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‘What’s happening to us as a country?’ Treatment of Brazilian au pair raises important questions.
Posted by: In: 01 Aug 2017 Comments: 0

‘What’s happening to us as a country?’ Treatment of Brazilian au pair raises important questions.

On the 20th July last, I spoke in the Seanad about the case of Paloma Silva-Carvalho, a Brazilian woman who was detained by the Gardaí and sent to the Mountjoy women’s prison — despite having legally entered the country. She had previously worked as an au pair in Galway. As the law stands, a Brazilian national may visit this country without a visa for up to 90 days. So what prompted the actions of the Gardaí?

Immigration is a difficult and complex matter and I have a lot of sympathy for those responsible for deciding when and how people can enter this country at a time when millions are in misery and thousands are desperate to reach our shores. But the least we can offer people trying to come to our country — whether they’re coming on holidays or trying to make a better life for themselves — is that the law be clear and its enforcement humane.

It is worrying that a nod-and-wink nastiness might have crept into our immigration control and I will be pressing this issue on the resumption of the Seanad to see how exactly the law is being enforced, whether there are other cases like that of Ms Silva-Carvalho and what the Department of Justice is going to do about this.

You can read my Seanad comments at this link.

Senator Mullen welcomes progress on Mediation Bill 2017
Posted by: In: 30 Jul 2017 Comments: 0

Senator Mullen welcomed the Government’s long-awaited Mediation Bill which came before the Seanad recently. Hopefully it will contribute to fewer expensive days in court for parties in dispute, and allow for more effective resolution of conflicts. Comments in the Seanad follow:

Ba bhreá liom fáilte a chur roimh an Aire. I wish him the very best in his new brief. Mediation is not a new concept. It has been in operation across various sectors in the State, as has been said, and it is an appropriate mechanism for various parties to arrange mutually acceptable solutions in different types of rows or disputes. This Bill is very welcome. It is a long time in the works, as has been said. We have accorded ourselves the reputation of being a litigious nation. I do not have the evidence to prove it but it seems we are quick to acquire the services of solicitors when seeking to rectify wrongs or perceived wrongs in civil matters. I hope this Bill can help to remove some of the impulsiveness and drama witnessed during some civil proceedings and

will allow for more measured ways of addressing disputes from the start before they escalate into intractable Bleak House-type situations of the kind described by Senator Burke, lasting up to 16 years. The resolving or circumnavigation of any intractable, stressful, financially crippling legal issues through appropriate recourse to mediation is very welcome.

By directing lawyers to advise their clients to consider mediation first as a method of resolving disputes, I hope the current overwhelming civil case load in the court system can be reduced, particularly as mediation becomes increasingly regarded as an acceptable and established way of resolving conflict among potential litigants, confidentially in many cases. I hope litigation will become more expedient as a route for people and that it will prove to be cost-effective in reality. Much time and energy are wasted in court at present on issues that could better be resolved and disposed of in mediation.

The Bill will mean a solicitor — or possibly a barrister in the future – must make a statutory declaration that he or she advised clients to consider mediation as a means of dealing with a dispute that is the subject of proposed proceedings. Solicitors must also provide their client with information on mediation services. This is a relatively innovative addition to the current civil legal framework.

I hope the Bill will have a positive effect on the way people communicate in personal arguments among themselves. I hope it will create in society generally a culture of compromise, in the good sense of the word, that

has been absent until now. It must be stated, however, that while the concept of mediation is great in theory, its applicability will vary in practice from case to case. Many aggrieved would-be litigants will still want their day in court and to have their costs fully paid.

This relatively short Bill has 23 sections and I believe it is flexible and fair overall. Section 6 provides that participati

on in mediation will be voluntary at all times, and allows for the withdrawal from the process by the parties involved, and also by the mediator. It also guarantees that independent legal advice can be availed of during mediation.

I wonder whether section 7(b), pertaining to the agreement to mediate, is too general or whether it could do 

with some additional wording. It states that prior to the commencement of mediation, a document should be signed by the parties and the mediator regarding the terms of reference for the mediation. The section uses the wording “manner in which the fees and costs of the mediation will be paid”. Has the existing wording the potential to be problematic? Will people who have never engaged in a mediation process before be nervous, or perhaps unsure of what to expect, and therefore unsure as to what a justifiable amount to be paid would be?

I remember when, as a barrister starting off, I was invited to conduct a mediation. It never came to pass. I went to a senior counsel in the Law Library, a person known for his affability and experience in the area of mediation and asked him how much I should charge for my role. He sat down, looked at me judiciously and asked me what I thought myself. I quickly realised he did not wan

t to give me an answer of his own making and that he wanted to avoid the question. Very often, the question of costs is one that people want to avoid in advance. I wonder whether it should be the case that the required document would provide for the manner in which the fees and costs of the mediation would be paid, to whom, by whom and by when. Would this add more certainty to stipulations regarding payments for mediation which themselves could become a very contentious issue?

I am conscious I am out of time. I do not want to hold up this Bill. It is very welcome. I comme

nd the Minister on brining it before the House. I hope it will lead to serving the public well, doing people good and helping them to avoid unnecessarily costly and stressful legal proceedings by providing ever more for a better way of dealing with their disputes.

Full debate available here.

Senator Mullen’s Speech on George Soros and Hungary at the Council of Europe
Posted by: In: 27 Apr 2017 Comments: 0

Senator Rónán Mullen addressed the Parliamentary Assembly of the Council of Europe during a Special Debate on Hungary, this morning,  27 April 2017.  Text of speech follows.

It is customary around here to congratulate people who publish reports, but I am afraid that this report is a bit of sick joke. I can only conclude that its proponents smoked something funny on the way to the PACE.

This report purports to defend civil society and the participation of ordinary people in public decision making.

Well, if that is the case, what a strange champion its authors have picked in George Soros.

When we examine Mr Soros and his Open Society Foundation, what we actually discover is the attempt to manipulate large numbers of people by paying people to occupy space in civil society and to seek special privileges for elite groups.

Here is why Mr Soros is putting hundreds of thousands of euro into the campaign to legalise abortion in Ireland, and we have Wikileaks to thanks for this revelation:

“With one of the most restrictive abortion laws in the world, a win there could impact other strongly Catholic countries in Europe, such as Poland, and provide much needed proof that change is possible, even in highly conservative places.”

And that in an Ireland with a consistently high maternal health care standard.

Until recently in Ireland, hardly anybody knew about all this Soros money.

And who are the children of Soros? People like the Commissioner of Human Rights, Mr Muiznieks, who told this chamber yesterday that “the right to life does not apply before birth”.

What a chilling and Orwellian statement. He mocks the freedom which the European Court concedes to member states to protect unborn babies in their laws, not to mention Paragraph 9 of the preamble of the UN Convention on the Rights of the Child which describes the need for ‘legal protection, before as well as after birth’ for the child. But Mr Muiznieks never objects to babies being aborted in Britain late term for conditions as treatable as cleft palate, and being left to whimper to their deaths in a sluice room or be injected in the heart with potassium chloride. That’s our human rights commissioner, child of Soros. And, of course, Mr Soros bankrolled Mr Muiznieks in the past.

What a mockery of the stated claim to ‘respect dignity of all persons’, and of the claim to support children’s rights and oppose violence?

This perverse selectiveness about human rights diminishes the moral authority of human rights defenders and gives comfort to regimes who disregard authentic human rights. It is a scandal.

So what are Mr Orban and his Government doing. Like Britain at the outset of the Second World War, they stand alone against a tyranny.

Mr Orban’s country is plucky. And its demands are reasonable.

It’s about transparency, friends. This Assembly is under a shadow at the moment because some of its leading lights are thought to have been taking money secretly from certain Governments in order to advance certain political ends. Shame on anybody here who attempts to deny that Mr Soros and his people seek similar secretive influence. Bankrolling organisations, secretly if possible, so as to create the impression of public opinion in support of their goals. That’s their game.

Mr Orban may not get everything right. And when he attempts to restrict free speech or harasses human rights defenders in the streets, you can expect my support. But don’t come into this chamber championing the right of foreign organisations to inject large wads of cash secretly into political organisations, left or right, in a given country. And please don’t sully the cause of authentic human rights by trying to clothe yourself in its mantle.

So let Mr Orban and his Government legislate. If you’ve a problem then, come back to us.

It might be worth asking, how many people who have spoken in this Assembly today have taken money, directly or indirectly, from Soros.

 

 

Senator Mullen Appointed Rapporteur on Palliative Care Report
Posted by: In: 12 Oct 2016 Comments: 0

Senator Mullen has been appointed Rapporteur on ‘The Provision of Palliative Care in Europe’, a new report commissioned by the Committee on Social Affairs, Health, and Sustainable Development of the Council of Europe. Senator Mullen is a member of the Irish delegation to the Parliamentary Assembly of the Council of Europe.

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Speaking after the meeting, Senator Mullen said he was pleased with this appointment as the need for high quality palliative care is an issue of concern to millions of people across Europe.

 

‘We need to ensure that a high standard applies across the board, and in a range of healthcare settings’, he said.  Senator Mullen said he looked forward to consulting with palliative care providers and experts in Ireland and elsewhere in the provision of the report.

Senator Mullen Delivers Guest Lecture on Easter Rising Leader at Stonyhurst College
Posted by: In: 11 Oct 2016 Comments: 0

At the end of September, Senator Mullen delivered a paper on Joseph Mary Plunkett to the students and staff of Stonyhurst College in England. Founded in 1593, Stonyhurst is a Jesuit public school in Lancashire, whose alumni include a signatory of the American Declaration of Independence and three canonised saints.

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Joesph Mary Plunkett was a signatory of the 1916 Proclamation and one of the key leaders of the Easter Rising. He is probably best known for tragically marrying his finacée, Grace Gifford, in Kilmainham Gaol on the eve of his execution in May 1916.

 

Besides his participation in the Rising, he was also a prolific poet and diarist, and a former student of Stonyhurst.

 

The speech is available here:

Joseph Mary Pluinkett Speech PDF

Sunday Independent Interview – ‘My family will celebrate Father’s Day, but dad won’t’
Posted by: In: 10 Oct 2016 Comments: 0

Mullen condemns ‘shambolic’ HSE policy for mental health services in Galway.
Posted by: In: 02 Sep 2015 Comments: 0

“HSE policy for mental health services requires an urgent reality check”

Independent University Senator Rónán Mullen has criticised the farcical state of mental health services in Galway. Speaking in the Seanad, Senator Mullen decried “a parallel universe in Galway where every rational policy is turned on its head and all common sense is thrown out the window.”

Senator Mullen accused the HSE of abandoning their “much vaunted ‘Vision for Change’ plan for mental health services which recommended that care be given close to the communities where the patients live.” “Instead, the HSE’s plan is to centralise mental health treatment into a leaking and over-crowded mental health unit in the University Hospital in Galway city which is in appalling condition,” Senator Mullen said.

“Meanwhile, instead of waiting for the Galway city unit to be completed, the HSE closed a state of the art mental health facility at St Brigid’s Hospital in Ballinasloe which cost over €3 million to renovate. Furthermore, last year it was announced that the Bons Secour Hospital in Tuam, called the Grove Hospital locally, was to get a €3 million renovation to turn it into a mental health day hospital. But that plan has not left the drawing board, and considering all the broken promises one doubts it will ever see the light of day.”

Senator Mullen continued by highlighting the painful human cost for families caused by negligent HSE policy. “While the farce of closing units before new facilities are ready is HSE policy, we are still sending vulnerable patients abroad for urgent treatment. I speak to families struggling to cope with loved ones suffering from mental illness; they see their only option is to seek treatment abroad. Treatment abroad puts enormous strain on the patient and the family members,” Senator Mullen said.

“The HSE policy for mental health services is shambolic. Centralisation of these services runs completely contrary to their promised community-based focus and is causing many families in Galway and elsewhere unnecessary pain. It requires an urgent reality check,” Senator Mullen concluded.

 

25th June 2015

Children’s Bill “wrecks” Government’s credentials on defending best interests of children
Posted by: In: 26 Mar 2015 Comments: 0

“Farcical that we are running this Bill through the Seanad like an express train”



Independent University Senator Rónán Mullen was sharply critical of the Government’s Children and Family Relationships Bill, during his Second stage speech in the Seanad this afternoon.

 

Senator Mullen told Minister Frances Fitzgerald that the Bill would destroy her legacy and that of the Government as defenders of children’s rights and best interests.

 

There were features of the Bill that were “unobjectionable and indeed desirable”, Senator Mullen said. But the “legislation contemplates and facilitates a very fundamental attack on a child’s rights – by allowing some children to be deprived of the right to be brought up by their own mother and father or, in any event, by a mother and father.”

Senator Mullen accused the Government and the political parties of groupthink similar to that which led to the collapse of the Celtic Tiger.

“Important questions merit detailed and careful consideration. We should be guided by values and sober reflection when faced with making major changes to our society. Where would we be now if the Bank Guarantee was debated and considered, instead of being rushed through?”

“If this is true of economic policy, how much more true is it of the welfare of children?” Senator Mullen asked.

“With this legislation, history is repeating, in the social sphere, the tragedy of the groupthink that saw the Celtic Tiger boom and then bust. It is remarkable, and tragic, that this Bill saw no substantial changes in the Dáil.”

Mullen criticised the Government for rushing the Bill through the Seanad ‘like an express train’ merely to pretend that the marriage referendum had no connection with children and parenting issues. “Let’s recall that The Animal Health and Welfare Act has 78 sections and took 13 months before enactment, as every line was pored over, searching for problems and unforeseen consequences. This Bill has over 172 Sections and the Government wants to enact this Bill within weeks.”

“Obviously this Oireachtas believes that Animal Welfare deserves more careful consideration than Children’s Welfare.”

Senator Mullen also said the Government was ignoring the “explicit provisions of the UN Convention on the Rights of the Child” recognising a child’s rights to his or her father and mother except where the child’s welfare required otherwise. “The UN treaty references to parents do mean ‘mother’ and ‘father’, Minister. And this is no more than what most people all over the world have believed since the dawn of civilisation – that children are best brought up by their biological parents. I have heard Geoffrey Shannon, the Special Rapporteur on Child Protection, acknowledge more than once that ‘two biological parents in a low-conflict marriage’ provide the ‘gold standard’ environment for the upbringing of children. Nowhere does your legislation, Minister, acknowledge, reflect or attempt to promote this. And that is shameful.”

Senator Mullen also criticised the Children’s Rights lobby for failing to stand up for children’s rights in this instance. And Senator Mullen noted that the Minister for Health, Leo Varadkar, had not explained his abandonment of his 2010 statement that every child “has the right to a mother and father and, as much as is possible, the State should vindicate that right.” “This Bill shows the State not only denying the right of certain children to their fathers and mothers, but in particular separating such children from their genetic mothers or fathers or from both genetic parents during their formative years. And that’s supposed to be just fine for the children? The Beatles sang that ‘All you need is love!’ but that was never meant to be a legislative proposal. There is a right to the love of each genetic parent, and it shouldn’t be deliberately interfered with.”

The Senator concluded by saying that the Bill would be central to the debate about the forthcoming marriage referendum. “The timing of this radical Bill today is all about pretending that the change in the Constitutional meaning of marriage has no implications for children’s rights to a father and a mother. That is yet another way in which children’s rights are being subverted, for other more political, adult-centred purposes.”

“But this political cynicism is futile. Because the issues remain intricately connected. This Bill will need to be radically amended to restore the primacy of children’s rights and welfare. The Constitution, if it is changed in the way the Government proposes, will block the Oireachtas from restoring the prior right of children to fathers and mothers, where possible their own fathers and mothers.”

If the referendum failed, would the Government accept that children’s rights to fathers and mothers was the core issue, Senator Mullen asked. “And will the Minister commit to revisiting this legislation in that event?”

Senator Mullen will table a number of amendments to the legislation at Committee Stage.

Whistleblower Protection in Lobbying law
Posted by: In: 05 Mar 2015 Comments: 0

Mullen presses Howlin officials on whistleblower protection in lobbying law

 

“New law mustn’t stop confidential disclosures of wrongdoing to TDs and Senators”


Independent University Senator Rónán Mullen today met with officials from the Department of Public Service and Reform to press for protection of whistleblowers in the new Regulation of Lobbying Bill  and regulations.

Senator Mullen told Minister Brendan Howlin of his concerns about the legislation during the recent passage of the legislation through the Seanad. Minister Howlin undertook to see whether the problem could be addressed through an appropriate regulation under the Bill.

“My concern is that people might wish to contact TDs and Senators, through a representative organisation, to advise the Oireachtas of some kind of wrongdoing that has taken place and which would be relevant to politician’s consideration of a Bill or other measure.”

“This happened in my own case a couple of years ago when I was given information relevant to the Defence Bill, which the then Minister for Justice, Alan Shatter, had not given the Oireachtas.”

“In a similar case today, under the new legislation, I would be concerned that people with information about wrongdoing would take no step to inform TDs and Senators, lest their involvement with the disclosure become traceable because their organisation would have to disclose the ‘lobbying’ involved.”

“It is important to bring about transparency in lobbying situations, but it is also important to protect a zone of confidentiality within which TDs and Senators can learn of wrongdoing, if this is material to their consideration of laws or policies.”

Senator Mullen expressed satisfaction with the officials’ willingness to consult further with himself and other Oireachtas members about the kinds of situation involved, but said he was concerned that the Department was not yet ready to craft a regulation to take account of those situations.

“The problem is, we won’t discover situations where people don’t report wrongdoing because of the fear of this legislation. We’ll just be none the wiser, and the public interest will have suffered.”

Urgent measures needed to tackle housing crisis in Galway
Posted by: In: 18 Feb 2015 Comments: 0

Government not doing enough to meet immediate needs of many families – Mullen

Independent NUI Senator Rónán Mullen has called on the Government to take immediate action to alleviate the pressure on families renting accommodation in Galway.  He criticised the lack of urgency on the part of the Minister for Social Welfare, Joan Burton to tackle the problem of rising rents in Galway city and county.

Senator Mullen said:

“The Minister for Social Welfare promised increased spending on social housing last December.  While this is welcome, new houses take time to come into the system. Right now there is an immediate need for increased rent allowance to alleviate the pressure created by rising rents in Galway city and county.  Last year rents rose every quarter in Galway amounting to a 7% increase over the year. The result of these increases is that on average the monthly cost of a three bedroom house in the city is now €853. Additionally just before Christmas, rents in Loughrea saw an increase of almost 1.5%  and an increase of 1% was recorded in Tuam.”

He continued:

“Rising rents in the residential sector have made it impossible for families who do not have a steady income to keep up with rent. Any family depending on social welfare will not be able to rent a three-bedroom  house or apartment for nearly €900 per month. A mother of a young family in Galway city contacted me. Her family has been on the housing list for seven years and were told to expect to wait ten years for a house.  With children sitting state exams this year it is unacceptable that this family risks being homeless or in unsuitable emergency accommodation due to the rising rents in the city.”

“Unfortunately this story is not unique. The housing lists in Galway city and county are hopelessly long. Combined with fast rising rents and a lack of alternative accommodation, some of the poorest families are being caught in a trap. Urgent solutions are needed. The Government must introduce a temporary increase in rent allowance until the promised new social houses are available.  Families simply cannot afford to wait”,  Senator Mullen concluded.