Vol. 200 Wednesday, No. 13 17 February 2010 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 17 February 2010. Business of Seanad ………………………………723 Order of Business …………………………………724 Cancer Awareness: Statements ……………………………742 Criminal Law (Insanity) Bill 2010: Order for Second Stage ……………………………759 Second Stage …………………………………759 Business of Seanad ………………………………779 Power sharing agreement in Northern Ireland: Motion ……………………779 Adjournment Matters: Scéim na bhFoghlaimeoirí Gaeilge …………………………810 Archaeological Sites ………………………………813 Special Educational Needs ……………………………815 SEANAD ÉIREANN ———— Dé Céadaoin, 17 Feabhra 2010. Wednesday, 17 February 2010. ———— Chuaigh an Cathaoirleach i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Business of Seanad. An Cathaoirleach: I have received notice from Senator Brian Ó Domhnaill that, on the motion for the Adjournment of the House today, he proposes to raise the following matter: Chun eolas a lorg an tAire Gnóthaí Pobail, Tuaithe agus Gaeltachta faoi na pleananna atá aige do scéim na bhFoghlaimeoirí Gaeilge do 2010. I have also received notice from Senator Ciarán Cannon of the following matter: The need for the Minister for the Environment, Heritage and Local Government to indi- cate the reason an application dated 25 September 2007 to carry out works at Lorro Gate, Athenry, County Galway has not been responded to. I have also received notice from Senator Pearse Doherty of the following matter: The need for the Minister for Education and Science to ensure no child with special edu- cational needs will be left without support from a special needs assistant. I have also received notice from Senator Fidelma Healy Eames of the following matter: The need for the Minister for Health and Children to clarify, in respect of diagnostic laboratory services, her comments in Dáil Éireann on 8 December 2009 with respect to clinical laboratory services in the Health Services Executive. I have also received notice from Senator Cecilia Keaveney of the following matter: The need for the Minister for Agriculture, Fisheries and Food to outline the reason moneys are not available this year to progress works at Greencastle Harbour causing them to cease, leaving a potentially dangerous situation. I have also received notice from Senator Jerry Buttimer of the following matter: The need for the Minister for Arts, Sport and Tourism to make a statement on the future role of Fáilte Ireland training centres in providing training courses for people who are unem- ployed in Cork, Dublin and Waterford and to make reference to the 2007 to 2009 figures. I regard the matters raised as suitable for discussion on the Adjournment. I have selected the matters raised by Senators Ó Domhnaill, Cannon and Doherty and they will be taken at the 723 Order of 17 February 2010. Business [An Cathaoirleach.] conclusion of business. The other Senators may give notice on another day of the matters they wish to raise. Order of Business. Senator Donie Cassidy: The Order of Business is No. 1, statements on cancer awareness, to be taken at the conclusion of the Order of Business and conclude not later than 1.30 p.m., on which spokespersons may speak for ten minutes and all other Senators for seven minutes and Senators may share time, by agreement of the House, with the Minister to be called upon ten minutes from the conclusion of the debate for closing comments and to take questions from leaders or spokespersons; No. 2, Criminal Law (Insanity) Bill 2010 — Order for Second Stage and Second Stage, to be taken at 2.30 p.m., on which spokespersons may speak for 12 minutes and all other Senators for seven minutes and Senators may share time, by agreement of the House; and No. 37, Private Members’ motion No. 19 re the recent power-sharing agreement in Northern Ireland, to be taken at 5 p.m. and conclude not later than 7.30 p.m. No. 2, Criminal Law (Insanity) Bill 2010, shall resume at the conclusion of No. 37, if not previously concluded. There will be a sos from 1.30 p.m. to 2.30 p.m. Senator Frances Fitzgerald: Today is the first day of Lent. The statement from the Vatican yesterday is a sorry start to this religious season. It is very disappointing for the victims of abuse that their main concerns were not dealt with at the meeting in the Vatican. It is very clear that pomp and circumstance are not what they want; they want a real response to the issues they raised. They are particularly disappointed that the question of a cover-up has not been dealt with in the discussions so far. I hope it will be dealt with later and that they will feel satisfied. Senator Terry Leyden: That is not appropriate to the Order of Business. Senator Frances Fitzgerald: I ask the Minister—— Senator David Norris: We have a Cathaoirleach and it is not Senator Leyden. An Cathaoirleach: No interruptions, please. Senator Frances Fitzgerald: It is extremely important—— An Cathaoirleach: The Leader of the Opposition is speaking and I want no interruptions from the Government side of the House. Senator Terry Leyden: Mea culpa. Senator Frances Fitzgerald: It is critical that the House have the opportunity to consider the plan brought forward by the Minister of State at the Department of Health and Children, Deputy Barry Andrews, and that we have ongoing debate on its implementation. The political system must be seen to respond effectively and in an ongoing manner to the issues raised. We need further discussion on the budget for the implementation plan. I want to return to a topic and key concern that I raised yesterday, namely, job creation. Over 400,000 people are unemployed. I want to return, in particular, to the issue of jobs in SR Technics and the discussions with Ryanair. There has been much comment recently to the effect that Ryanair has a hidden agenda. Its agenda has never really been hidden; it is about profit. It has been very clear and there has never been any mistake about it. Given the unem- ployment rate, these are extraordinary times. I hope the Government, especially the Tánaiste, 724 Order of 17 February 2010. Business and Ryanair will ensure the retention of jobs. The representatives at the meeting yesterday had a 51% stake in Aer Lingus. Irrespective of whether it is a question of a lease or discussions thereon, whether hangar 6 is not being used or whether the lease was only renegotiated last year, if there is scope, surely the Government, especially the Tánaiste and the Taoiseach, should be moving mountains to ensure the 300 jobs can be kept in this country rather than moved to another. If one thinks about the personal cost to those involved and their families, not to speak of the cost to the State of unemployment, surely every effort should be made in the coming days to save these jobs. I propose an amendment to the Order of Business that the Tánaiste come to the House to discuss the Government’s job creation plan. It is not just a question of the 300 jobs in SR Technics but of the job creation plan throughout the State and the role of FÁS. I meet people every week who have been offered courses by FÁS that are not suited to their needs. Some days agao I met a construction worker who had been offered a receptionist course. I am not saying what is appropriate or inappropriate for a particular person in his or her own circumstances but surely we should be discussing the macro approach to job creation in the House today. Senator Joe O’Toole: It is the role of this House to ensure children are protected from abuse and other threats. Whether bishops resign is not our business, nor do I care, but it is our business to recognise that bishops are patrons and managers of schools and making rules for them. They are doing so without any form of vetting or clearance. They can sack teachers if they believe their lifestyle is in conflict with the ethos of a school. Senator David Norris: Hear, hear. Senator Joe O’Toole: At the same time, they can protect abusers and thereby undermine their own Christian ethos and be completely safe. Irrespective of whether one is a bishop or a lay person, one should be properly vetted and be regarded as safe to be in charge of a school. There is an inherent conflict between the bishop as line manger of a priest against whom a complaint is made and the bishop as champion of the victim who suffers. The current circum- stances must not be allowed to continue. It is not a question of how the bishops get on in Rome but of how they run their schools in Ireland, their influence and authority. We need to deal with this issue very clearly. That is the issue for me. The Catholic Church can make decisions on who runs its dioceses but I want to know how our children in our schools are being protected. I have another comment on the same issue. The spectre of Archbishop John Charles McQuaid hangs over the report of the Joint Committee on the Constitutional Amendment on Children. In approximately 1935, 1936 and 1937, when the Constitution was being drafted, it was established that Article 42 would deal with the question of education. It required and allowed that parents would have responsibility “for the religious and moral, intellectual, physi- cal and social education of their children”. That is fair enough but when it came to determining standards in circumstances where the State had to take control following the failure of parents to take responsibility, it was included in the Constitution that, “The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social”.