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, It continues to be an exceptionally busy period for us in the Seanad with the Criminal Law (Human Trafficking ) (Amendment ) Bill 2013 and the Financial Emergency Measures in the Public Interest Bill 2013 being the most recent issues of interest to me in line with my particular interest in housing and finance, I welcomed the publication of the Personal Insolvency Guidelines. The guidelines will set a floor and not a ceiling on what is considered reasonable expenditure within a family budget and the amount those dealing with the new Insolvency provisions will be able to retain for their own use. A major area of concern for me as Spokesperson on Children and Youth Affairs is the very legitimate concern we should all have over the problem of childhood obesity and all the associated problems not only with their future health but low self- esteem and psychological issues resulting from peer pressure. Finally, my horror along with everyone else at the matters brought to light by the Prime Time investigation ‘ A Breach of Trust’ regarding child care standards in certain crèches in the State. While I appreciated the excellent work done by the investigation team, I expressed my deep dissatisfaction that these matters, which have resulted in a Garda investigation, had to be brought to light by RTE and did not come into the public domain through a HSE investigation. This in my opinion calls into question the performance of the HSE in this area suggests ‘light touch regulation’ and lack of public accountability historically.
Aideen with Conn Mc Carrick of Comhairle na nÓg, Dun Laoghaire
The programme raised two issues for me, firstly the quality of supervision put in place by the HSE within the formal childcare sector and equally important is the protection of children who are cared for informally. It is our responsibility to provide a clear level of security for those children. In the current recession many parents cannot afford formal childcare and are depending on casual arrangements including the engagement of au pairs where there is little or no vetting of those providing care. I strongly believe we need a national childcare plan which includes recognition of the casual nature of much of the childcare provided with the interests and safety of the child as our first consideration. It is not just a question of increasing the frequency of inspections but the quality of the inspections, the range, the follow up and the compliance. Overleaf is a number of the issues I have covered in this session and as always I continue to appreciate the feedback and contact 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
Speaking at the Women for Women event in Killiney
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
NATIONAL LOTTERY BILL Senator Marie Louise O'Donnell brought forward a Private Members Bill on the National Lottery and while I respect her bona fides on the matter and understand that she has very strong beliefs about the role and future of the national lottery in this country and the need to keep it within public ownership and within the Irish system. As a member of the Labour Party I too believe in State ownership. However, my view of that ownership is perhaps somewhat different in that I see State ownership more in the context of the State owning a basket of assets some of which, when the need arises, we can move around. We can change the inputs into and outputs from that basket. In other words, it is something that is there for us when we need it, whereby we can promote certain activities that we, as a country, want to promote. I am conscious that during the 1950s and 1960s the role played by State companies such as the ESB and Bord na Móna was critical in the commercial and industrial evolution of this State. These companies were supported by the Labour Party and every party within the State at different points in our history. Those companies were essential to the evolution of industrialisation in this country. Other companies were established because services cannot be provided unless they are provided socially, for example, transportation in rural areas, and so forth. I do not believe that my colleagues in the Seanad disagree that there is a role for State companies and, in particular, a role for their continuation. As the Minister has stated on other occasions, Irish Water is an example of how we are adapting as a State and moving forward with State companies to provide essential services that would not be provided unless the State engaged in the provision of such companies. Privatisation has a bad name. It is important for us to distinguish that we are not privatising the national lottery pe se, rather we are putting the licence up for sale, which is a critical difference. Again as I have stated on many occasions the situation is similar to that of a family with savings. There are times when there is a need to dip into the savings account. I have a strong belief, which I have outlined in regard to this matter, that I regard the building of a children's hospital as one of the top priorities of this Government. It is important to remember that during the decades of Fianna Fáil rule, while we were building ghost estates throughout this country and leaving 230,000 empty units behind, we did not build a single hospital. Let us be realistic - it is for that reason we are now in a position where we must find from somewhere the money to build a children's hospital. As anybody who has ever had a sick child knows, we are not properly served in this country by the institutions we have available to us to protect our children, especially those who have acute diseases such as leukemia and life-threatening illnesses. The national lottery has provided a very valuable service to this country but I believe that service can continue. The Minister has included robust protections and has stated on many occasions in this House that he is determined to protect the services that benefit from the national lottery. He has said on many occasions in this House that he is determined to protect the services that benefit from the national lottery. We have control over the terms under which the licence is offered and we are in a position, for example, to protect the retailers whose livelihoods will be affected. We are also in a position to protect the many good causes that will benefit from the national lottery in the future. I believe this could be an opportunity for the national lottery. There is an opportunity, for example, to tap into the Irish diaspora all over the world, who could contribute to an enhanced national lottery. We should not see this as the end for the national lottery but rather as a potential beginning. We should never see ourselves as being in a position where we cannot use State assets and State companies for the purpose for which they were intended, that is, for the betterment of the Irish people and Irish society.
PERSONAL INSOLVENCY. BANKS MUST BE HELD TO ACCOUNT I welcomed the publication of the Personal Insolvency Guidelines. The guidelines will set a floor and not a ceiling on what is considered reasonable expenditure within a family budget and the amount those dealing with the new Insolvency provisions will be able to retain for their own use. What’s more important is that these guidelines will provide certainty for those very worried people who have been waiting for the Personal Insolvency Act provisions to come into force so that they will know better where they stand going forward. These guidelines will also provide guidance for other financial institutions, which in some instances have treated individuals disgracefully examining household expenditure receipts in minute detail and even questioning families on where they do their shopping. It will be very difficult for banks and other financial institutions to justify that kind of intrusion where the expenditure concerned is meeting the Personal Insolvency minimum guidelines. I also called for the setting up of an expert free independent mortgage support and advice service paid for with bank funds. The current situation is not acceptable and banks must be held to account. A borrower dealing with a financial institution is not on a level playing field and because banks insist on dealing with everything on a case by case basis the whole process is shrouded in secrecy. While all cases are different there should be some certainty as to how a borrower will be treated both within individual institutions and between institutions. The current situation is prejudiced in favour of better resourced borrowers who can access advice. More vulnerable borrowers are depending on MABS who are over worked and under resourced and in some cases need to be able to access expert legal or accountancy advice to assist the client. The only other significant scheme available to distressed borrowers is unfortunately very limited and can only be accessed by borrowers after negotiations are concluded and a settlement is already on the table which is too late for any meaningful intervention. For every distressed borrower there is a lender who has to take responsibility for their part in this disaster.
HEALTH BEFORE PROFIT In support of Nourish Children Week, in April, I added my name to the call for a complete ban on vending machines in schools. Speaking in the Seanad I called on Minister Quinn to direct Headmasters and Headmistresses to remove vending machines from schools given that a Growing up in Ireland survey revealed the alarming fact that 1 in 4 children are overweight or obese. INDI has conducted a mapping exercise of childhood obesity services around the country which shows that there are only three childhood obesity prevention programmes for children who are identified as being at risk of becoming obese, operating across seven counties. There are only two group intervention programmes for obese children, operating across three counties and Temple Street Children's Hospital is the only children's hospital with an intervention programme for obese children. The cause of childhood obesity is known to be excessive calorie intake and lack of physical activity. The negative impact of childhood obesity includes serious medical problems, poor self-image and quality of life and a greatly increased risk of remaining obese into adulthood. The health of our children should far out weight the small contribution these machines must make to the running of our schools.
EXTRACTS FROM CONTRIBUTIONS TO SEANAD CRIMINAL LAW (HUMAN TRAFFICKING) (AMENDMENT) BILL 2013: SECOND STAGE The Bill essentially extends existing anti-trafficking legislation. Trafficking in persons for the purpose of sexual or labour exploitation is currently outlawed under the Criminal Law (Human Trafficking) Act 2008. The Act incorporated EU anti-trafficking standards as set out in an EU framework decision. However, these minimum standards were replaced by a further directive in 2011 which requires EU states to criminalise trafficking for forced begging for the purpose of criminal activities. This Bill deals with the requirement to amend Irish law accordingly. We were up to the wire on this one as April was the deadline. The Bill uses an International Labour Organisation definition and would place into Irish law a specific definition of forced labour. Forced labour is difficult to define and prove. The Bill also provides that public officials, as defined in the legislation, face harsher penalties than private individuals convicted of the same offences, and rightly so. Although our existing law under the 2008 Act is reasonably robust, and aside from the legal requirement upon us to transpose the directive into Irish law, the US State Department, which monitors trafficking internationally, has made recommendations to the Irish Government on how our anti-trafficking measures can be improved. It made such a report in 2012 and recommended that Ireland consider drafting specific amendments to criminalise forced labour in order to strengthen the existing 2008 legislation. One of the key points of the European Commission's report Trafficking in Human Beings noted that almost 24,000 people in the EU were identified as victims of trafficking over the 2008 to 2010 period. Of more concern is the fact that represented an increase of 18% over that three-year period. More importantly, the report noted that the level of trafficking convictions decreased by 13% in the same period. It is worth repeating that 79% of trafficking victims are female, of whom 12% are girls. It is a commonly held view that a lot of individuals involved in trafficking are from outside the EU but in fact, as the report identified, the majority of victims are from within the EU - mainly from Romania, Bulgaria, Poland and Hungary. The report cites statistics concerning those identified as victims of trafficking per 100,000 inhabitants for each EU country. Ireland came in at 1.7%, which is just below the EU average of two victims per 100,000 inhabitants. It is not necessarily something for us to be proud of. First of all, it is difficult to estimate with any degree of accuracy the numbers of people who are trafficked within Ireland. As the Migrant Rights Centre has reported, forced labour is a growing problem in Ireland. The centre has dealt with over 180 cases of forced labour over the last six years.
2008 legislation. For example, the US State Department noted that although it regarded our anti-trafficking legislation as robust, not a single case had been taken under the 2008 Act. Of the cases that were taken, there was only one successful conviction in 2011, which was presumably taken under other legislation. I am assuming that is because the 2008 legislation sets a very high bar for the successful conviction of persons for human trafficking offences. I asked the Minister to comment on whether it is deemed to be easier to secure convictions under other legislation. The fact remains that no matter how many laws we pass or how robust they are, if we do not prosecute under those laws, then it is not of any relevance to have them on the Statute Book. I welcome the extra-territorial measures in the Bill because human trafficking knows no borders. We have recognised the importance of extra-territorial issues in other legislation, including, for example, the female genital mutilation legislation introduced in 2012. I also welcome sections 2 and 3 which provide for additional sanctions on officers or employees of public bodies. It is interesting to note that the definition of a public body includes any "body, organisation or group financed wholly or partly out of moneys provided by the Oireachtas that stands prescribed for the time being (being a body, organisation or group that, in the opinion of the Minister, ought, in the public interest and having regard to the provisions and spirit of this Act, to be prescribed)". That is a very wide definition indeed and can potentially cover a very significant number of bodies which receive funding from the State. Forced labour is a modern day form of slavery. It behoves all of those bodies tasked in this area, including the HSE and the Department, as well as wider society to be conscious of the realities of forced labour. Indeed, organisations such as trade unions must be alive to the issues of forced labour. I was very interested in Senator van Turnhout's observations on the au pair industry. Indeed, I raised that issue myself in a previous debate on the vetting of persons working with children in the context of child protection. While hiring an au pair is, in theory, a very casual arrangement designed to provide a young person with the experience of living in another country, increasingly, due to current economic circumstances and the cost of child care, many people are using au pairs as the principal carers of their children. While it may not be possible for us, as a country acting alone, to regulate this area, it is something that must be examined at a European level because of the child protection implications.
One of the difficulties raised in the reports I have cited is the fact that we do not appear to be prosecuting to any great extent under the
Speaking at Labour Youth Event with Minister Jan O'Sullivan
Supporting Safe Ireland campaign
COMMERCIAL LANDLORDS NEED TO GET REAL
WE NEED AN NCT FOR RENTED PROPERTIES
When will Commercial Landlords realise the role they have to play in getting Irish retailers back up on their feet and get real about rents?
I called for an ‘NCT for housing’ to tackle unscrupulous landlords. Recent revelations that over 90 per cent of private rented flats inspected by Dublin City Council do not meet even the most basic of standards is unfortunately no surprise to me.
While I welcomed the news that the Pamela Scott stores have successfully exited examinership resulting in the saving of 137 jobs. Key to this has been the fact that negotiations with Landlords have resulted in a reduction of 40% in the Companies overheads. However, the most significant reduction has been in rents paid on premises which were crippling the company. It is a sad that many Commercial Landlords in this country still haven’t woken up to the truth of the matter that they are bringing Irish business down by not being prepared to renegotiate leases which have upward only rent reviews. It was only during the examinership process that negotiations, which should have been successful without the intervention of the courts, resulted in a game changer for Flairline fashions allowing them to pay market rents which reflect trading conditions going forward. We also see a similar outcome for B&Q Ireland where rents have been reviewed and 640 jobs saved, also as a result of the negotiations with landlords as part of the examinership process. Commercial tenants need a more realistic and practical procedure to review rents, it’s just common sense.
Some of these flats are in buildings that are more reminiscent of ‘Strumpet City’ than modern day in Ireland. Some 1,500 flats were inspected by the council as part of a one million Intensified Inspection Programme funded by the Department of the Environment t identify slum conditions in the city’s private rented sector. Almost 1,400 of them failed to meet the minimum legal standards for private rented accommodation. Many are in a shocking state of repair, with damp and mould growing on ceilings and walls, windowless rooms and exposed electrical wiring. Shared bathrooms and portable heaters in poor condition are not uncommon. Renting out substandard accommodation is a lucrative source of income for unscrupulous landlords who prey on vulnerable people. Dublin City Council and the Department of the Environment are therefore to be congratulated for tackling this problem head-on with a crackdown on slum landlords. The time has come however, for a new way of ensuring that tenants are protected. The onus should be on a landlord to prove that a rented property is safe and meets minimum standards. I proposed the introduction on an NCT for rented housing, like the system that currently exists for motor vehicles. Before a property is rented it should be certified as ‘fit for purpose’ with the relevant certificate displayed in plain view. At the moment it is up the local authority to prove that a rented property doesn’t meet standards, but under this new system the onus would be on the landlord to prove that their property is compliant. Inspections under this new scheme would be carried out by a qualified professional on behalf of the landlord. An NCT for housing would make it easier for local authorities to enforce the law and most importantly, it would give greater protection to tenants.
Planting of first tree of 'one million' trees initiative in Leinster House
Launch of the USI Rentbook in IADT Dun Laoghaire
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