Order of Business, 19 February 2013

Tuesday, 19th February 2013

I thank everyone who attended a joint briefing I organised on the Magdalen report with Amnesty International, the Irish Council for Civil Liberties and Justice for Magdalenes. I hope we will debate the issue at the earliest opportunity, and I hope that today is day one of justice. When we have the debate I ask for appropriate time to scrutinise any proposed redress scheme; there should not just be reflection of the past but also consideration of how to restore into the future.

I welcome the publication yesterday by the Children’s Rights Alliance of its report card for 2013, which is a really comprehensive report on the Government’s promises to children. Overall, the Government got a C grade, and I will refer to Senator O’Brien’s comments with regard to child poverty. I do not know if it is “the” Mangan report but the first report of the Mangan group was put online today, and it is dated March 2012. I would like to see clarification on the report and its content. I am concerned by the leaks we read over the weekend. As a legislator, I cannot believe I must speak about leaks of a report. We have had debates on the Social Welfare Bill and we have been asked to act responsibly but we have not been provided with the relevant information.

In the Children’s Rights Alliance report and relevant to child poverty, the Department of Social Protection got an F grade. Rarely does the Children’s Rights Alliance hand out an F grade. We have seen increasing child poverty figures in Ireland and if child poverty is left unaddressed, the issue can continue into a person’s teenage years and cause significant life poverty risk.

Reading the reports at the weekend on whether we should means-test or tax child benefit, as well as what the Mangan report would come out with, it felt like it was Groundhog Day. It was first mooted in April 2009 by the then Minister, the late Brian Lenihan, that we should examine this issue and I recall when debating it that I used the same speaking points that I am using now. I have not had to change them. The debate should be moving on. I ask for a debate on the matter in this House.

Will the Leader ask the Minister for Justice and Equality for clarity on when the family leave Bill will be published and the consultation process on it with the social partners is envisaged? As the EU parental leave directive needs to be transposed into law by March 2013, the clock is ticking. I know the Bill is on the legislative list, but when will it be published in order that we can uphold our obligations?

Order of Business, 11 December 2012

I will save my comments on the budget for next week, but I am very concerned about the cumulative cuts. We cannot just consider this year’s budget but must also consider previous budgets and how they affect children and families directly. Our group has tabled a motion for debate tomorrow on the value of youth work. Youth work organisations are being affected by the cuts and I hope we will have our colleagues’ support in that debate.

This morning the Supreme Court has handed down its full judgment, which was unanimous, in its ruling that the Government acted wrongfully by spending €1.1 million on its information campaign in the recent referendum. I call for this House to have a debate on how we hold referendums to ensure we have a fair and balanced debate.

While I know I am beginning to sound like a broken record, last week’s budget announced €546 million for the new child and family support agency. The task force report was published in July. Nobody in this House could say what the remit and scope of the new child and family support agency entail, yet we have allocated a budget of €546 million. We urgently need a debate. We cannot wait for the legislation to be placed before us and then fine-tune the legislation. If the Minister for Children and Youth Affairs is not available, I have suggested to the Committee on Procedure and Privileges three individuals of high calibre who could come before this House and discuss the new agency with us. I do not understand the reason for the delay.

I repeat the call I made during the debate on Senator Quinn’s excellent Bill on employment permits. We should have a debate on forced labour in Ireland.

I asked that the Minister for Justice and Equality publish the International Labour Organisation’s report on criminalising forced labour in Ireland. This report needs to be published, we need to criminalise this and there needs to be urgency on this issue. I repeat my call for that debate.

Order of Business, 16 November 2012

I echo the congratulations to the Irish team, which has given us all a boost. Perhaps we would like to skip over the budget and get straight to the European matches. Unfortunately, we cannot.

I have concerns at the kite flying that is happening. Vulnerable hard-pressed families are reading headlines every day and wondering what will happen. We should all be careful with our comments.

I echo what Senator Bacik said about St. Patrick’s Institution and seeking a debate in the House. It is of extreme concern and a gross violation of our human rights record. For the sake of the children in vulnerable situations we need to act as soon as possible.

Today, I raise the issue of transition year students. Most of us are aware of the transition year programme which promotes the personal, social, vocational and educational development of students and prepares them for their role as autonomous, participative and responsible members of society.

Recently, I received an application from a transition year student to work for one week in Leinster House as part of the work experience programme. I was informed that this is not possible. What better way to achieve these goals than by allowing young people to experience a working environment through one of the work experience programmes offered by most schools that conduct the transition year programme? The Houses of the Oireachtas lacks any dedicated structure to facilitate students who wish to experience the working life of the Parliament. Work experience is available for second level students with members of parliament in the European Parliament and the British Houses of Parliament. Why can we not do it here? Even closer to home, Dublin City Council offers second level work experience.

This experience is extremely valuable, would give students an insight into our work and would help them understand what we are doing here. I call on the Leader and the House to examine ways in which the Seanad could put in place a one week programme once a year to provide transition year students with an opportunity to listen to some of our key debates and a chance to partially shadow a Senator. The programme could be open to a lottery and provide to a limited number of transition year students an opportunity to see what we do. I ask that this be given serious consideration and I would be happy to give any support and assistance I can.

Senator Opposes Cuts to Lone Parent Support

In Seanad debates today and on Friday 27th April, Senator Jillian van Turnhout has strongly opposed the cutting of the One-Parent Family Payment as part of the Social Welfare and Pensions Bill 2012.

Until 2011, lone parents were entitled to the One-Parent Family Payment until their children are 18, or 22 if in full-time education. The age at which the payment stops was cut to 14 last year, and the current amendment proposed by the Government would see it slashed to the age of 7 by 2014.

Senator van Turnhout, an activist for children’s rights and former chief executive of the Children’s Rights Alliance, argued that the children affected by this change are among the most at-risk in the State today: “One-parent families are the unit group in Irish society most at risk of poverty. Children in one-parent families are poorer than other children. This is not speculation. It is a fact.”

In the debate on the Bill, Senator van Turnhout outlined her disgust at the idea that lone parents are lone parents by choice: “More than 90,000 people, the vast majority women, did not choose to belong to the family unit group in Irish society most at risk of poverty.” Not only is this argument insulting to those who have left abusive or dysfunctional relationships, or who have been deserted and left with full responsibility for their children, “it feeds into a notion that lone parents are a legitimate or worthy target of welfare cuts.”

Tackling the idea that these cuts will break long-term welfare dependency and force recipients into employment, the Senator asked “If it was the case that none of the 90,000 lone parents in question are working, my first question would be; where are the 90,000 jobs for them to take up? However, it is not necessary to ask this question since 80% are either working or in education.”

Once the cut-off point for payments reaches 7 years in 2014, the State will face a crisis of childcare. The Senator said that, in spite of Government hopes, “I have grave concerns about the viability of such comprehensive and affordable childcare and after school care provisions being delivered within the next three years.”

These cuts are being undertaken without adequate consultation with experts and with those that represent lone parent families and children. While accepting that the money available to the State is tight and that welfare reform can be positive, Senator van Turnhout opposed the cutting of support for the most at-risk in society: “Reform is not about pulling the rug out from under already vulnerable people.”

Social Welfare Bill 2011 – Committee Stage and Remaining Stages

15th December 2011

I thank Senator Mooney. I am of the view that the Minister’s presence in the Chamber may be influencing the true gentleman’s approach.

This is one of the two sections to which Senator Zappone and I are opposed. As an Independent Senator, it is difficult to deal with the Social Welfare Bill because one’s heart must be ruled by one’s head. I want to oppose all cuts but I feel I must highlight those relating to child benefit and the lone-parent allowance above the others that are being made. I welcome the Government’s decision not to reduce the basic rate of child benefit of €140 for first and second children. I am, however, greatly concerned regarding the decision to cut the rates for third and subsequent children. I am also concerned about the decision to discontinue the once-off grants relating to multiple births.

My objections in respect of this matter are twofold. First, I am concerned that what is proposed will increase the exposure of larger families to poverty. The loss of €19 per month for a third child and €17 per month for the fourth and subsequent children equates to a total loss of €432 per year for a family with four children. On the face of it, this figure might not appear overly disturbing. However, it represents a loss of financial support for larger families. The effect the cut in child benefit will have on the 23% of families in Ireland with three or more children cannot be viewed in isolation. It must, therefore, be considered in conjunction with the cumulative impact of the raft of other cuts made across budget 2012 that have specifically affected families and, more particularly, already vulnerable families on low incomes that are reliant on social welfare. In this regard I refer to the cut to the one-parent family payment and the fuel allowance and the increase in health and education costs.

Recent CSO statistics indicate that among those whose consistent poverty rate rose from 6.3% in 2009 to 9.6% in 2010 were families with three or more children. These statistics also attest to a widening gap between the haves and the have nots in Irish society. I wish to provide some examples in this regard. In addition to the €432 families comprising two parents and four children will incur as a result of the cut to child benefit, those eligible for the back to school clothing and footwear allowance will lose a further €310. This will lead to a total loss of €472 per year. If these families live in rural areas, they will lose €1,612 per year as a result of the cuts to which I refer and the increases in respect of school transport. A family consisting of a lone parent and two children will lose €537 per year as a result of cuts to the back to school clothing and footwear allowance, the fuel allowance and the increase in the minimum contribution towards rent supplement. As already stated, the cut to child benefit cannot be viewed in isolation.

The State is constitutionally obliged to protect the unit of society that is the family. However, there is genuine and growing concern among the organisations which deal with struggling families that these new cuts will push many over the edge into deprivation, poverty and despair and will further compound the misery for those who have already crossed that threshold. Children are the most vulnerable members of any family unit and any hardship visited upon that unit is most acutely felt by them.

On Second Stage the Minister compared the rate of child benefit in this country to that which is paid in Northern Ireland. I remind her that while the rate of payment in the latter jurisdiction is lower, in order to compensate for this the system which obtains there provides a raft of other child-related benefits for those who qualify. I refer to free school meals and transport, a preferential maternity allowance, a national health services allowance, access to the start strong health scheme and the sure start maternity grant. I could also provide examples from France and Sweden — I do not want to take up the House’s time in doing so — in order to show how other jurisdictions offer additional child-related benefits which compensate for lower baseline rates of payment. When making comparisons, we must ensure that we take all aspects into consideration.

The second matter to which I wish to refer is the importance of supporting and encouraging a high birth rate in Ireland. The decision in respect of the once-off payments for multiple births displays a lack of strategic thinking. This is the very time when we need to think outside the box. We need to encourage and support a healthy birth rate in Ireland because this will, in turn, support and sustain economic growth. Ireland is in the enviable position of having the highest birth rate in Europe. In July of this year, it stood at 16.5%. The next highest ranking country is the UK, with a rate of 13%. However, Europe as a whole has an increasingly ageing population. The Oxford Institute for Ageing estimates that within 20 years, Europe’s largest population cohort will comprise those over 65 and that the average age will be 50. An ageing population has significant implications for the labour force, the health service, the education and welfare systems and also in the context of technology and development.

I am of the view that child benefit payments reflect the values of our society. It universally demonstrates that children are cherished and that the Irish public wants to support their well-being. I am not stating that we should provide support through benefit payments. I would be happy if we were to support families through the provision of services. At present, however, we do not provide support in this way. As a result, removing the payment is not acceptable.

There is a collective responsibility in respect of this matter. In an economic context, children are what might be termed “merit good”. In other words, they have value to others beyond their families. As future taxpayers and workers, their contributions will assist in the payment of State pensions. Mr. Frank Field, a British MP, is credited with saying “I may not have children but I need someone to have them if my pension is going to be paid”. The State must send out a signal to the effect that it supports and encourages childbirth. The children of today are essential to our future economic recovery. I, therefore, urge my colleagues to oppose section 8. Cutting child benefit and discontinuing once-off grants in the case of infrequent multiple births is not the way forward.

Order of Business, 6 December 2011

6th December 2011

All of the talk of Ireland having experienced four years of hardship conjures up a notion that, before that, we had a shared prosperity. That simply is not true. Long before the economic downturn and subsequent slide into full-blown recession, tens of thousands of people lived in hardship, in poverty or at risk of poverty, struggled to raise families and care for elderly and disabled relatives, and hundreds slept rough on our city streets. Whatever way one looks at the measures put forward yesterday by the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, they will impact overwhelmingly and disproportionately on those who have always been vulnerable. Following the Minister’s delivery of the proposals in the Dáil yesterday, we were obliged to seek information from different Departments. That is not reform. Reform would involve all of the relevant information being made available at once.

I join Senator O’Brien in condemning the proposed change to the disability allowance. It is the provision which stood out most for me from yesterday’s announcement. What is the rationale behind this measure? We are talking about young people with profound and multiple disabilities. They are not going into training schemes or work placements. In regard to the lone parent allowance, I have gone through every line of every document that was provided yesterday, but I cannot find the figures to justify this decision. What arrangements will be put in place for the transitional phase in respect of those who are currently in receipt of the allowance? A huge number of concerned lone parents are wondering what will happen on 1 January. There are no figures in any document produced yesterday from any Department which provide the rationale for this decision. Surely any decision which has such a significant impact on such large numbers of people should at least be an informed decision.

I am equally concerned about what is happening at EU level in advance of Friday’s summit. Serious decisions lie ahead of us, decisions which may ultimately make today’s discussion irrelevant. We must have a debate on what is happening in Europe. We are part of the EU and we must inform that debate.

Budget 2012 – Statements

6th December 2011

When I was speaking earlier this morning, I should have wished a happy St. Nicholas day to my colleagues in the Netherlands, for whom today is gift-giving day. I do not think the same can be said for here. I can understand now what people mean when they say that something was a game of two halves. There are many aspects of the budget about which we can speak positively, and there are some good initiatives, but due to the time constraints I am going to highlight the areas in which I have concerns and which I feel need more considered attention. Also on the subject of the time constraints, we need to consider having a debate in which Senators have an opportunity to make statements, because in this debate, the Minister, whom I greatly admire, took up a quarter of the time Senators had to give their statements.

The Minister for Public Expenditure and Reform, Deputy Howlin, said yesterday in the Chamber that we need to ensure the burden of our economic recovery is shared fairly. Sometimes I wonder about this. We talk of Ireland having experienced four years of hardship, which conjures up a notion that before that, everything was all right. Unfortunately, it was not. For many of the groups we are discussing today things were not just fine. The painful process of adjustment that the Minister for Public Expenditure and Reform spoke about yesterday impacts overwhelmingly and disproportionately on those who are and were already vulnerable. At the same time, there remain significant numbers of Irish citizens who are insulated and largely unscathed by this afternoon’s and yesterday’s announcements.

I understand it is unrealistic to expect that everybody should have the same standard of living, but we should be striving for greater equality of opportunity. The foundation for that must be protection from poverty, hardship and despair. Can the Minister confirm that the VAT increase of 2%, which will absorb 1% of the disposable income of the bottom 10% of earners but only 0.35% of the disposable income of the top 10% of earners, is an example of every effort being made to ensure that the burden of economic recovery is being shared fairly?

The budget was announced in two segments but it is actually split into multiple pieces. We still have a situation where each Minister is producing statements and I am still trying to work through all the details. Reducing the back-to-school clothing and footwear allowance has a severe impact on families. The Minister for Education and Skills hinted that he might examine directly off-setting that towards school uniforms or books. I would have liked that announcement to have been made. I also urge caution to my colleagues and the Minister for Social Protection. Yesterday, she compared child benefit rates with those in other countries. If one wishes to compare, one must compare like with like. While child benefit rates in Ireland are high, other countries provide free child care, free school books, free uniforms and free health care, so we should compare like with like.

This morning I raised the issue of the disability allowance for young people. The rationale is that we do not want young people with disabilities to be dependent on an allowance. However, many of these young people have profound and multiple disabilities. They are not going into training schemes or work placements, irrespective of their desire to integrate and participate fully in society. I realise that many people are getting allowances which might be questionable, but I am referring to the people with multiple and profound disabilities. There is no rationale for this and I urge that it be reconsidered. In addition, there is confusion about to whom the cut in disability allowance will apply. Will the Minister of State confirm that nobody currently in receipt of the allowance will have the payment reduced?

On the Order of Business this morning I took the opportunity to raise a number of questions and I am disappointed that I received no answers in the Minister of State’s opening statement today. Lone parents are very fearful at present. I talked to a number of them today. The budget introduces a number of measures which will have a severe impact on parents. There were a number of measures last year and they expected more, but they did not expect the drastic changes to come upon them so quickly. I looked at the figures in an attempt to justify the decisions, because I am trying to consider these decisions and their justifications fairly. I cannot find the rationale for this. We put questions to the Department of Social Protection but there are no figures to justify the decision. Again, there is a lack of clarity about how the cuts are to be implemented and what the transitional arrangements will be.

Budgets are about choices. The Minister can say it is easy for me to make these remarks but the Government decision to keep excise duty on alcohol at the same slashed levels as previous Governments, for example, means it has lost the opportunity to generate €178 million. If it had generated that amount, it would not have been necessary to make the changes to the lone parent, disability and fuel allowances or to student fees.

Criminal Justice – Female Genital Mutilation – Bill 2011 – Second Stage

2 June 2012

I thank the Minister for his comprehensive presentation of the Bill. I am delighted that we are discussing this legislation, which is the first measure on which I have shared my views. As previous speakers have said, this is a positive step and I hope the Bill will be passed without delay so it can be placed on the Statute Book. While my comments are aimed at strengthening and improving the Bill, I will be giving it my full support. I wish to thank the Children’s Rights Alliance, AkiDwA, Amnesty International Ireland and other NGOs for their briefings. I also acknowledge the leading and supportive role played by Senator Bacik on this important matter.
We all recognise the horrors of FGM as a gross violation of human rights, as well as being a critical issue concerning children’s rights and child protection. FGM has real implications for children living in Ireland today.

Families in Ireland from FGM practising regions have reported serious pressures from overseas families to bring their daughters back to have the procedures carried out. This Bill must make it abundantly clear that Ireland will not tolerate this practice. It must be passed to bring Ireland into line with the majority of European countries but, most importantly, it will help families and parents to counter pressure to submit their daughters to FGM. It should act as a deterrent to the continuation of the practice and deliver a clear preventative message.

I will use my time to focus on the Bill. As Senators, it is our duty to make this Bill as strong as possible. There are three important areas that I propose should either be amended or clarified. The first in regard to defences. I am extremely concerned about section 2 in terms of defences, which seems to allow for a surgical operation unnecessary for the protection of her physical or mental health. This is not an acceptable defence and should be removed. We know that FGM has no health benefits and involves removing and or damaging healthy and normal body tissue. I am also concerned that mental health could be used as a defence by a parent or guardian to remove a child from Ireland to undergo FGM abroad. If such a defence is used, that is tantamount to saying that FGM must be performed to ensure the mental health and wellbeing of a girl but I do not know how this could be used in a country like Ireland where FGM is deemed totally unacceptable. The use of such a defence effectively links mental health to culture, yet the Bill elsewhere rightly states that the defence of culture cannot be used.

The second issue I would like to mention, which several colleagues raised, is that of extra-territoriality. I welcome the inclusion of the vital principle of extra-territoriality, making it an offence for an Irish citizen or a person ordinarily resident in Ireland to commit or attempt to commit an act of FGM in another country. I note the Minister’s comments on this important issue but I am still concerned. Currently, the FGM act must therefore be illegal in the jurisdiction where the act takes place for it to be an offence. I am concerned about the issue of dual criminality, which the Minister has raised. This is an issue on which we need to send a very strong message to the effect that, regardless of the other country’s legal stance, in Ireland it is illegal and it must be illegal for a person to take a child to any other country. This to me is as important as terrorism and I would like that issue to be re-examined.

The third issue is in regard to the definition in the Bill on which many speakers have commented. The definition is close to the World Health Organisation’s definition, which the Minister referenced. I question why we would not use the World Health Organisations definition to ensure that it is abundantly clear.
I fully support the Bill, as drafted, but we could go further and send a very strong message.