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Seanad
‹ Order of Business

Political and institutional reform

Summary

Senator Mullen welcomes the children’s referendum but calls for impartial reform of judicial appointments and criticises the Government’s handling of public-service allowances; the Chair defers further discussion.

Ba bhreá liom mo dhea-mhéin a chur in iúl do mo chomhghleacaithe freisin agus muid ag teacht ar ais. Tá súil agam go mbainfidh muid tairbhe as an téarma seo agus ár ndualgais á chomhlíonadh againn. As we begin a new term, there are mixed messages coming from the Government on the issue of reform. The proposed wording for the referendum on children's rights is a positive development. We have work to do in the coming weeks in examining that proposal, and I hope we all do so with open minds. It is a welcome initiative which seems to me to contain much that is good. The Government's text represents a major improvement on the wording produced by the all-party Oireachtas committee. In particular, it strikes the required balance in its recognition that the State ought to intervene in exceptional cases but should always do so in a manner that is proportionate. That is a rich word - I acknowledge that it was included in the draft produced by the committee - and it is right and proper that it should be in our Constitution. Here is a real and welcome effort to honour the position of children in our society. Moreover, there is innovation in the specific reference to the need to consult with children in an age-appropriate manner in order to ascertain their views. We are set for a very positive debate.

I consider it appropriate to take the opportunity in this Chamber, just as I took the opportunity in the media today, to voice my hope that the Government's commitment to the protection of children will prove consistent in the coming weeks and months. I say this with specific reference to the work of the expert group that is considering our response to the decision of the European Court of Human Rights in the A, B and C case. It is vital that we cherish and protect children at all stages of their lives.

A good step has been taken today with this proposed referendum wording. I expect to see consistency from the Government in the commitment to protecting children's welfare at all stages.

I would be grateful if the Minister for Justice and Equality could attend the House for a debate in early course on prisoner releases. There is much talk, rightly so, about the release of one particular notorious murderer from prison after serving a term of 30 years. It is very unsatisfactory if the notoriety of a particular convicted person is a significant contributory factor, or a factor at all, in determining precisely how long that person spends in prison. That is the situation that we are in, however. It is one of two areas of reform that are needed and concern the role of the Minister for Justice and Equality. There has been talk of putting the parole board on a statutory basis but the decision-----

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Paddy Burke An Cathaoirleach Fine Gael

Is the Senator looking for a debate on this isue?

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I am coming to a conclusion shortly. The decision should not be one for the Minister or the Department. We need to put an appropriate body in place which will make such decisions in an impartial manner.

Another area where we need reform, also concerning the role of the Minister for Justice and Equality, is the appointment of judges. There is no doubt we have high quality judges. When they are appointed I have no doubt they serve without fear or favour and protect their independence jealously-----

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Paddy Burke An Cathaoirleach Fine Gael

I call Senator Jim D'Arcy.

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------yet there are criticisms that can be made about the way in which judges come to be appointed.

On the subject of reform, where we are not seeing reform-----

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Paddy Burke An Cathaoirleach Fine Gael

The Senator is way over time.

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-----is in the cuts in allowances in the public service. The Government is reaching less than one twentieth of its initial savings target.

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Paddy Burke An Cathaoirleach Fine Gael

The Senator will have to wait another day to raise that issue. I call Senator Jim D'Arcy as there are many other Senators who have indicated.

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It has shown no solidarity with younger people in particular by denying these allowances to new entrants but continuing to leave allowances in place for existing serving public servants.

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