I ask the Leader for clarification from the Minister for Health on the circumstances of a somewhat troubling event that occurred in Cork in the South Lee mental health services in the past few weeks. One of the nursing staff is also a member of the Psychiatric Nurses Association, Mr. Des McSweeney and was part of an expert committee planning future services in the unit that was to be redeveloped.

The Senator should refrain from naming individuals in the House.

I am not saying anything bad about the person concerned; I am praising him.

It does not matter. The person is not here to defend himself. It is long-standing practice in the House not to name people who cannot defend themselves.

He wants to contact Mary Lou in the other House.

I am quite happy to take responsibility for naming Mr. McSweeney in the House.

That is not the issue.

A member of staff, who was also a member of an expert committee which was planning services for the hospital, disagreed with some of the proposed developments. He gave a public interview about them and suddenly found himself suspended. I believe he has now been reinstated, but it is very troubling to me that the HSE elected that this gentleman be suspended from his duties pending an investigation. I believe the decision was taken by the HSE, not at local level. I personally believe people who work in the health services should have an absolute right to involve the public in debate about critical issues of policy. An assumption is sometimes made by officials who run the health service that they are the only non-self-interested party in the entire portfolio of people who have opinions and power in the development of the health service. This is very sinister. At the time of the Harney consulting contracts - I am sorry, am I allowed to say "Harney"? At the time of the Harney consulting contracts ten years ago, I voiced grave concerns about the possibility of a gagging clause in the consultants' contract. More recently, we successfully prevented any gagging clause from being inserted into the new GP contract. I would be very troubled indeed if our nursing colleagues were being silenced or gagged, especially when they have representative positions.

I want to take a moment to compliment the Minister for Justice and Equality, Deputy Frances Fitzgerald, on addressing the law relating to sentencing for burglaries. I ask her to consider redesignating the crime of breaking into and entering an occupied house as a crime against the person rather than a crime against property. The act of breaking into a house where there may be a family, children or an old person should be regarded as a form of assault, even if no physical assault occurs because circumstances intervene.

A few weeks ago I asked a question of the Leader which he was unfortunately unable to answer because he developed a very dry throat. He had a coughing attack and was not able to give his usual very full and comprehensive answer to questions. I hope he is feeling better. I asked if the Government would consider the possibility, in view of the highly intimidatory, extra-judicial and extra-jurisdictional attempt by international tobacco companies to prevent the Government from exercising its right and duty to protect the health of its own citizens by introducing appropriate tobacco control legislation, of proscribing any company which seeks to subvert our democracy, legally or in any other way, as an illegal organisation in the same way it proscribed the organisations that murdered so many of our citizens during the conflict in Northern Ireland. Would the Minister consider the possibility of introducing a referendum to make a very simple amendment to the Constitution to include a statement to the effect that the Constitution does not protect the right to tobacco commerce? Tobacco companies would then exist at the pleasure of the elected Legislature.