Vol. 258 Wednesday, No. 2 16 May 2018 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 16/05/2018A00100Business of Seanad 41 16/05/2018A00225Commencement Matters 42 16/05/2018A00238Dublin-Monaghan Bombings 42 16/05/2018B00350Medicinal Products Regulation 44 16/05/2018C00100Equality Legislation 45 16/05/2018C00600Hospital Accommodation Provision 47 16/05/2018G00100Order of Business 49 16/05/2018N00400Mental Health (Capacity to Consent to Treatment) Bill 2018: First Stage 63 16/05/2018O00100Criminal Justice (Corruption Offences) Bill 2017: Committee Stage 63 2 o’clock16/05/2018W00100Mental Health (Amendment) Bill 2017: Report and Final Stages 81 16/05/2018JJ00100Special Education Provision: Statements 96 16/05/2018SS00100European Court Decision: Motion 109 SEANAD ÉIREANN Dé Céadaoin, 16 Bealtaine 2018 Wednesday, 16 May 2018 Chuaigh an Cathaoirleach i gceannas ar 1030 am Machnamh agus Paidir. Reflection and Prayer. 16/05/2018A00100Business of Seanad 16/05/2018A00200An Cathaoirleach: I have received notice from Senator Robbie Gallagher that, on the mo- tion for the Commencement of the House today, he proposes to raise the following matter: The need for the Tánaiste and Minister for Foreign Affairs and Trade to provide an up- date on contacts with the British Government following the all-party motion on the 1974 Dublin-Monaghan bombings agreed by Dáil Éireann on 25 May 2016 I have also received notice from Senator Colm Burke of the following matter: The need for the Minister for Health to outline the actions being taken to improve orphan drug access in Ireland I have also received notice from Senator Fintan Warfield of the following matter: The need for the Minister for Health to provide an update on the commencement of Parts 2 and 3 of the Children and Family Relationships Act 2015 I have also received notice from Frank Feighan of the following matter: The need for the Minister for Health to outline his plans to increase bed capacity at Sligo University Hospital I have also received notice from Senator Rose Conway-Walsh of the following matter: The need for the Minister for Housing, Planning and Local Government to provide an update on Lough Mask regional water supply scheme, stage 6, extension from Westport to Louisburgh, as outlined in contract No 2 civil engineering works of August 2007 Of the matters raised by the Senators suitable for discussion, I have selected Senators Gal- lagher, Colm Burke, Warfield and Feighan and they will be taken now. I regret I had to rule out of order the matter submitted by Senator Conway-Walsh on the ground that the Minister has no 41 Seanad Éireann official responsibility in the matter. 16/05/2018A00225Commencement Matters 16/05/2018A00238Dublin-Monaghan Bombings 16/05/2018A00244An Cathaoirleach: I would like to welcome the Tánaiste and Minister for Foreign Affairs and Trade to the Chamber Senator Gallagher has four minutes to outline his case 16/05/2018A00250Senator Robbie Gallagher: Go raibh maith agat a Chathaoirligh Ar dtús a Aire, ba mhaith liom fáilte mhór a chur romhat go dtí an Teach seo inniu Ba mhaith liom buíochas a ghabháil leat fosta chun a bheith anseo inniu chun labhairt faoin ábhar iontach tábhachtach seo The Minister is very welcome to the House I appreciate that this is a particularly busy time for him and his presence this morning is to be appreciated by all I acknowledge the fact the Minister made an effort to come here to address this very important issue. As the Minister is aware, tomorrow 17 May marks the 44th anniversary of the Dublin- Monaghan bombings Some 33 people in Monaghan and Dublin lost their lives on that day and it turned out to be the worst loss of life of the entire period of the Troubles I take this op- portunity to request of the Minister a renewed effort on his part and, indeed, on the part of the Government so that the files in relation to this particular issue are released by the British Gov- ernment in order that the people of Dublin and Monaghan can have final closure on this issue. It is difficult to imagine that 44 years on we are no wiser as to who was responsible, what happened or what group was responsible for this atrocity in which 33 people lost their lives - seven from County Monaghan and 26 from Dublin We can only imagine the pain the families continue to endure over this period That pain is compounded by the absence for more than four decades of the truth of what actually happened on that day People have campaigned for many years. Justice for the Forgotten deserves credit for its continued efforts over many years to try to find justice and the truth of what happened. Every year on the anniversary of this event, all Members of both Houses renew our determination to try to find some comfort for those who have suffered. As the anniversary approaches tomorrow, our thoughts and our prayers are with the victims and their families at this difficult time of commemoration. I am sure it is difficult for the families to appreciate that no one has been charged, much less convicted for that day of carnage and the truth of what actually happened remains a mys- tery. Indeed, the families’ quest for truth and justice has been painfully slow, blocked in every direction and largely ignored The British Government must make those documents available There must be some international agreement that it is breaching by not so doing The British Government has said that it would set up an inquiry into what happened but we still await the outcome of that I call on the Minister in his new role to reinvigorate our efforts and the efforts of the Govern- ment on behalf of the people of this country, especially the people of Monaghan and Dublin, to request the British Government to release the papers so that the families can finally bring clo- sure to this and so that they can put the memories of their loved ones to rest and finally realise 42 16 May 2018 who or what was behind that atrocity on that fateful day 16/05/2018A00300Tánaiste and Minister for Foreign Affairs and Trade(Deputy Simon Coveney): I thank the Senator for raising this issue and I am very aware in the week of the 44th anniversary of the Dublin-Monaghan bombings that this is hugely sensitive time for the families concerned That tragic incident saw the biggest loss of life in any single day during the Troubles, as was pointed out by the Senator It is important to acknowledge politicians across the Oireachtas who work on a cross-party basis with the Government on this issue, in support of the tireless efforts of Justice for the Forgotten which is playing such an important role, in terms of trying to move this process forward The Government will be represented at the wreath-laying ceremony tomorrow to mark the anniversary of these tragic events by my colleague, the Minister for Justice and Equality, Dep- uty Charles Flanagan I will be taking Leaders’ Questions which is why I cannot unfortunately be there myself The Programme for a Partnership Government highlights the priority that the Government attaches to the implementation of the all-party Dáil motions relating to the Dublin-Monaghan bombings I recently met with Justice for the Forgotten to hear its views and update it on the Government’s continuing engagement on legacy issues, including with the British Government, and on the Dáil motions The all-party motion on the 1974 Dublin-Monaghan bombings that was adopted by the Dáil on 25 May 2016 has, like those adopted in 2008 and 2011, been conveyed to the British Government These motions call on the British Government to allow access to an independent, international judicial figure to all original documents relating to the Dublin and Monaghan bombings, as well as the Dublin bombings of 1972 and 1973, the bombing of Kay’s Tavern in Dundalk and the murder of Mr Seamus Ludlow The Government is committed to actively pursuing the implementation of these all-party motions, and has consistently raised the issue with the British Government I am actively en- gaged with the British Government on an ongoing basis on this issue, as are officials from my Department I raised the issue again in person with the Secretary of State for Northern Ireland, Karen Bradley, last month and my officials were in touch with their British counterparts as recently as last week I have consistently underlined to the British Government that the Dáil motions represent the consensus political view in Ireland and that an independent international judicial review of all of the relevant documents is required to establish the full facts of the Dub- lin-Monaghan atrocities I have also made it clear that the absence of a response from the Brit- ish Government is of deep concern to the Government and both Houses of Oireachtas I have emphasised the urgent need for such a response I will draw the attention of the Secretary of State to this debate in the Seanad and the many questions