Vol. 234 Thursday, No. 5 25 September 2014 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 25/09/2014A00100Business of Seanad 294 25/09/2014B00100Order of Business 294 25/09/2014K00200Freedom of Information Bill 2013: Committee Stage 313 25/09/2014X00100Adjournment Matters ��������������������������������������������������������������������������������������������������������������������������������������������345 25/09/2014X00150Disability Support Services Provision 345 25/09/2014Y00950Nursing Homes Support Scheme Applications 347 25/09/2014Z00150Seanad Elections ���������������������������������������������������������������������������������������������������������������������������������������������������349 SEANAD ÉIREANN Déardaoin, 25 Meán Fómhair 2014 Thursday, 25 September 2014 Chuaigh an Cathaoirleach i gceannas ar 1030 am Machnamh agus Paidir. Reflection and Prayer. 25/09/2014A00100Business of Seanad 25/09/2014A00200An Cathaoirleach: I have received notice from Senator Feargal Quinn that, on the motion for the Adjournment of the House today, he proposes to raise the following matter: The need for the Minister for the Environment, Community and Local Government to outline the position in relation to people who are blind being able to vote in a manner con- sistent with their entitlement to privacy I have also received notice from Senator Mary Moran of the following matter: The need for the Minister for Health to address the situation of a person (details sup- plied) who is in urgent need of a residential allocation I have also received notice from Senator Paul Bradford of the following matter: The need for the Minister for Health to comment on the inadequate funding of the fair deal nursing home scheme and the recent reduction in the number of applicants being ap- proved I regard the matters raised by Senators Quinn, Moran and Bradford as suitable for discus- sion on the Adjournment and they will be taken at the conclusion of business 25/09/2014B00100Order of Business 25/09/2014B00200Senator Maurice Cummins: The Order of Business is No 1, Freedom of Information Bill 2013 - Committee Stage 25/09/2014B00300Senator Darragh O’Brien: As every day passes, in the context of the Seanad by-election 294 25 September 2014 and the appointment of Mr McNulty - the Leader can shake his head all he wants----- 25/09/2014B00400Senator Paul Coghlan: It is becoming a bit of a----- 25/09/2014B00500An Cathaoirleach: Senator Darragh O’Brien to continue, without interruption 25/09/2014B00600Senator Darragh O’Brien: If every Member asks himself or herself honestly whether this has been handled well by the Government, everyone will agree that it has not, leaving politics out of it However, as every day passes, we are getting more information on this appointment I have a few questions I heard the Taoiseach’s interview from America He effectively said he was the Taoiseach, that he was the leader and that he would do whatever he wanted 25/09/2014B00700Senator David Norris: Exactly 25/09/2014B00800Senator Darragh O’Brien: The Taoiseach has no regard for the Seanad, which is why he proposed to abolish it He previously tried to undermine a democratic decision regarding the selection of candidates for the banking inquiry He tried to force through a vote and interfered in the process here Serious questions remain unanswered about what he and Fine Gael are doing in ensuring Mr McNulty’s candidature is valid It is an unprecedented and unparalleled stoke An individual has been appointed to the board of the IMMA who will not even serve on it because his qualifications do not stand up to scrutiny. What is worse is that the candidate misinformed and misled the Seanad nomination hearing by his omission of the fact that he had only been appointed a number of days earlier to the IMMA board on a temporary basis. When another candidate, Mr Craughwell, lodged a challenge, he withdrew it on the basis that he saw from the Taoiseach a nomination paper that indicated Mr McNulty was a member of the IMMA board At no time during the meeting did Mr McNulty and his election agent say he had only been appointed three days previously and that he had not met or served on the board That is why Mr. Craughwell withdrew his challenge. Was the information available to the High Court judge who presided over and examined the applications for the nomination? Did the judge know that this individual had only been appointed to the board a matter of days previously? 25/09/2014B00900Senator Terry Leyden: Unlikely 25/09/2014B01000Senator Darragh O’Brien: Why was the IMMA board not advised of this appointment? More importantly, has it met to ratify Mr McNulty’s application? If one is put forward as a nominee to a board - this would happen in any company - it needs to be ratified at a board meet- ing Furthermore, Members received letters this morning outlining that they would receive registered letters tomorrow with the ballot paper to vote in what is now a sham election with a sham Government candidate This is important in the sense that the Taoiseach has again under- mined a democratically elected House of Parliament and does not seem to realise how serious is this issue I again propose an amendment to the Order of Business: “That the Minister for Arts, Heri- tage and the Gaeltacht answer some of the questions she was asked the other day” All I want her to outline is who asked her to appoint Mr. McNulty to the board of IMMA. Was it the Tao- iseach or someone else? Why did she appoint him when he had not even made an application? 25/09/2014B01300An Cathaoirleach: Does this form part of the amendment? 25/09/2014B01400Senator Darragh O’Brien: I am putting it in context I formally propose an amendment 295 Seanad Éireann to the Order of Business for those who are interested in the democratic process and the integrity of this House and the Seanad by-election No one should be fearful of the Minister coming to the House to answer these questions I formally request the Cathaoirleach to convene a special meeting of the Committee on Procedure and Privileges to carry out an investigation, as it is allowed to do under the legisla- tion passed in respect of the banking inquiry - it also provides for compellability rights - and to enable elected Members of all parties and none to put questions I would like to clarify that I do not hold any of the staff responsible for any of this This is the Government’s doing This is bad, nasty, dirty party politics on the part of Fine Gael 25/09/2014B01500An Cathaoirleach: The Senator is way over time 25/09/2014B01600Senator Darragh O’Brien: Will the Cathaoirleach convene----- 25/09/2014B01700An Cathaoirleach: I have no role at all in the by-election 25/09/2014B01800Senator Fidelma Healy Eames: The Cathaoirleach is Chairman of the House 25/09/2014B01900Senator Darragh O’Brien: The Cathaoirleach convenes the Committee on Procedure and Privileges 25/09/2014B02000An Cathaoirleach: I can call it 25/09/2014B02100Senator Darragh O’Brien: That is what I am asking the Cathaoirelach to do 25/09/2014B02200An Cathaoirleach: The Committee on Procedure and Privileges has no role in this matter 25/09/2014B02300Senator Darragh O’Brien: What other forum, bar this House, is available to examine Standing Orders, for which the Cathaoirleach is responsible, and the electoral process? 25/09/2014B02400An Cathaoirleach: This has nothing to do with the House 25/09/2014B02500Senator David Norris: Of course, it has The Cathaoirleach is talking nonsense 25/09/2014B02600Senator Darragh O’Brien: It has An individual will sit in the House following the by- election 25/09/2014B02700An Cathaoirleach: That has nothing to do with the procedures of the House 25/09/2014B02800Senator Darragh O’Brien: I have the utmost regard for the Cathaoirleach and do not mean to delay the House, but if the by-election is allowed to proceed, an individual will be elected who is not qualified to be in the House. 25/09/2014B02900An Cathaoirleach: The House has no say in whether the man is suitable for election 25/09/2014B03000Senator Darragh O’Brien: I have a say and all of us should have a say if we care about this House 25/09/2014B03100An Cathaoirleach: As the Senator will be well aware, there is a process in place under the 1947 Act that has been gone through 25/09/2014B03200Senator David Norris: The House has an obligation to oversee the procedures used 296 25 September 2014 25/09/2014B03300Senator Darragh O’Brien: Fine Gael might as well have appointed Mickey Mouse One could put a dog in here instead I am asking the Cathaoirleach to convene a meeting of the Committee on Procedure and Privileges in order that we can discuss how an investigation can be carried out I have proposed an amendment to the Order of Business 25/09/2014B03600An Cathaoirleach: It is not a matter for the Committee on Procedure and Privileges 25/09/2014B03700Senator Darragh O’Brien: I am seeking direction from the Chair on for whom it is a mat- ter because if the Taoiseach is allowed to do this, all he will be doing is treating the House as his own It is not his 25/09/2014B03800An Cathaoirleach: That is not a matter for the Cathaoirleach----- 25/09/2014B03900Senator Darragh O’Brien: Jesus, it is