name of Dingle survives and is permitted in the promotion and signage of An Daingean ———— outside of the Gaeltacht, and to remedy the sit- uation whereby foreign tourists are driving Chuaigh an Cathaoirleach i gceannas ar around County Kerry with maps in English and 2.30 p.m. road signs in Irish. ———— I regard the matters raised by the Senators as suitable for discussion on the Adjournment and I Paidir. have selected the matters raised by Senators Prayer. Brian Hayes, Kitt and Terry and they will be taken at the conclusion of business. Senators ———— Morrissey and Coghlan may give notice on another day of the matters they wish to raise. Business of Seanad. An Cathaoirleach: I have received notice from Order of Business. Senator Brian Hayes that, on the motion for the Ms O’Rourke: The Order of Business is No. 1, Adjournment of the House today, he proposes to statements on the aviation action plan to be taken raise the following matter: on the conclusion of the Order of Business and The need for the Minister for Education and to conclude not later than 5.30 p.m., with the con- Science to provide funding for a new science tributions of spokespersons not to exceed 15 room, or refurbishment of the existing room in minutes, those of all other Senators not to exceed St. Macdara’s College, Templeogue, in accord- ten minutes and the Minister to be called upon ance with an application for funding which was to reply not later than five minutes before the lodged with her Department in 2002. conclusion of the statements; No. 2, Safety, Health and Welfare at Work Bill 2004 — Report I have also received notice from Senator Kitt of and Final Stages, to be taken at 5.30 p.m. and to the following matter: conclude not later than 6 p.m.; and No. 3, Dis- The need for the Minister for Health and ability Bill 2004, Second Stage, to be taken at 6 Children to provide an update on the design p.m. until 8 p.m., with the contributions of all brief for the Tuam Health Campus, County Senators not to exceed 20 minutes. Galway, as the design was completed by the former Western Health Board in October 2002 Mr. B. Hayes: Will the Leader make time avail- incorporating a community hospital, able this week for an emergency debate about the Alzheimer’s disease unit, child care training disgraceful revelations in the “Prime Time” prog- centre, primary care unit and an ambulance ramme on RTE last night concerning a nursing base. home? While the programme focused on one nursing home and most homes, private and I have also received notice from Senator Terry of public, are run in an exemplary manner, there is the following matter: widespread public concern following last night’s The need for the Minister for Finance to give “Prime Time” programme. It is clear that we a detailed breakdown of the \2.5 billion tax need a statutory independent inspectorate which breaks enjoyed by the pension industry; to list can issue reports in a more transparent way than the top ten individuals; and the top ten schemes is done by the Health Service Executive. Does benefiting from the tax breaks and the value of the Leader agree that the health authorities each one. should have the power to close down nursing homes which clearly are in contravention of I have also received notice from Senator public health regulations and regulations govern- Morrissey of the following matter: ing treatment of the elderly? This is a very serious The need for the Minister for Education and matter which has exercised the country since the Science to provide a list of all primary and sec- airing of last night’s programme. The Minister of ondary schools which lack the necessary facili- State with responsibility for the elderly should ties to provide the level of physical activity come into the House before the end of the week recommended in the national task force on to make a statement on the matter. obesity report, such as the schools in I ask all Members on all sides who have Castleknock, Dublin 15, and also to provide an expressed views in connection with the ratifica- estimate of the level of investment needed to tion process of the European constitutional treaty ensure that each school has adequate facilities to hold their fire and not take up entrenched for physical education classes. positions in advance of the Council meeting in 1255 Order of 31 May 2005. Business 1256 [Mr. B. Hayes.] I wish to raise one further item, a bank robbery mid-June when all member state Prime Ministers involving a shooting in Navan, because it is a will gather to discuss the position post-French most interesting situation and one that should decision. Clearly, the French no vote, is a body give pause for thought. People are horrified by blow to the treaty. We need time to reflect on it the increase in gun crime. I trace it all back to the and see the consequences. Irrespective of one’s so-called republican community because it helped position on the treaty, 90% of what is in the to introduce guns and drugs into this country but treaty is already in place in existing treaties. That that does not mean we cannot examine the posi- will continue in place irrespective of the other tion. It is very important to examine the situation. 10% which is new. We need to learn from the I was horrified to listen to the unending stream decision in France and consider the anticipated of gloating calls to the radio which said the gardaı´ domino effect — the objective that one country’s should have shot them all. The callers had no support would lead to ratification in other coun- sympathy for the families but the families may tries. That will become unstuck now. I ask not have had anything whatever to do with it and Members not to take up strong entrenched posi- they are human beings. tions in advance of the mid-June meeting I also feel great sympathy for the gardaı´ who between all the EU Prime Ministers and leaders. are decent, fine people. I understand one garda was in tears which is a very human response. Mr. Norris: I join Senator Brian Hayes in ask- However, when there is a situation where no shot ing for a debate on nursing homes’ treatment of was fired from the other side and several shots the elderly and congratulate a former Member, came from Garda sources, it is in the interests now Deputy O’Dowd, who was crucially involved both of the Garda Sı´ocha´na and the citizens of in this matter. I say that because he is a former this country that there should be an independent Member of this House and a fine politician not inquiry. Otherwise we will be told that what we from any partisan view because there are many have in the South is a shoot to kill policy—— on the other side who are equally concerned and Ms White: That is ridiculous. have a professional commitment in this area. It was very worrying to see the development of bed Mr. Norris: ——and we squawked loud and sores. Last night’s broadcast was an excellent hard when this was happening in Northern informational programme on which RTE should Ireland. We owe it to the Garda Sı´ocha´na to be congratulated for having taken the risk. make sure an independent inquiry is held. I will Attempts were made to prevent RTE showing it. end on this point. The programme highlighted issues such as the development of bed sores. Most people just An Cathaoirleach: The Senator has elaborated assumed, as I did, that bed sores develop auto- sufficiently. matically in certain circumstances when people are old but the experts said there is absolutely no Mr. Norris: The Minister for Defence, Deputy reason for them if people are turned in their beds O’Dea, said in a newspaper article in reference to in the proper way. We have learned a great deal Deputy Costello: from the programme, which was quite shocking. As if to add insult to injury, Costello referred We should consider legislation in this area as to the Lusk shootings with the extraordinary we must strengthen the inspectorate. What is the phrase: “Where people die as a result of Garda point of giving warnings to those who are action, there must be a proper procedures for inspecting? If it is announced in advance that an independent investigation into such inspectors are coming to inspect a nursing home, incidents”. one blows one’s chances of finding anything wrong. A nursing home has never been fined or Is this how Costello and the Labour Party per- closed although there are 30 nursing homes ceive what happened at Lusk post office? against which there are complaints.