SEANAD NEWSLETTER
Welcome to the latest Newsletter from Senator Aideen Hayden.
Senator Aideen Hayden Kilfane, Upper Albert Road, Glenageary, Co. Dublin Tel: 01 618 3178 Mobile: 087 231 1921 Email: aideen.hayden@oir.ie Web: labour.ie/aideenhayden
Seanad Labour Spokesperson on Housing, Children and Youth Affairs Member of the Joint Committee on Finance, Public Expenditure and Reform
Dear friend, The Seanad finished up this term with a particular air of sadness for many of my colleagues as we knew we would facing in to a Referendum on our return that could well mean the end of the Seanad’s existence. (See overleaf on this issue) We also had a long intense debate on the Protection of Life in Pregnancy Bill and while I sincerely respect the right of all my colleagues to express their concerns I was disappointed by the tone and deliberate abstractions engaged in by a few but unfortunately vocal number among us. I, however, along with my Labour colleagues was respectfully proud of the progress we have made with this Bill. For many of us who have experienced the frustrations of campaigning for this type of legislation, this was an achievement but there is more to do. I asked the Leader of the Seanad to facilitate a debate on the issue of mortgage repossessions and the banking system in general, at the first possible opportunity after the recess. I have questioned the apparent message from the Central Bank that the interests of the lenders are paramount and will not in any way be subservient to the interests of the borrowers. On a number of occasions I have called for a debate at which the Minister for Finance would be present in order to discuss the banking system. I do not think that letters to say the ‘code of conduct on mortgage arrears is none of his business’ is an adequate and sufficient response from the Minister. A debate on banking is critical in the context of where we want to go in September. A resolution of the mortgage crisis is one of the most pressing issues, as discussed over the past months, which will not go away over the summer and will be waiting for us in September. The latest IBF figures on mortgage lending showed that lending is down by 20%, from 2,630 mortgages in the first quarter of last year to 2,068 mortgages in the first quarter of this year. I am sick of seeing the advertisements everywhere from the various pillar banks stating that they are open for business and please come in because they are dying to lend money. This statement is misleading and deceptive. Unless we get the mortgage market operational again, there will be major difficulties. I hope you are enjoying this wonderful weather and as always I continue to appreciate the feedback and contact that I have had with many of you and your comments and perspective are truly important to me so please feel free to contact me at aideen.hayden@oir.ie
I am delighted to invite constituents to contact me or to join me in Seanad Eireann, for a visit or tour of Leinster House. For updates and links to my speeches please check out my Seanad facebook page. You can contact me at aideen.hayden@oir.ie facebook.com/ SenatorAideenHayden Speaking at the Tom Johnson Summer School
EXTRACTS FROM CONTRIBUTIONS TO SEANAD
REFERENDUM TO ABOLISH THE SEANAD As Whip of the Labour Seanad group I have supported the Bill to call a referendum. I welcome the prospect of a debate on both the future of the Seanad and the wider political system, as media attention has not tended to follow Seanad activities in the past, which is a pity. The holding of a Constitutional Convention and a referendum on Seanad abolition were both commitments in the programme for Government. The programme for Government did not exclude the possibility that the Convention would discuss the matter of Seanad abolition. I believe the Convention was weakened by not being able to discuss a proposal which is so central to our system of Government. It is important to bear in mind that the Convention is an important departure in the Irish political scene. The issues it has been discussing include the review of the electoral system; reduction of the Presidential term to five years; provision for same-sex marriage; deletion of outdated clauses on women in the home; the removal of blasphemy from the Constitution; and the possible reduction of the voting age. However, I believe the Convention's remit has been weakened by the failure to include a discussion on the Seanad. I have been very impressed by the standard of debate at the Constitutional Convention at which every strand of society is represented. The debate on political reform which did take place has been critical of the current political system. Clientelism is seen as a distinct feature of Irish politics. Members voted that Dáil Éireann should be permitted to appoint people who were not Members of the Oireachtas as Ministers in order to broaden the field of expertise, because it was perceived that the expertise among Members of the Oireachtas was insufficient. Members of the Convention also expressed the majority view that Ministers, on their appointment, should resign their Dáil seats on the grounds that it would allow them to get on with the job instead of spending their time fixing potholes and, as it were, looking after their constituency.
Reform of the political system should be taken as a whole, and the Seanad is clearly a part of it. While the Government has moved to strengthen other aspects of government, such as local government, which has been cited by An Taoiseach as a reason we can now move forward with the abolition of the Seanad, I do not believe we are there yet, by any manner of means. It is worth remembering that if one looks closer at the reasons successive Governments saw fit to reduce the powers of local government, they included a concern with decisions being made for the wrong reasons and a preoccupation with parish pump politics. Reform, therefore, unless it is meaningful reform with appropriate local accountability and with local resources spent locally, will not greatly improve the democratic process. The jury is therefore still out. The Taoiseach has also indicated that to fill the gap in legislative scrutiny which he accepts would follow abolition of the Seanad, the legislative process - in particular the committee system - will need to be reformed and reorganised to ensure adequate legislative scrutiny and checks on Government are in place. Many experts point out that the Irish Parliament is one of the most Executivedominated parliaments in Europe and the OECD. As reflected in the debate in the Constitutional Convention, it is difficult to envisage how the Dáil as currently constituted is going to carry out the functions which the Taoiseach has set out for it. Deputies experience too much pressure to spend as much time as possible in their constituencies, and will resist taking on more legislative work. Having had the experience of sitting in the Seanad, I have become aware that it does a very valuable job that cannot be lightly cast aside. With the low confidence in the system as it currently stands, with very weak local democracy and a Dáil whose members are strongly locally focussed, there stands a significant danger of greatly weakened oversight of legislation if we abolish the Seanad without other major constitutional changes. I am calling on the Taoiseach to commit that if the referendum does not pass, he will refer the matter to the Constitutional Convention.
SPECIAL OLYMPICS PRIVATE MEMBERS BILL Ireland was one of the first states to sign the UN Convention on the Rights of Persons with Disabilities at UN headquarters in New York in March 2007. It was welcome that Ireland signed the convention and recognised the right of persons with disabilities to live with equality, dignity and respect. It must be noted however that, although we signed it, Ireland is one of three countries in the EU which have yet to ratify the convention on human rights for persons with disabilities. Austerity and economic crisis are not valid or appropriate reasons to fail to ratify what constitutes a recognition of the basic human dignity of person with disabilities. None of us can fail to have been moved by the Special Olympics event which was held in Dublin in 2003. The event in Croke Park was one of the most magnificent I have ever seen. It was deeply moving and had an incredible impact on the country. Special Olympics and athletics for people with a disability With Minister Kathleen Lynch on the day of Senator Mary Moran’s private members motion open doors and present unimagined possibilities, not on the Special Olympics only for participants but for volunteers, coaches and other supporters. They give all of us a belief in a brighter future and an acceptance of every member of our society, irrespective of his or her capacity. There is an enormous, positive message that no matter what one's disadvantage in life, there is a role and a prize that anyone can achieve. Special Olympics fosters inclusion in our society. Funding for Special Olympics is critical. It is not a luxury, it fosters an inclusive society. In 2003, 30,000 people from across the country volunteered to work at the world games. It was an incredible national achievement. I wish we could extend that cohesion across every aspect of exclusion. Every Government can and should support Special Olympics, which represents a unique experience for those participating and for those who assist. I have called on the Minister of State to take a positive approach to its funding.
EXTRACTS FROM CONTRIBUTIONS TO SEANAD MORTGAGE ARREARS: MY CONCERNS OVER THE NEW BILL The Land Conveyancing Law Reform Bill 2013 is part of a wider strategy to permit easier repossessions. I have some deep concerns about it, as do well-respected organisations such as the Free Legal Advice Centres, FLAC. I am calling on the Minister to review the revised code of conduct on mortgage arrears as a matter of urgency. Too much power has been placed with the lending institutions. In particular, giving a lender the discretion to decide what constitutes a sustainable and affordable solution for a borrower goes against the principles of natural justice, and the Bill may be unconstitutional on that basis. A more level playing field must be introduced to balance the rights of borrowers and lenders, including an adequate appeals process. There is no provision for expert legal and accounting advice for borrowers negotiating with lenders. While the Money Advice and Budgeting Service, MABS, is a wonderful organisation, it is woefully under-resourced in this crisis. I regret the Bill's timing. It would have been more appropriate to introduce it when the personal insolvency service was up and running, and the manner in which the service was going to do business was clear in the public mind. We have not reached that point. The Government and the Central Bank have attempted to force the six main mortgage credit institutions to offer solutions to distressed borrowers. While the 2013 mortgage arrears resolution targets are well meaning, they have yet to show tangible results. It would have been wiser to propose this legislation after the efficacy of the solutions being offered to borrowers could be seen to be just. I distinguish between those who will not pay or are reluctant to reach agreements with their lenders and those who cannot pay. There are some people who could make payments but choose not to do so. They do an incredible disservice to those who must deny themselves and their children basic necessities to make mortgage repayments. Among this latter group, there is genuine fear that this legislation, intended for others, will be used to dispossess them of their homes. We must address this concern by demonstrating that we are willing to listen to them.
EARLY INTERVENTION Governments in this country have invested €1.3 billion in early childhood in the past decade. I believe in those ten years we have developed a better understanding of the importance of early intervention in ensuring better lives for our children, whether that be in education, health, welfare or of course child protection. The children’s referendum signifies the importance which this government place on Irish children, along with the appointment of a full Cabinet Minister for Children. I wish the referendum had been passed with a greater majority, although I understand that an element of the reluctance of many Irish people to vote for the change stems from the failures of this State in the past to protect children. As someone who is passionately committed to equality in Irish society, I have no doubt that the sources of inequality are there at a very early stage in a child’s life. Children who come from families where there is a high standard of education and a commitment to learning will do better in school. Children who go to school properly nourished learn better and evidence shows that the level of nutrition that children receive from birth or before influences brain growth and activity. Barnardos estimate that for every euro spent on intervening in a child’s life the state ultimately saves €8. Professor Pat Dolan at NUI Galway estimates that there is evidence that over time there is a €29 return to the State for every euro spend on early intervention. Clearly the evidence is that something can be done. For example, there is evidence that measures such as the free preschool year make a real difference to children’s lives. The work of Barnardos and others working with vulnerable young children is also of great importance. The Ballymun Partnership also works with parents to promote learning from an early age through the Young Ballymun initiative. I have asked the Minister therefore to be very cautious in cutting youth services, particularly those which have enormous importance in deprived areas such as Blanchardstown, for example. A little money goes a long way in many of these projects and they are critical to the outcomes for many vulnerable children. I really hope that the new Child and Family Support Agency fulfils all of the hopes being placed in it and I have asked Minister FitzGerald to publish the Heads of the Bill soon.
I am well aware that a lender ultimately has to have recourse to charged assets. Countries which have an inadequate legal system have, as a result, an inadequate mortgage system. If we want to see the recovery of our housing market, we need to see a robust legal system where lenders have access to such assets. However, this is not the right way to introduce this legislation. I have asked the Minister to consider delaying the implementation of this legislation until such time as the Personal Insolvency Service of Ireland is up and running and we see what results come forward from the six banks required to reach agreement with borrowers. I have also brought a major concern to the Minister's attention which relates to homes in the private rented sector. The Governor of the Central Bank of Ireland, Professor Patrick Honohan, has stated that he foresees that repossessions will be focused on the buy-to-let property sector and not on family homes. We must understand that currently 20% of the entire housing market comprises people renting their homes, so while they may be “buy to let” properties they are someone’s family homes. If such properties are to be taken over by lending institutions, they should be subjected to the same legal obligations towards the tenants living in them as the previous landlord – this is a gap in the legislation which I am working to have addressed.
Supporting Youth Work Ireland
PROTECTION OF LIFE IN PREGNANCY BILL I was fortunate enough to attend the hearings of the Joint Oireachtas Committee on Health and Children and was privileged to hear the views of the various professionals working in the fields of obstetrics, gynaecology, psychiatry and medical ethics. Having listened to all of those views, I believe the crux of the matter in that legislation is not the liberalisation of abortion law in Ireland but the protection of a pregnant woman's life and that remains the central point. This legislation is part of a longer term effort to change attitudes to priorities during pregnancies when life is at risk. I was brought to see "The Shoes of the Fisherman" for my Confirmation. In that film a Pope chooses the life of the unborn child over the life of his own sister because it has not yet been baptised. As an impressionable 12 year old, it left an indelible mark on me and, dare I say as a practising Catholic, a deep suspicion sometimes of the church's teaching in regard to the equal rights of women. Aideen speaking in the Seanad 70,000 women give birth every year in Ireland and, fortunately, for the vast majority of them, it is a good experience with a healthy outcome for both the mother and the child. However, as we are aware and as has been made abundantly clear, there has been a lacuna in the law for many years. The position of a pregnant woman who experiences a risk to her life is not certain. If there was that level of certainty in Ireland about the treatment of a pregnant woman, we would not have seen the national outcry we saw over the Savita Halappanavar case. There should never be a doubt in regard to a pregnant woman and she should receive every assistance to protect her life, including the termination of her pregnancy where needed. Indeed, I would go further and say that if there is a significant threat to her basic health, it should be treated in the same manner. This Bill puts it beyond doubt that the medical profession is empowered to do what is necessary to protect a pregnant woman's life in the event of a serious threat. It gives certainty to those treating a pregnant woman that the law will protect them if they act in the best interests of a woman. It was clear during the Committee hearings that the medical professionals sought that clarity. We all know, as Ireland is a small country, that some hospitals are preferred by women over others because they believe their lives will be protected to a greater extent in those hospitals. All women should know that, irrespective of where they live, their lives are just as important and will be protected. I was very struck during the Committee hearings by the views expressed by many members of medical profession that there should be no difference between the threat to the life of a pregnant woman arising from medical reasons or from mental health reasons. We should remember that it is 21 years since the Supreme Court decision in the X case, which recognised that the threat of suicide was a threat to a pregnant girl's life. I, for one, have confidence in the psychiatric profession to put the best interests of their clients first and to consider all available outcomes for their clients, as they are required to do under the proposed legislation. Whether termination is ever a solution is a matter for those charged with protecting the life of the pregnant woman or, indeed, a pregnant child. I believe pregnancy can lead to suicide. In 1983, we passed the constitutional amendment prohibiting abortion but in 1984, a 15 year old girl, Ann Lovett, died giving birth underneath a grotto. Can we doubt that there were pregnant abused children in this country who chose to jump into a river or take some other way out? I have no doubt that has happened. I am aware there are concerns regarding the time limits on termination in the case of suicidal intention but I was reassured by experts, such as Dr. Rhona Mahony, master of National Maternity Hospital, regarding medical practice in these situations. It is also clear that the right of a woman to have her life protected is not time limited in respect of either a medical threat or a mental health threat, nor should it be. It is worth remembering that in excess of 4,000 women with Irish addresses travelled to England and Wales last year for a termination of pregnancy. I fear this legislation will not change that situation and women will continue to vote with their feet. However, what is important about this legislation is that women who find themselves too ill to travel or children in the care of the State will have their needs better protected than currently. That we continue to ignore the needs of women who must leave this country for a termination and have done so over many decades is a disgrace and one that will continue for the foreseeable future. This legislation is measured. Indeed, far from permitting the opening of the floodgates, it may actually limit opportunities some seeking terminations. It will give reassurance to women in Ireland that medical professionals can put their best interests first. I regret that this legislation does not go further. We have failed Irish women, in particular in the area of fatal foetal abnormalities. However, that will be a matter for another day.
Contact Senator Aideen Hayden Kilfane, Upper Albert Road, Glenageary, Co. Dublin
facebook.com/ SenatorAideenHayden
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Tel: 01 618 3178 Mobile: 087 231 1921 Email: aideen.hayden@oir.ie Web: labour.ie/aideenhayden