Order of Business - 19th February 2008

Order of Business – 19th February 2008
Senator David Norris: I had intended to second
Senator O’Toole’s amendments but a little outbreak
of Kerry collegiality deprived me of the
opportunity to do so. I appear also to be similarly
silenced by the Cathaoirleach with regard to the
proposals for the repair of this Chamber and its
ultimate destination. The Cathaoirleach has no
need to wave his glasses at me and the Clerk need
not whisper either because I do not intend to
break the Chair’s ruling. I will observe it and he
should restrain himself.
An Cathaoirleach: The Senator should speak
on the Order of Business.
Senator David Norris: If we are to be spancilled,
when will the House have an opportunity
to discuss the matter? This is an important question,
particularly for those of us who have been
in receipt of communications from constituents.
While some of those I have received have been
balanced, others have been neurotic and abusive
and assume that I am personally responsible for
the desecration of the museum next door.
3 o’clock
If Senator MacSharry is interested in Seanad
reform, he should note that when, at the beginning
of this session, I tabled a bundle of recommendations
which emerged from a
series of discussions, including the
deliberations of a cross-party committee
chaired by the then Leader, Senator
O’Rourke, who is now a Member of the Other
House, the Government side voted against them.
That shows how serious the Government is about
Seanad reform. It has been indicated in the press
that some reform may by introduced, led by the
Minister for the Environment, Heritage and
Local Government, Deputy John Gormley, which
will be targeted, perhaps exclusively, at the university
seats in order that we may be effectively
neutered and the whole constituency opened up
to political hackery. The Government will not get
away with that.
An Cathaoirleach: The House can discuss that
issue in due course.
Senator David Norris: I hope to speak on the
very important issue of autism on Thursday when
I will take a divergent view from that of the Minister
for Education and Science. I deplore the fact
that in the past week or so the Opposition in the
other House twice targeted Ministers by suggesting
they had deliberately absented themselves to
travel abroad on frolics, whereas they were
engaged in State business. This hockeying up of
Ministers in their absence when they are engaged
in valuable work does not do credit to politics. I
point to the tradition in this House, from which
the other House could learn, of not referring to
the absence of Members.
An Cathaoirleach: As the Senator is aware, the
proceedings of the other House are not a matter
for this House.
Senator David Norris: As the Cathaoirleach is
aware, I made my point before he ruled. I always
observe his rulings.
An Cathaoirleach: I ask the Senator to speak
on the Order of Business.
Senator David Norris: In 2003, the House
passed important legislation implementing the
partial incorporation of the European Convention
of Human Rights into Irish law. This provided
for a declaration of incompatibility as a
result of court proceedings. The first such
decision was handed down on 14 February in a
very important and sensitive case taken by a
brave citizen, Dr. Lydia Foy, who was the victim
of gender identity disorder. It is important that
we examine what was said in the ruling by Mr.
Justice McKechnie who found against the State.
There is a certain leeway because if the decision
is not appealed, the Taoiseach must, within 21
days, place this information and the order declaring
the incompatibility before both Houses of the
Oireachtas. Mr. Justice McKechnie expressed disappointment
at the failure of the Government to
follow the important decision in the European
Court of Human Rights in 2002 in the Goodwin
v. the United Kingdom case and his warning in
an earlier stage of the Lydia Foy case. It is a pity
that once again in these sensitive areas Ireland is
isolated in Europe and is in the company of only
Andorra and Albania in not having recognised
transgendered persons. Why not be adult and
mature and take action before the courts force us,
as a Legislature, to act?