3 o’clockPrelude
Visit of American Delegation.
Ceisteanna — Questions.
Job Creation
Priority Questions.
Dairy Industry.
Fisheries Industry Development.
Food Industry.
Common Agricultural Policy.
Other Questions.
Tax Yield.
Retail Sector Developments.
Milk Quota.
Adjournment Debate Matters.
Leaders’ Questions.
Requests to move Adjournment of Dáil under Standing Order 32.
Order of Business.
Institutional Child Abuse Bill 2009: First Stage.
Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage.
Commissions of Inquiry: Motion.
Aviation (Preclearance) Bill 2009 [Seanad]: Second Stage (Resumed).
Aviation (Preclearance) Bill 2009 [Seanad]: Committee Stage.
Adjournment Debate.
Bilingual Messages.
Sport and Recreational Development.
Crime Prevention.
Special Educational Needs.
Written Answers.
Pigmeat Sector.
Afforestation Programme.
Aquaculture Development.
Installation Aid Scheme.
Food Safety Standards.
Farm Household Incomes.
Farm Advisory Services.
Farm Inspections.
Bovine Disease Controls.
Aquaculture Development.
Meat Processing Sector.
Grant Payments.
Meat Processing Sector.
Dairy Industry.
Rural Environment Protection Scheme.
Farm Waste Management.
Agri-Food Sector.
Rural Environment Protection Scheme.
Dairy Industry.
Sheep Identification Scheme.
Agri-Food Sector.
Grant Payments.
Food Labelling.
Forestry Sector.
World Trade Negotiations.
Aquaculture Development.
Dairy Industry.
Fishing Industry Development.
Dairy Industry.
Sheep Sector.
Food Industry.
Live Exports.
Grant Payments.
Disadvantaged Areas.
Common Agricultural Policy.
Statutory Levies.
Common Fisheries Policy.
Rural Environment Protection Scheme.
Farm Retirement Scheme.
Farm Safety.
Common Agricultural Policy.
Grant Payments.
Fisheries Protection.
Fishing Industry Development.
Grant Payments.
Dairy Industry.
Grant Payments.
Dairy Industry.
Agrifood Sector.
Farm Safety.
Departmental Funding.
Dairy Industry.
Sheep Sector.
Common Fisheries Policy.
Dairy Industry.
Equine Identification Regulations.
Departmental Schemes.
Grant Payments.
Farm Inspections.
Agrifood Sector.
Social Welfare Benefits.
Value for Money Reviews.
Departmental Expenditure.
Programmes for Government.
Work Permits.
Value for Money Reviews.
FÁS Training Programmes.
Company Closures.
Departmental Correspondence.
Business Regulation.
FÁS Training Programmes.
Departmental Expenditure.
Redundancy Payments.
Work Placement Programme.
Enterprise Stabilisation Fund.
Employment Strategy for People with Disabilities.
Community Employment Schemes.
Proposed Legislation.
Departmental Contracts.
Insolvency Payments Scheme.
Work Placement Programme.
Exchequer Savings.
Public Service Contracts.
Pension Provisions.
Value for Money Reviews.
Public Service Contracts.
Tax Code.
Flood Relief.
Tax Collection.
Members’ Remuneration.
Departmental Expenditure.
Tax Code.
Tax Yield.
Tax Code.
Pension Provisions.
Tax Yield.
Valuation Orders.
Departmental Allowances.
Tax Code.
Departmental Contracts.
Dormant Accounts Fund.
Health Services.
Pre-school Services.
Social Welfare Benefits.
Services for People with Disabilities.
Social Welfare Benefits.
Inter-Country Adoptions.
Hospital Waiting Lists.
National Treatment Purchase Fund.
Nursing Homes Repayment Scheme.
Hospital Services.
Hospital Procedures.
Health Services.
Pre-school Services.
Services for People with Disabilities.
Children in Care.
Pharmacist Numbers.
Value for Money Reviews.
Health Services.
Cancer Treatment Services.
Pharmacy Training.
Infectious Diseases.
Hospital Charges.
Health Service Staff.
Company Compliance.
Health Service Staff.
Hospital Services.
Medical Cards.
Health Services.
Children in Care.
Health Services.
Pre-school Services.
Hospital Services.
Medical Cards.
Health Services.
Departmental Expenditure.
Medical Cards.
Health and Safety Regulations.
Children in Care.
Mental Health Services.
Children in Care.
Garda Vetting Services.
Children in Care.
Hospital Services.
Health Services.
Commissions of Investigation.
Health Services.
Hospital Services.
Pre-school Services.
Nursing Homes Repayment Scheme.
Medical Cards.
Cancer Screening Programme.
Hospital Procedures.
Hospital Services.
Hospitals Building Programme.
Nursing Home Subventions.
Medical Cards.
Health Services.
Organ Retention.
Health Services.
Sale of Tobacco Products.
Hospital Services.
Health Services.
Medical Aids and Appliances.
Mental Health Services.
Hospital Waiting Lists.
Nursing Homes Repayment Scheme.
Health Services.
Vaccination Programme.
Food Labelling.
Pharmacy Regulations.
Industrial Disputes.
Health Service Staff.
Hospital Services.
Health Service Staff.
State Airports.
Road Network.
Value for Money Reviews.
Departmental Expenditure.
Health and Safety Regulations.
Rail Safety.
Aviation Safety.
Crime Levels.
Citizenship Applications.
Prison Staff.
Residency Permits.
Citizenship Applications.
Residency Permits.
Value for Money Reviews.
Property Transfers.
Garda Operations.
Asylum Applications.
Citizenship Applications.
Asylum Support Services.
Drug Offenders Register.
Citizenship Applications.
Security Industry.
Asylum Applications.
Garda Deployment.
Departmental Expenditure.
Garda Vetting Services.
Garda Investigations.
Visa Applications.
Property Services Regulation.
Garda Strength.
Garda Training.
Refugee Status.
Residency Permits.
Asylum Applications.
Defamation Proceedings.
Legal Aid Service.
Property Services Regulation.
Firearms Legislation.
Asylum Applications.
Liquor Licencing Laws.
Court Procedures.
Proposed Legislation.
Value for Money Reviews.
Departmental Expenditure.
Overseas Visits.
Departmental Expenditure.
Value for Money Reviews.
Departmental Expenditure.
Sports Capital Programme.
Departmental Funding.
Value for Money Reviews.
Departmental Funding.
Departmental Expenditure.
Departmental Funding.
Grant Payments.
Departmental Funding.
Birth Certificates.
Social Welfare Benefits.
Value for Money Reviews.
Child Support.
Social Welfare Appeals.
Departmental Staff.
Departmental Expenditure.
Civil Registration.
Departmental Staff.
Social Welfare Appeals.
Social Welfare Fraud.
Social Welfare Benefits.
Social Welfare Code.
Social Welfare Appeals.
Defence Forces Equipment.
Value for Money Audits.
Defence Forces Recruitment.
Departmental Expenditure.
Defence Forces Reserve.
Local Authority Housing.
Social and Affordable Housing.
Value for Money Reviews.
Capital Assistance Scheme.
Housing Policy.
Homelessness Strategy.
Social and Affordable Housing.
Local Authority Housing.
Social and Affordable Housing.
Planning Issues.
Private Rented Accommodation.
Traveller Accommodation.
Housing for People with Disabilities.
Social and Affordable Housing.
Planning Issues.
Waste Disposal.
Grant Payments.
Shared Ownership Scheme.
Departmental Expenditure.
Child Care Facilities.
Housing Aid for the Elderly.
Natural Heritage Areas.
Housing Grants.
Planning Issues.
Water and Sewerage Schemes.
Docklands Development Project.
Planning Issues.
Fire Statistics.
Capital Grant Schemes.
Planning Issues.
Litter Pollution.
Waste Management.
Departmental Expenditure.
Litter Pollution.
Departmental Correspondence.
Alternative Energy Schemes.
Value for Money Reviews.
Departmental Expenditure.
Alternative Energy Projects.
Telecommunications Services.
Natural Gas Grid.
Telecommunications Services.
Salmon Fishing Licences.
Appointments to State Boards.
Broadcasting Legislation.
Farm Waste Management.
Foreshore Licences.
Fisheries Conservation.
Value for Money Reviews.
Harbours and Piers.
Grant Payments.
Departmental Expenditure.
Grant Payments.
Farm Inspections.
Foreshore Licences.
Cattle Identification Scheme.
Farm Waste Management.
Redundancy Payments.
Grant Payments.
Aquaculture Development.
Live Imports.
Harbour Authorities.
Fisheries Protection.
World Trade Negotiations.
Food Safety Standards.
Food Industry.
Animal Numbers.
EU Legislation.
State Laboratories.
School Transport.
Residential Institutions Redress Board.
School Staffing.
Student Support Schemes.
Early Retirement Scheme.
School Staffing.
Schools Building Projects.
Special Educational Needs.
Value for Money Reviews.
Schools Building Projects.
Special Educational Needs.
Schools Building Projects.
Special Educational Needs.
School Staffing.
Third Level Education.
Third Level Fees.
Schools Building Projects.
Departmental Expenditure.
Science Facilities.
Special Educational Needs.
Third Level Charges.
Special Educational Needs.
Adult Education.
Special Educational Needs.
Schools Building Projects.
School Staffing.
Schools Refurbishment.
Higher Education Grants.
School Staffing.
Psychological Service.
Disadvantaged Status.
Special Educational Needs.
School Staffing.
School Accommodation.
Special Educational Needs.
Higher Education Grants.
Schools Building Projects.
Special Educational Needs.
School Placement.
Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m. Paidir.An Ceann Comhairle: Before proceeding with business, I wish on my own behalf and on behalf of the Members of Dáil Éireann to offer a cead mile fáilte, a most sincere welcome, to a congressional delegation from the United States of America led by Congressman Richie E. Neal. These are true friends of Ireland and I express the hope that they will find their visit enjoyable, successful and to our mutual benefit.
1. Deputy Eamon Gilmore asked the Taoiseach if he has received a response to a letter he sent to the Irish Congress of Trade Unions on 20 May 2009 in which he proposed the use of social welfare funds to pay for a new jobs initiative; and if he will make a statement on the matter. [21498/09]
2. Deputy Enda Kenny asked the Taoiseach his recent proposals to the social partners regarding the use of social welfare funds to support job creation; if he has received a response to his letter in this regard; and if he will make a statement on the matter. [22277/09]
The Taoiseach: I propose to take Questions Nos. 1 and 2 together.
Arising from discussions with the Irish Congress of Trade Unions and IBEC, the Government has proposed some specific further measures to be taken reflecting the framework agreed with the social partners in January and subsequent consultations. The Government plans to introduce a new scheme to support jobs in addition to the already significant measures introduced to support jobs and competitiveness.
The temporary employment subsidy scheme aims to help the economy retain its productive capacity through the downturn, to help employees retain their jobs and to promote economic and fiscal stability. The scheme will be designed and implemented to minimise the risk of deadweight or displacement while not inhibiting the adjustments which will be necessary to underpin economic recovery at enterprise level. The scheme will involve a subsidy to firms to retain a person in employment for a period which would be limited to 15 months or the end [248]of 2010, with a subsidy of a maximum of €200 per week per employee and a tapered reduction towards the end of the period.
Eligibility for the subsidy will be determined based on certain criteria, including that the firm is a manufacturing or internationally-traded services company, that it is currently engaged in exporting, that a financial assessment establishes that it is now facing significant difficulties as a result of the crisis, that it is viable in the medium term and that it has already taken restructuring measures to improve its competitive position including appropriate measures to address work processes and cost issues. The scheme will operate under the terms of the European Commission’s temporary aid scheme for Ireland and implementation will be overseen by a national monitoring committee with representatives from the social partners, as well as relevant Departments and agencies.
The terms of the scheme may be adapted in the light of experience and an allocation of €250 million is being made available at this time. The Government has indicated its intention to have further discussions with the social partners on other measures to maintain employment and help those who lose their jobs. Given that considerable resources are already being spent on this agenda, including social welfare payments to those on part-time working, this new proposal, and our willingness to consider further measures including in the light of experience with this scheme, the Government believes that Congress’s ambition for an allocation of €1 billion to the jobs agenda is achievable. The Government has also reaffirmed its objective of ensuring that the rate of home repossessions should remain at its present low levels and we have agreed to establish a mechanism whereby the social partners will be involved in monitoring the situation and advising on any further policy responses which may be required.
The Government’s proposals have been published and placed in the Oireachtas Library, and are being considered by the social partners. The ICTU and IBEC are also considering proposals on private sector pay which have emerged from recent discussions between the parties to the transitional agreement under Towards 2016.
Deputy Eamon Gilmore: I have looked at the document the Government has placed in the Oireachtas Library that sets out the proposals it has made to the social partners and I would like to ask some questions about the proposed temporary employment subsidy scheme. Has agreement been reached with the social partners on the establishment of the scheme? Is the €250 million for the full duration of the scheme, which will last for 15 months, or is it an annual amount? Does the Government intend stepping up to the plate on the proposals made both by ICTU and IBEC for a €1 billion scheme and that the proposal for a €250 million employment scheme will be part of a wider approach?
What is the estimated number of people who will take up the temporary employment scheme? When will it start and when will applications be entertained? To whom will applications be made and by whom will they be made — the employers or individual employees?
The Taoiseach: This proposal was formally put by the Government in the past week to ICTU and IBEC on foot of progress in discussions that are ongoing. There is agreement in principle and there will be a formal signing off when they come back to us in due course. I expect the steering committee on social partnership to meet in the next few weeks — certainly before the break — and we will then be in a position to proceed with the implementation of the scheme by early September.
The Deputy asked whether the allocation being made was the full amount or an annual amount. This is the initial allocation that is being made based on the national monitoring committee that will sit to assess the scheme. We are prepared to ensure that the scheme works [249]in the best possible way in terms of effectiveness, achieving the broadest possible application and avoiding displacement effects. It will be based on applications by companies for support. There are other initiatives that we also need to consider with regard to short-term working and helping employees individually. There is an ongoing discussion among the Department of Social and Family Affairs, the Department of Enterprise, Trade and Employment and the social partners with the aim of devising a scheme that will be helpful in this regard and that will be available to all, although there are complications in respect of those who work weekends, six-day weeks and so on. It is a technical exercise.
I am conscious of the fact that ICTU, in its submission on the issue of support for economic recovery, gave priority to job retention, jobs initiatives and the building of a scheme with a billion-euro response. It is not about the figure itself, but it is an indication of the priority the Government gives to this area. This is something upon which we are all agreed. As I have indicated, there will not be any problem on our part with regard to its application. The resources used for passive income support under the social welfare scheme will be used for job retention in an active labour market. That makes sense for everybody, including taxpayers. I am anxious to communicate the Government’s willingness to continue to provide for the scheme on the basis of its effectiveness and take-up. We will work on that.
If we look at the scheme in terms of how many jobs it will retain, we are talking about tens of thousands — beyond 30,000 — even with an allocation of €200 million or €250 million. However, this is in addition to other labour market responses announced in the supplementary budget, as Deputies know, and we are prepared to consider other measures in an effort to ensure that we maximise effective responses. When we experienced increases in unemployment during past recessions, active labour market policies evolved and were modified based on experience. The inclusion of representatives of the social partners in the national monitoring committee ensures continuous participation by the social partners, including ICTU.
The Deputy asked to whom would one apply to participate in the scheme. It is intended that the scheme will be run by Enterprise Ireland and the county enterprise boards. As to when it will start, I expect the steering committee on social partnership to meet in mid-July and, as Deputies know, ICTU will have its annual conference this coming week. A meeting will take place thereafter in which we can finalise the details and prepare the scheme for its introduction.
Deputy Eamon Gilmore: As the Taoiseach is aware, the Labour Party has been arguing for some time for labour market measures, particularly ones utilising money that would otherwise be spent on social welfare payments, in an effort to protect and save jobs. We consider this initiative to be a first step in this direction. Whether it is sufficient is another question, but I welcome it as far as it goes.
My questions to the Taoiseach pertain to two other matters referred to in the document and in his reply. The first is training and education. The document refers to the provision of 128,000 places by FÁS and 146,000 in further education. These are impressive figures but I presume in both cases they reflect mainly existing numbers of students and trainees who are already in the system. What do the proposals provide for in terms of additional places in further education and training?
Second, the Taoiseach said that people’s difficulties with mortgage repayments and the prospect of home repossessions have been considered as part of the talks with the social partners. I draw his attention to the concern expressed by the Master of the High Court that there will be an “avalanche” of repossession applications in the autumn. There were 207 repossession cases taken in the High Court in the first three months of this years compared with 96 in the same period last year. The Master of the High Court says he is now hearing some 100 cases per week. While it is comforting to know the social partners are talking about repossessions, [250]what comfort can be given to those whose homes are being repossessed and from whom financial institutions are seeking repossessions? Is it intended to offer some type of home guarantee to those who have lost their jobs, whose businesses are in trouble and who are finding it difficult to make mortgage repayments which will ensure they will retain their home at least for a period of time and get through these difficult times? What is the Taoiseach’s view of the warning by the Master of the High Court — the person who deals with these matters — that the courts will face an avalanche of repossession applications in the autumn?
The Taoiseach: In regard to home repossessions, our approach is based on helping people to manage the situation through the supports we already offer and ensuring they come to a sensible understanding with their financial institution on how to proceed. A code of conduct is in existence which we intend to put on a statutory basis in order to ensure there is proper behaviour and an understanding and empathy on the part of financial institutions towards people who through no fault of their own, because of changed circumstances, will require assistance in the short term and possibly means by which they can rearrange their finances over a longer period. There are many arrangements to which financial institutions can come in this respect.
Despite what is claimed in some press coverage, the level of owner-occupied homes being repossessed through the courts remains very low. I am aware of the comment made early last week by the Master of the High Court. While there is absolutely no room for complacency and we intend to monitor developments closely with the social partners, in the context of the hundreds of thousands of mortgages in existence it is important to point out that the level of repossessions in the State compared with other jurisdictions is very low. That reflects better economic circumstances, but it also reflects the implementation of the code of conduct. There is a need to include those financial companies not currently within the remit of the code and to place the code on a statutory basis. That will provide us with the means of ensuring that behaviour one would not regard as reasonable or decent in the circumstances does not become a prevalent response. It is in the interests of both institutions and borrowers to find another course of action that will allow people, over time, to resume repayment of their debts. As I said, we are working to ensure it is done properly and that the process is monitored closely.
In regard to the additional training and education supports that are in place, the document presented to the social partners outlines the many important additional resources that were provided in the supplementary budget. Deputy Gilmore is correct that not all of these training and education places are on an annualised basis, although some are, particularly in the training area. However, it gives an indication of the throughput and activity that is taking place, with 128,000 training places and 164,000 in the broad education area. The opportunity to take up these reskilling or further education opportunities will assist people in the current situation. In addition, the €100 million enterprise stabilisation fund is being drawn down and is working well.
As I stated, there are an additional 50,000 workers in part-time arrangements who use the short-term social welfare code. Other jurisdictions have taken measures because they do not have the type of flexible arrangements in their social welfare codes as we have here, particularly with regard to short-time working. The support we provide in our code for those who are out of work for two or three days per week is not necessarily available in other jurisdictions where some short-term help has been provided, for example, to water workers in some continental jurisdictions. These countries do not have the ability to use income support measures under the social welfare code as a means of compensating people for the loss of productivity and, ultimately, for the wages and remuneration they would have received had they remained in full-time employment.
[251]Deputy Enda Kenny: While I recognise this is a start, it is a belated start. Will the Taoiseach confirm that 98.5% of the workforce is excluded from the Government’s proposal to provide €250 million to protect 30,000 jobs? I agree this is a frustrating time for employers who find themselves in a position in which employees must be let go. If employees are let go and a company goes out of business, it is difficult to get the firm up and running again. Job retention should be as much a primary focus for the Government as job creation.
Will the Taoiseach provide a few practical examples of how the proposed initiative will work and indicate when it will start? An employer in Clara, Portlaoise or Tullamore with ten employees is not bringing in money because the economy has declined. He or she is unable to pay service providers because he or she does not have an income flow and he or she is strapped by the bank because he or she cannot obtain overdraft facilities which are probably being cut back. The employer will either have to ask for further wage cuts, introduce a three-day week or let staff go. How and when can an employer in the Taoiseach’s home town or any other town apply for a subsidy under the Government’s scheme to retain employees?
Arising from this, the Fine Gael Party has argued that it is wrong in a country of this size to have 400,000 people on the live register. The Taoiseach will be as aware as I am of the frustration, difficulties and anger experienced by those who, through no fault of their own, find themselves out of a job, in receipt of unemployment benefit or assistance and unable to find work. Is it the Government’s intention to transfer the social welfare payments such persons would receive once they have been assessed directly to employers as a subsidy to take on such persons in particular positions? Will the social welfare payment be transferred to applicant X who is being let go or is out of a job? Is the scheme confined to only 30,000 employees in particular sectors?
The Taoiseach: In any employment strategy the most important means by which we can maintain and create jobs in this time or any other time is to be a very competitive economy, acknowledge the changes that have taken place in the internationally traded environment and ensure we can provide quality goods and services at a competitive price to meet demand, albeit depleted demand in the context of the current global recession. Without sustainable public finances, to which we are committed, we cannot arrange for economic recovery. Without competitiveness in the economy, we cannot maintain 1.8 million people in work. We have lost the guts of 190,000 jobs in the past 12 months in terms of people coming on to the register. This is an indication of the seismic impact in real economic terms of the worldwide recession on Ireland as a small open economy.
The Deputy asked what short-term measures we can take. Obviously, we must take short-term measures which do not distort the existing market. We must ensure that a person in a traded sector that is not internationally traded does not get a subsidy at the expense of a person in another town down the road. He is telling me this is a distortion that does not benefit anybody.
The purpose of EU temporary aid schemes which allow for state aid in this area is to support viable businesses. It is important therefore, that criteria are met regarding viable but vulnerable enterprises and jobs that would otherwise go. The template in terms of the stabilisation fund is working well for people in the export business. It is true that the scheme does not apply in respect of domestic retailers because it aims to protect companies in the traded sector which are competing internationally and are doing what they can to maintain market share. That is the best means of ensuring value for taxpayers’ money and complying with EU state aid rules, which set a limit of €500,000 per company. It is important that we work within the parameters.
While it is true that the measures are short-term, they are necessary. They work along similar lines to the stabilisation fund in terms of selecting vulnerable companies which will be able to [252]survive the recession with some assistance and which are themselves doing all they can. We are not necessarily working from a blank sheet, therefore. Companies which are in that position will be able to apply for the new measures.
In regard to the financial mechanism by which they work, the intention for the remainder of this year is to use the moneys which are not at present used in the training fund for the purpose of financing the scheme. When we come to the end of the financial year, the training fund will be replenished by the moneys saved from the social welfare budget. If one takes X euro, the money is replenished at the end of the year and an Estimate provision is made next year. The question is how to transform passive income support in social welfare into an active employment subsidy payment in a way which avoids additionality of income because at the end of the day one cannot play with the same money twice.
Deputy Enda Kenny: I will try to be positive. The Taoiseach is as aware as I am of the critical nature of the unemployment situation. In the case of fiscal regimes which are not working because of the depressed state of the economy, is the Government considering an economic stimulus that would create jobs? When the rate of capital gains tax was set at 40%, things slowed down to a minimum but when the rate was reduced by the then Minister for Finance, Charlie McCreevy, things began to move rapidly again. The housing sector is practically at a standstill but reducing stamp duty to 2% for second-hand houses would give a stimulus to couples who are working and who might want to purchase. Neither of the two rates of VAT is operating at a level which the Taoiseach or anyone else would like. Does he see a potential, even over the short term, for reducing the lower level of VAT, in particular, to 10%? This would provide a stimulus to the hospitality sector, the tourism industry and smaller construction activities. Most Irish employers who employ small numbers of people would be able to get moving again because there would be an injection of confidence.
In respect of employers who want to take on new staff, how does he react to the Fine Gael proposal to abolish PRSI where young employees are hired for a period of two years? This would avoid the situation whereby young people who are emerging onto the market are forced to apply for unemployment assistance and thereby fall into a rut at a very early stage.
Last weekend, I read the comments by the chief executive officers of most of the bigger firms in the country, particularly in the communications, digital information and IT sector. All of them, without exception, said that if the country does not deal with digital information and broadband, we are kidding ourselves. We have been messing around with this for the past 15 years. In fairness, back in the early 1980s Ireland was in the top five European countries for communications capacity, but we have slipped seriously since then. Those CEOs say that if one wants the best schools and scholars and wants young people to be able to measure up to the competitiveness of their peers around the world in the next ten, 15 or 20 years, one must get the lead out, invest and do the job. The Taoiseach and I know that we have not done that job and, given the way we are heading, we will not be able to compete.
There is massive potential for job creation in this regard as well as the capacity it would give Ireland to compete internationally in future. Is the Government looking at this from the perspective of shifting priorities within its public capital programme and setting a timescale for implementing this work? Under the Coveney document, Fine Gael proposes a commercially-driven company to provide broadband and digital information capacity all over the country with a specific timeline and investment. It would be funded in part from the National Pensions Reserve Fund and from the European Investment Fund. Will the Government recognise the scale of the problem and get down to doing what is necessary? There is room for that kind of [253]initiative, but courage is required to do it. The future lies in that area and if we do not deal with it, we will only be leaving ourselves further isolated from our counterparts both in Europe and beyond.
The Taoiseach: As regards the suggestion of a buoyancy effect in the midst of a deep recession, the reduction of VAT in the neighbouring jurisdiction, for example, has not had the buoyancy effect because demand is the problem. In addressing the public finance position, we must protect our taxation base. In fact, all the advice for the coming months concerns the need to broaden the tax base, rather than narrowing it. As regards stamp duty, we are seeing real reductions in the price of housing, which is determining a small pick-up in terms of sales over the past month or so. One would have to be tentative in making any comment about that, however. We are not suggesting that we are seeing a resurgence in house purchases. However, the idea that a reduction in stamp duty would provide a return to normality is not borne out by the objective facts. In my time as Minister for Finance, I adjusted to a more helpful way of dealing with stamp duty issues for first-time buyers of second-hand homes. First-time buyers of new homes are exempt anyway.
It is important to protect one’s tax base in the context of having lost almost 30% of that base in the last two financial years. People will have to consider that fact carefully. That is borne out by the fact that, as regards Exchequer returns thus far, there has broadly been a maintenance of the projection profiled in respect of tax take, albeit a take that is far lower than previous years, including last year. Going from budget to budget, rather than introducing different fiscal responses during the course of a financial year, provides us with that prospect of stability on the tax run, albeit at a reduced rate of take than was the case in the past for a range of reasons, including the level of economic activity which determines the whole matter in any event.
Specific questions on broadband can be tabled to the Minister. Much more progress is being made in that area than is being given credit for. There are certain market issues that must be addressed in the context of the provision of these services. However, I cannot give a further response to the Deputy’s question on the issue at the moment.
Deputy Enda Kenny: The Taoiseach may answer the next question about the direct transfer of subsidies for persons who are unemployed. Does he see the Government dealing with the question of transferring the social welfare of persons who are unemployed and looking for work to their employers?
The Taoiseach: We are open to implementing schemes and using the social partnership process as a monitor in any way that will convert passive income support into support for job retention and employment. The fundamental context in which all that must happen is to improve the competitiveness of the economy, something that is being done in many ways. However, in respect of short-term measures, the initial amount of €250 million is not a cap. It is about evolving policies and continuing discussions in terms of employee focused help on short-term social welfare provision, as well as helping companies that have been identified as being able to take up employment subsidies under this scheme and maintain jobs that would otherwise be lost. It is a question of devising the schemes to avoid the effect of displacement and distortion. One must be fair and reasonable to everybody in the system.
Deputy Caoimhghín Ó Caoláin: The Taoiseach’s letter to the Irish Congress of Trade Unions was in response to its proposals on job creation and a protection plan. ICTU has indicated that his letter was too vague. Can he be specific on what ICTU claims is the need to ensure the social welfare system supports alternatives to redundancy? Will he support ending the requirement that workers must be fully unemployed before receiving welfare, as this clearly removes [254]any possibility of training? Will he support basing the social welfare payment on lost earnings, rather than on the number of days lost? Where workers are in receipt of family income supplement, will the Government allow the retention of this much needed payment where the hours worked are fewer than 19 per week? What about the potential to modify the mortgage interest supplement and other secondary benefits? The rules pertaining to both of these should support alternatives to redundancy.
ICTU and a number of other concerned bodies have put forward proposals on the economy. Our party put forward 80 proposals on getting Ireland back to work through job creation, job retention, creating sustainability and helping people to avoid joining the ever lengthening dole queues. While I welcome the indication of the establishment of a scheme to subsidise workers in viable businesses struggling to survive in the current recession — a proposal we had put forward — we need to see greater monetary support for such a proposition. How quickly will the Taoiseach be in a position to outline the modalities of its introduction? How will it work? How will people access it? How does the Government intend to bring into effect this proposal?
There has been a great effort made by ICTU and many others in submitting proposals, including our own submission before the emergency budget in April. The Government has not yet presented a distinct set of intentions — we can only propose, it makes the decisions — regarding job retention and job creation. I purposely put job retention first with the impending loss of a further 320 jobs in Bus Éireann. That is just one example. What is the Taoiseach going to do in regard to that vital public service as an indictor of his real intent to save jobs and sustain public services?
The Taoiseach: I cannot answer every specific question. In regard to Bus Éireann, with a drop in passenger numbers and activity, that reflects back in terms of what the company can do to retain jobs and to maintain that position against a background of reduced revenues and passenger numbers. Unfortunately, it is one of the difficulties that company faces in having to manage its affairs.
There is an ongoing question on specific job initiatives but the need to avoid a distortionary effect, to find consistency of approach and to avoid discrimination against one set of workers as against another in terms of how one implements change is not a simple area. It is one in which much technical discussion is taking place under the aegis of social partnership in an effort to see what way we can design other measures, some of which have been proposed but about which there are some issues that we are trying to resolve in a way based on the fact that the taxpayer is borrowing €70 million per day just to keep current services going.
It is important we find a way forward which keeps the pitch level and provides the assistance which will be effective. While people can put forward any number of proposals, they must pass those tests and criteria of availability to all and sundry in an equitable and fair manner.
It is important at this stage of the discussions that the Government is in a position to indicate its intention in this area without closing off trying to make progress in other areas which remain under discussion. However, the discussions have not been completed yet because the problems which arise in regard to the applicability and application of some of these ideas need to be resolved in a way which does not discriminate.
Deputy Denis Naughten: The Taoiseach gave a commitment through prompt payments that the State would pay all moneys due to individuals and small businesses within 15 days. That has not been delivered on, especially in the case of the Department of Agriculture, Fisheries and Food which is taking months to process initial applications for the farm waste management [255]grant. What is the timeline for delivering on prompt payments for small businesses and individuals?
Does the Government intend to review the tendering process because many small businesses do not have the opportunity to compete for public tenders due to the structures in place and the need for a significant amount of insurance and so on? Will the Government review that on the basis that it would make it more efficient for small businesses to compete and, as a result, reduce overall costs for the State?
An Ceann Comhairle: The Deputy strayed beyond the ambit of the question but the Taoiseach may wish to be helpful.
The Taoiseach: In regard to the question on prompt payments, we are involved in ensuring payment to people due moneys from the State within 15 days. That decision was made only recently and it is being implemented. It will be applied across the board very shortly.
The Deputy mentioned the farm waste management grant, which is a different issue. The issue there is an over-subscription beyond the moneys earmarked under the rural development scheme, as generous as it was, and the ability to provide a solution to that problem in the context of the public finances over a two to three year period, which is what has been provided for. The Government must work in the context of contesting resources from all sectors of society.
Deputy Denis Naughten: I was referring to the first stage payment.
The Taoiseach: The Deputy can refer to any stage payment. It is based on the availability of resources and trying to ensure we pay, as best we can, for the over-subscription involved.
Deputy Michael Creed: The Taoiseach needs to be better briefed than that.
The Taoiseach: That is the way it is with the rural development programme and the oversubscription of that scheme.
25. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food his views on whether the market support measures are adequate to address the crisis facing the dairy sector; the measures he will introduce to address the short-term credit crisis facing dairy suppliers and processors; and if he will make a statement on the matter. [26299/09]
Minister of State at the Department of Agriculture, Fisheries and Food (Deputy Tony Killeen): The Common Agriculture Policy, CAP, provides a range of measures that can be used to assist the dairy market. These were modified in the CAP reforms of 1999 and 2003. In the CAP health check negotiations last year there was pressure to remove or weaken the support measures significantly. At that time, the Minister for Agriculture, Fisheries and Food, Deputy Smith, fought hard to keep in place the key market instruments and these are now being used to help support the market.
In the EU, export refunds and internal subsidies were suspended since 2007 as prices were at exceptionally high levels. As the market situation deteriorated towards the end of 2008, the Minister for Agriculture, Fisheries and Food called on the Commissioner to re-introduce sup[256]port measures to help stabilise markets. The first step taken by the Commission following his intervention was to introduce an aid scheme for the private storage of butter a full two months ahead of the normal date. Butter market support was available in January instead of March and the scheme remains in place, already supporting the storage of some 96,000 tonnes of butter at EU level. Also in January, export refunds were re-introduced for butter, cheese, skimmed milk powder and whole milk powder.
In March, public intervention for butter and skimmed milk powder was opened. When the mandatory limits of 30,000 tonnes and 109,000 tonnes, respectively, were purchased at the intervention price, the Minister for Agriculture, Fisheries and Food arranged a bilateral meeting in Brussels with the Commissioner. At that meeting he secured agreement for the continuation of these schemes under tendering arrangements at close to the intervention prices.
To date, some 81,000 tonnes of butter have been bought into intervention, equal to 8% of the butter production in January to June. In addition, some 96,500 tonnes of butter have been stored under the private storage aid scheme. As regards skimmed milk powder, 203,000 tonnes have been purchased into stock, equal to more than 38% of the skimmed milk powder production in January to June this year. In all, an amount of 20,000 tonnes of butter from Ireland and 27,000 tonnes of skimmed milk powder have been funded under these schemes at an approximate value of €60 million to Irish dairy processors.
The reintroduction of export refunds to support the sale of dairy products outside the EU was also an important action. It signalled an intention by the Commission to put a floor under the market and has succeeded in that goal. So far this year, licences to export some 96,000 tonnes of butter and butteroil and 123,000 of skimmed milk powder have been issued. Similarly, licenses were issued in respect of cheese exports for 129,000 tonnes. The support value of this trade amounts to a further €113 million when these products are exported.
While the support measures have had an effect, more can be done. The Minister has called on the Commission to examine other steps that may assist in reversing the downturn and stimulating the market further. For example, intervention purchases of butter and skimmed milk powder will close at the end of August and the private storage scheme for butter in mid-August. The role these private and public storage schemes play is important. Extending them beyond the normal closing dates will be crucial in preventing further market turbulence at a time when supplies would otherwise hit commercial markets.
Additional information not given on the floor of the House
While the Minister understands there are legal impediments to be overcome which he has articulated at meetings of the Council of Ministers, the market situation warrants an exceptional response on this occasion.
He has also called on the Commission to adopt a practical approach to the regulation governing the export of cheese from the EU. The so-called “free at frontier” threshold price is not relevant in the current market environment. This is a self imposed technical impediment preventing the use of export refunds in support of cheese exports outside of the Community in the quantities demanded by the market. The Minister has once again urged the Commissioner to remove the free-at-frontier price for cheeses at the earliest opportunity.
The EU Commission’s actions in utilising available support measures have helped to stabilise the market. However, as the milk price is greatly influenced by the forces of supply and demand, support schemes have a limited effect on milk prices. The dairy sector downturn has its roots in the supply response that resulted from high prices in 2007 and in the early part of 2008. That situation was then exacerbated by the international financial crisis. This has had a [257]major effect on the demand side. Difficulties with access to credit have worsened what was a cyclical downturn into a major reduction in international demand for dairy products. The market is now carrying surplus stocks as a result.
As regards short-term credit, the Government is acutely aware that the flow of credit to the economy is of utmost economic importance. A consultancy firm has been appointed to clarify the actual availability of credit and its report is due in July. Also, the credit supply clearing group was appointed by the Government to identify credit supply solutions where a pattern of credit blockage to viable businesses has been identified. These groups are working in tandem to identify and arrive at solutions on credit availability and a report is expected to be made available to the Government in early July.
The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Billy Kelleher, has commenced a series of eight regional meetings in the coming weeks with regional representatives of the major banks, business representatives from local chambers of commerce, ISME, SFA, IFA and the Irish Hotels Federation to gather first hand experience of bank lending. Local representatives from the various state agencies, Enterprise Ireland and Fáilte Ireland, will also attend. This will feed into the work of the CSCG and future Government policy.
Deputy Michael Creed: It has become a predictable process that the Minister for Agriculture, Fisheries and Food issues a press release the week before an Agriculture and Fisheries Council meeting informing us of the current crisis and what he will ask of the Commissioner. After the meeting, he issues another press release stating that because of his intervention, the world and all has been achieved for the dairy sector.
The reality is that for both the producer and the processor there is a real crisis. Farmers being paid per litre of milk 7 cent below the cost of production illustrates their problem. The most recent profit warning by Glanbia is evidence of a crisis on the processing side.
Have the costs of all interventions, such as export refunds and aid to private storage, introduced by the Commission been quantified? Considering we are facing into the CAP post-2013 review, has it been determined whether these interventions are the most appropriate use of public funds to support the dairy sector? For example, has an alternative system been considered that might pay a direct subsidy to farmers to get them through this trough in demand?
Regarding the processors, is there any initiative forthcoming from the Department of Agriculture, Fisheries and Food or the Department of Enterprise, Trade and Employment on the long-promised export credit insurance scheme?
Deputy Tony Killeen: As the Deputy is aware, I attended the Council meeting in Luxembourg with the Minister, Deputy Smith. I observed at first hand the effort being made by the Minister on behalf of Irish farmers. It is fair to acknowledge that there are significant difficulties in the milk sector at this time. Those difficulties are probably exacerbated by the fact that additional people, who were not previously involved in the sector, got involved in milk production when prices were relatively good in 2007. The Deputy mentioned the possibility of introducing alternative forms of infrastructure. One of the difficulties with that is that it would have to be made up from the start. The initiatives that were taken by the Commission on foot of the proposals made by the Minister, Deputy Smith, are already in place. In some cases, they have been brought forward by a number of months. They have had a positive impact on the removal of produce from the market.
Deputy Michael Creed: They have not had a positive impact on the prices being paid to farmers.
[258]Deputy Tony Killeen: The ultimate aim is to ensure that all of these measures will have such an impact. Farmers often complain that processors are the first to benefit from many of the measures that are taken. Deputy Creed has proposed another intervention on the processors’ side. Like all of us, the Minister would like the prices being paid to farmers to increase as quickly as possible. All the indicators suggest that the price of milk, which is entirely cyclical in any event, will return to previous levels in the medium term.
Deputy Michael Creed: The Minister of State’s words are cold comfort for the producing and processing sectors. The monthly milk cheques being received by dairy farmers are approximately 50% of what they were 12 months ago. The political challenge we face is to ensure the industry can survive the cyclical nature of the downturn and be in a position to take advantage of the upturn in the global markets when it emerges. In light of the severity of the downturn, the reality is that many Irish dairy farmers will be out of business by the end of 2009. Is any initiative being pursued at a political level to prevent that? I acknowledge that initiatives are being ratcheted up at the various monthly meetings. They are not delivering what farmers need, however. If farmers go out of business, jobs outside the farm gate — at food industry and processing levels — will also be lost. If the Minister of State needs evidence of that, he should read Food and Drink Industry Ireland’s recent report, which stated that 2,000 jobs have already been lost in this indigenous industry in 2009.
Deputy Tony Killeen: In my initial reply, I gave the House some information about the availability of credit. Like other Members of the House, the Deputy will be aware of the existence of the Credit Supply Clearing Group, which has had some impact in that regard. As Deputy Creed rightly said, farmers face substantial short-term difficulties. A little over a year ago, many farmers built additional infrastructure on the basis of legitimate expectations arising from the higher price levels of that time. The reality is that we operate in an EU context in the first instance. We also operate in the context of the WTO, which imposes all kinds of rules and regulations to be adhered to. The Deputy will be aware that the price paid for milk to farmers in New Zealand and the United States is considerably lower than the price currently available to Irish farmers. Ultimately, the most effective interventions are those which take produce off the market and ensure that new produce comes on to the market at an enhanced price.
26. Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the market supports which will be devised to ensure that milk production is guaranteed at a price to farmers that will ensure the viability of dairy farming; and if he will make a statement on the matter. [26200/09]
Deputy Tony Killeen: Over the past year or so, we have witnessed unprecedented examples of volatility in dairy product prices. This volatility is a symptom of the changed EU policy framework in which we are operating. Global market forces are having a major influence on the price paid for milk. The mid-term review of the Common Agricultural Policy in 2003 led to a series of reforms that resulted in a shift from market support to direct income support. These changes were expected to lead to a reduction in the prevailing milk price, but the opposite occurred — the international commodities boom caused milk prices to reach as high as 40 cent per litre. Prices averaged 34 cent per litre in 2007 and 2008.
During last year’s health check negotiations, there was pressure to considerably remove or weaken the support measures. The Minister, Deputy Smith, fought hard to keep the key market instruments in place. They are now being used to help to support the market. EU export refunds and internal subsidies were suspended in 2007 when prices were at record high levels. When the market situation deteriorated towards the end of 2008, the Minister called on the [259]Commissioner to reintroduce support measures to help to stabilise the markets. The Commission initially responded by introducing — two months ahead of the normal date — an aid scheme for the private storage of butter. This meant butter market support was available in January instead of March. This scheme is still in use. Export refunds were reintroduced for butter, cheese, skimmed milk powder and whole milk powder in January. Public intervention for butter and skimmed milk powder was opened in March. When the mandatory limits of 30,000 tonnes and 109,000 tonnes, respectively, were purchased at the intervention price, this was extended to enable significantly increased volumes of butter and skimmed milk powder to be stored under tendering arrangements. Some 20,000 tonnes of butter and 27,000 tonnes of skimmed milk powder from Ireland have been funded under these schemes.
The reintroduction of export refunds to support the sale of dairy products outside the EU was an important action. It was a signal of the Commission’s intention to put a floor under the market. It has succeeded in doing that. These measures have helped to stabilise the dairy market. The Minister and I believe other actions can be taken to help support the market, however. Intervention purchases of butter and skimmed milk powder will close at the end of August. The private storage scheme for butter will end in the middle of August. The extension of these schemes beyond the normal closing dates will be crucial in preventing further market turbulence. At meetings of the Council of Ministers, the Minister has strongly recommended that the closing dates should be extended without delay. He has also called on the Commission to set aside the “free at frontier” threshold price so cheese exports from Ireland can attract export refunds and facilitate trade.
Additional information not given on the floor of the House
I have given examples of ways in which the market can be supported by fully utilising the available measures. However, as the milk price is greatly influenced by the forces of supply and demand, support schemes have a limited effect on milk prices. The dairy sector downturn arose from the excess supply response that resulted from high prices in 2007 and the early part of 2008. That situation was worsened by the international financial crisis. This had a major effect on the demand side. Difficulties with access to credit exacerbated a cyclical downturn into a major reduction in international demand for dairy products. The market is carrying surplus stocks as a result. It will not recover fully until demand picks up. It is important to emphasise that medium-term prospects for global dairy markets are good. Growth in wealth and population is forecast to stimulate strong levels of demand for dairy products. Returns will improve commensurately. The Minister is confident that the sector will recover from this current downturn and achieve its fair share of the annual growth in demand for dairy products predicted by the OECD and others. In the meantime, he will continue to monitor closely the Commission’s management of the dairy market. For example, he will call for the full implementation of existing and new measures as appropriate.
Deputy Seán Sherlock: Does the Minister of State accept that while some farmers made profits that could be described as super-normal in recent years, when historically high prices were being paid for milk, the vast majority of them reinvested those moneys in their farm holdings? Does he agree that the lowest price being garnered in the market at the moment — 20 cent per litre — is completely unsustainable for dairy farmers with small and medium-sized holdings? I take the point the Minister of State made about export refunds. I welcome the extension of the aid to private storage scheme. Is the case in aid scheme in operation at present? What kind of take-up is it enjoying? Is the efficacy of the calf replacer scheme being analysed at present? As part of the overall process of increasing market supports through the EU, will the Minister for Agriculture, Fisheries and Food examine the relationship between producers, retailers and the co-operative movement? It seems to me that the relationship is unbalanced [260]— it is not based on equity. Perhaps the Minister and his colleague, the Tánaiste and Minister for Enterprise, Trade and Employment, should consider introducing legislation on fair trade practices. We need to ensure the multiples act fairly when they designate a price to the primary producer, especially as the primary producer is a price taker.
Deputy Tony Killeen: The Deputy is quite right to suggest that many farmers reinvested their profits on the basis of their belief that the price of milk, which was historically high in 2007 and 2008, was likely to be maintained in the medium term. To be fair, the indicators at the time suggested that was likely to happen. The Deputy made the point that the current position is unsustainable for a number of producers. It is certainly unsustainable in the long term. All the indicators are suggesting that this is a short-term blip. Farmers and others will be aware that the price of milk has always been cyclical. It has never before decreased as dramatically over a short period of time as it has recently. Nevertheless, it is cyclical. All the indications in relation to future milk prices are very positive. The availability of credit, which is a really important question for farmers in terms of sustainability, is being addressed. The Minister, Deputy Smith, has met the banks on a number of occasions to make that case strongly to them. The Deputy also spoke about the need to increase market supports. Virtually every support that had previously been in place has now been brought back into action. The Department is constantly looking at new ways of addressing the problems mentioned by Deputies Sherlock and Creed and ensuring some benefits accrue to farmers as part of that process.
Deputy Seán Sherlock: I respectfully suggest that this is not necessarily a short-term blip. This is potentially a structural change in the market. Nobody, up to the EU Agriculture and Rural Development Commissioner herself, can foresee what will happen in the market in the future. Will the Government consider other means of ensuring that primary producers of all hues are guaranteed some kind of fair market price for their produce in the retail multiple sector? I refer to the introduction of fair trade legislation, for example, or the appointment of a retail regulator. Such measures should be introduced as part of a package that includes the market mechanisms being implemented by the Commission.
Deputy Tony Killeen: I have not addressed the final element of the Deputy’s initial question. The relationship between producers, processors and retailers is an important aspect of all of this. There may well be a structural change in the market at this particular time. I have heard that postulated by people who look at the price in New Zealand and the USA, for example. Notwithstanding that, considerable research has been done, not least by Teagasc, which the Deputy will be aware of, which indicates that one of the effects of a low price such as this is that people who increase their production are unlikely to continue and, in fact, are likely to go in the opposite direction. The balance between the availability of the product and the market demand for it is likely to become balanced in the relatively short term in view of the dramatic drop in prices at this stage.
In response to the Deputy’s question about fair trade legislation, neither the Government nor anybody else should have their ears or minds closed to any form of initiative that might address what is an enormous difficulty for Irish dairy farmers and one which, even if it were short-lived, has enormous consequences as regards sustainability and incomes.
27. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food the progress made in tackling the delays in delivering the Operational Programme for Fisheries arising out of difficulties with Natura 2000; the recent discussions he has had with the Department of the [261]Environment, Heritage and Local Government and with the Department of Communications, Energy and Natural Resources with regard to their concerns; the deadline for the final resolution of these issues; and if he will make a statement on the matter. [26300/09]
Deputy Tony Killeen: The seafood development measure contained in the National Development Plan 2007-13 is divided between the EU co-funded operational programme, OP, and the national seafood development operational programme. The EU co-funded OP has already commenced and has funded the 2008 decommissioning scheme which has allowed 46 boats to be decommissioned with grant aid totalling €36.6 million already paid or in the process of being paid over 2008 and 2009.
The national seafood development operational programme 2007-13 was advertised for public consultation in October 2008. Following this consultation process issues were raised by the Department of Environment, Heritage and Local Government and the Department of Communications, Energy and Natural Resources on behalf of the Central Fisheries Board regarding the grant-aiding of projects where environmental issues arise relating to compliance with the EU birds and habitats directives and sea lice control on salmon farms.
This Department with its agencies working with the Department of Environment, Heritage and Local Government developed a plan to deliver compliance with the EU birds and habitat directives for wild fisheries and aquaculture over a determined timeframe. This plan was submitted to DG Environment for consideration. A meeting between this Department, the Department of Environment, Heritage and Local Government, Government agencies and DG Environment took place in Brussels on 13 May 2009 to discuss the plan — with a view to securing DG Environment’s support for the approach set down in the plan.
DG Environment advised that it was, in principle, favourably disposed towards Ireland’s plan subject to a positive response to the issues raised and further clarifications from the Irish authorities on the details of the plan. Additional material has now been forwarded to DG Environment where it is being examined. When these matters have been satisfactorily addressed, DG Environment expects to be in a position to formally respond on the plan at an early date.
A meeting at ministerial level was held last week between my Department and the Department of Communications, Energy and Natural Resources at which I advised on the significant progress made in managing sea lice levels on salmon farms and the concerns of the fisheries boards were also set down. I am hopeful that there is a better understanding of the issues involved from both Departments’ perspectives and that on this basis we can find a satisfactory resolution to the concerns raised.
It is noteworthy that the delay in the launch of the national seafood development operating programme has not held up grant aiding aquaculture developments in 2009 as the European Commission has agreed to the continuation of grant aid under the 2000-06 OP until 30 June 2009. A provision of €5 million has been made for aquaculture development in the Agriculture Vote for 2009 and I have approved the spending of €4.5 million of this for aquaculture projects in both the BMW and the south and east regions under the 2000-06 OP which will assist the continued operation of aquaculture projects in these areas and the employment that they support.
Deputy Tom Sheahan: From the outset, this operational programme has been delayed 20 months. If that is not a definition of incompetence, I do not know what is. The Minister of State has just said it has not held up funding, but that is incorrect. I have been contacted by fishermen from Dungarvan and Sneem who applied for grants which were approved, but they will not get funding until the operational programme is in place. It is clear that issues need to [262]be addressed in terms of the Minister of State’s Cabinet colleagues and their objections. The industry needs to know urgently how long it will take to resolve those issues.
The Minister of State referred to a meeting he had with the Minister for Communications, Energy and Natural Resources, Deputy Ryan, but has he a timescale or a deadline in mind as regards getting the operational programme up and running? What is the situation in the Department of Communications, Energy and Natural Resources regarding the sea lice? There was a meeting last week, but what is the up to date position? We want this resolved so that it does not hold up proceedings at a later date.
Deputy Tony Killeen: The reality is that €5 million was provided in grant aid for this year and €4.5 million has been allocated. The projects referred to by the Deputy are more than likely in Natura 2000 sites where grant aid cannot be paid until the issues outstanding have been addressed. Consultants were commissioned to prepare an environmental impact assessment. Subsequent to that the Department of Communications, Energy and Natural Resources, through the Central Fisheries Board and the other Department through the National Parks and Wildlife Service, had reservations about elements of the assessment which was carried out and raised these. Until they are dealt with it will be impossible to have the operational programme activated. However, following the meeting on 13 May, most of the outstanding issues have been addressed with the European Commission. At this stage I am satisfied that when that process has been completed we will be able to deal with the outstanding issues involving the other Departments.
Deputy Tom Sheahan: Europe is not the problem, neither has it been over the past 20 months. The problem lies within the Cabinet between the Minister for Agriculture, Fisheries and Food and the other two relevant Ministers. There are real environmental concerns at stake, but it must be recognised that this programme has been stalled for 20 months and needs to be activated.
On another issue, in previous times the vast majority of funding for the operational programmes came from Europe. This time only €42 million of the €126 million will come from Brussels and most of this has been committed to decommissioning. Will the Minister of State say if there is a question as to whether the funds will be made available in the current climate? As I have said the problem is not with Europe, but within the Cabinet and there are hundreds of jobs at stake. I plead with the Minister of State, on behalf of the fishermen around the country, and urge him to act on this. It is 20 months late, and that is a definition of incompetence.
Deputy Tony Killeen: The inherent difficulties, for example as regards sea lice in salmon, considerably pre-date the present Government and in fact were an issue when the marine element of the Department, including those elements now with the Departments of Communications and Natural Resources and Agriculture, Fisheries and Food were within the same Department. In fact, that debate and all the issues surrounding it long pre-date the present Administration.
I agree strongly with the Deputy that Europe is not the problem. We frequently congratulate ourselves on being enormously compliant Europeans, but as regards the directives in question in this instance, concerning the Natura 2000 sites, we had about 12 to 14 years to implement them and have not done so. Ultimately, a European Court of Justice judgment in December 2007 was successfully prosecuted against Ireland and that is the nub of the difficulty in getting over these issues.
[263]On funding, €4.5 million of the €5 million provided for this year has been allocated and the question of funding for future years is clearly contingent on budgetary considerations.
28. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if he has had discussions with the Department of Enterprise, Trade and Employment with regard to the difficulties facing the food and drinks industry; his views on the way forward to sustain employment and production in the industry; and if he will make a statement on the matter. [26301/09]
Deputy Tony Killeen: My Department works closely with the Department of Enterprise, Trade and Employment and our respective departmental agencies on issues confronting the food and drinks industry. The economic downturn, rising costs and currency exposures have translated into sudden and severe deterioration in trading conditions. One of my key priorities is to ensure a policy and support framework that will facilitate the food sector in maintaining competitiveness and its contribution to the economy. In this context the Government has established a cabinet sub-committee and interdepartmental group on economic recovery. Arising from the work of these groups, the Department of Enterprise, Trade and Employment launched an enterprise stabilisation fund, which is run by Enterprise Ireland, to allow for meaningful additional assistance to be provided to basically sound internationally traded companies that would otherwise struggle to survive the global downturn. The fund operates in conjunction with the banks to provide direct financial support to eligible, internationally trading enterprises which are undertaking development expenditure to reduce costs and gain sales in recession hit overseas markets. It complements the banks’ commitment to SMEs under the recapitalisation scheme and should facilitate much of the restructuring that is needed for viable companies selling on the home market. Other issues affecting the competitiveness of manufacturing industry, including the food industry, will continue to be addressed by the Government.
Within my direct area of responsibility, I should point out that my Department and the development agencies have supported capital investment, marketing measures and food research to sustain the food and drinks industry. Grant aid has been awarded under the dairy and beef and sheepmeat investment funds, which are operated by Enterprise Ireland on behalf of my Department, to improve efficiencies and added value from processing.
In dairying, 19 projects were awarded €114 million for investment of €286 million. Five of these projects have been completed and three are well advanced. Grant aid amounting to €30 million has been paid and a further €30 million is expected to be paid by the end of 2009. Grant aid of €69 million awarded in the beef and sheepmeat sectors is expected to contribute to investment of €168 million and contribute to a net increase in sales and exports of €400 million as well as a net additional 800 jobs by 2012.
Additional information not given on the floor of the House.
With regard to small businesses, my Department awarded grant aid of €16.7 million in December 2008 for capital investment in marketing and processing to 66 horticulture, livestock marts and small meat sector enterprises. This is expected to contribute to investment of €70 million and will assist the businesses to improve efficiency, add quality and value, produce innovative products and develop new markets.
Our food and drinks industry continues to need export markets in which it can trade competitively. An additional €2.5 million has been provided to Bord Bia to identify market opportunities within the EU and work with the industry on developing new products. The transfer to Bord Bia of responsibility for fish marketing from 1 June will produce synergies for food [264]and seafood companies. EU co-funding of €235,000 over three years has been made available to Bord Bia for programmes to increase sales of quality assured EU pork, offal and beef products.
A key ingredient of sustainability is innovation to improve competitiveness. In research and innovation Enterprise Ireland provides a range of measures to support industry directly and my Department funds research programmes in the agri-food, seafood and forestry sectors, which provide a basis for future commercialisation. Funding for the food graduate development programme has been approved for a further two years to provide specialised business skills to postgraduate students engaged in food research funded by my Department. My Department, through the RELAY project, is working with Enterprise Ireland and technology transfer offices at the food research institutions to maximise commercial potential of this research.
Retail trading conditions are a particular concern for the industry and where action at EU level is important to secure balance. The European Commission is planning a review of anti-competitiveness in the food chain, including the dairy and pigmeat sectors, and measures to aid transparency on food prices through possibly an EU observatory on food prices. I have supported Commission proposals to improve communication between farmers, buyers and consumers about agricultural product qualities and the coherence of EU agricultural product quality policy instruments, including how products are described and this development may lead to the use of what is termed “place of farming” on agricultural products.
Deputy Andrew Doyle: That is all very fine but last week the Joint Committee on Agriculture, Fisheries and Food heard a presentation from Mr. Jim Power. He highlighted the fact that 100,000 jobs are in jeopardy because of unfair trading circumstances. Last week’s report from Food and Drinks Industry Ireland highlighted our cost base in waste, energy and labour, but also the need for fair trade legislation to outlaw current practices. This will drive down the profits. While everybody else has to show their margins, the retailers do not publish theirs. There is no legislation in place to underpin it. There is no sheriff. This is the wild west of the sector. It is worth €11 billion nationally, and nobody is policing it.
Unless we do something it will be too late. These jobs create extra jobs. It is estimated that 230,000 people work in this sector. One can talk about schemes, initiatives and Cabinet sub-committees, but people are losing their jobs every week and others are in danger of losing their jobs. The Minister mentioned initiatives for companies that are sound and trading abroad. There are hundreds of smaller processors trading in this country. In this week’s Irish Farmers Journal Dr. Pat Wall made the point about country of origin. He said that is not a buy Irish campaign. There is a serious resistance on the part of the Government and the Department of Agriculture, Fisheries and Food to initiate a country of origin campaign and that, in itself, is educational.
Deputy Trevor Sargent: There is no resistance in the Government to country of origin labelling. We would introduce it overnight if we did not have the resistance from other member states. We are working on that and I will not give up on it. Deputy Doyle is right. A very serious situation confronts the food and drink sector and I talked about the quicker element of the response, which had to be brought about by special permission of the European Commission to allow for temporary state-aid rules in December 2008.
Deputy Doyle referred to the wild west. The Food and Drink Industry Ireland report uses a less colourful but equally accurate term when it says the grocery sector is dysfunctional due to excessive retail buyer power. We are working on the legislative approach with the Department of Enterprise, Trade and Employment and the EU because there are other countries in the same boat as ourselves. We need a code of practice and a retail ombudsman, and those can be [265]brought in before the legislative approach runs its course. We are working on these aspects with the Department of Enterprise, Trade and Employment.
Deputy Andrew Doyle: I seek clarification. I welcome the fact that the Minister has said there is a legislative approach. On last Thursday’s Order of Business I asked the Minister for Finance whether he had any plans to bring in fair trade legislation and he said he did not. On foot of today’s report, the Competition Authority’s remit seems to be all about competition in the grocery sector being healthy in the short term for consumers, but there is nothing about competition for producers or transparency in how their prices are set and driven down on a whim. I have heard of invoices being reduced a further 20% by one of the major retailers this week. It is a carte blanche approach across the board and one has no say in it. That sort of behaviour cannot be allowed to continue.
Deputy Trevor Sargent: The report by the Competition Authority, as its name suggests, puts much emphasis on competition but it points out that exporters will frequently price to the market. The retail sector is being shown to have a selective approach to what it means by competition in any one market and will play to its strengths and have higher margins in some areas than others because it considers it can get away with it. The information is not available.
Deputy Andrew Doyle: There is no fair trade legislation.
Deputy Trevor Sargent: That is why we need a retail ombudsman. I heard the Tesco representative on “Morning Ireland” this morning. He did not give a “Yes” or “No” answer when asked about a retail ombudsman. Consumers, the Government and the industry need to come together and recognise that unless we have transparency and an end to this dysfunctional operation of the retail sector, the suppliers will not be around for much longer.
Deputy Andrew Doyle: He effectively said, “No”.
Deputy Trevor Sargent: He did not answer the question, but he will have to do so.
Deputy Andrew Doyle: He did not answer the question but he effectively said, “No”.
29. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food his plans with regard to the Common Agricultural Policy post 2013; the initiatives he will bring forward in order to sustain the agri-food sector; and if he will make a statement on the matter. [26302/09]
Deputy Trevor Sargent: Concrete proposals have yet to emerge on the shape of EU agriculture policy beyond 2013. Among the ideas emerging are demands from some member states for a lower budget share for agriculture and for eventual dismantling of CAP; demands from new member states for re-balancing of member states’ shares of agricultural funding; increased calls for changes to the single payment system to move from the historic model and to apply a “flatter” model of direct payments; calls for a greater focus on pillar 2, the rural development measures, and introduction of more specific selection criteria and indicators to measure the effectiveness, outputs and impacts of rural development programmes; and continuing pressures to reduce supply and market management mechanisms with a greater reliance on crisis management.
The Minister’s, Deputy Smith’s view, which he has expressed at meetings of the Council and bilaterally to his ministerial colleagues, is that we must maintain a strong agricultural production base in the European Union in the future to take account of the challenges ahead in [266]meeting increased demands for locally produced food. Any reduction in food production in the EU would be taken up elsewhere where less efficient production systems exist and would result in a heavier carbon footprint. We must also undertake food production and distribution in a manner that is sustainable in all its dimensions — economically, socially and environmentally, especially with limited energy supplies in mind.
There will be major challenges ahead from climate change, increased competition on world and EU markets, the financial crunch and other factors. We must ensure we have the capacity to cope with the challenges and fully exploit the opportunities as they emerge. To do so our whole sector, from farm to fork, must be highly efficient and competitive. It must also be innovative, producing the products that changing consumer tastes demand, and it must be relentlessly focused on quality and safety. To achieve these objectives, there is a continuing need for an active and appropriately resourced European agricultural policy. That policy needs to recognise the role that a cohesive agriculture and rural development policy can play in addressing future energy needs, addressing environmental concerns and providing a secure and sustainable food supply in Europe.
Additional information not given on the floor of the House.
With this is mind, and to meet all challenges to the sector in the coming decade, it is the Minister’s job to continue to plan to help the sector remain competitive so that it can capitalise on the inevitable global recovery and meet the challenges in the coming decade. Addressing the industry’s capacity to compete successfully at home and overseas has assumed a new urgency and the Minister’s belief is that a new development plan for the period to 2020 is required to maintain the impetus gained from the very successful agri-vision 2015 strategy. Preparatory work has already started on this plan which is focusing on the critical issue of competitiveness, the challenges from the global economic downturn, currency fluctuations, climate change and how best to maximise the opportunities arising from a growing international food and energy crop markets.
Deputy Michael Creed: I thank the Minister for his reply and in many respects he ticks all the boxes regarding the concerns that face Ireland. Would the Minister accept that with the appointment of a new Commission shortly we are entering a critical phase? This debate will not be determined in 2013. In the interim period between now and then critical connections will be made at a European level and alliances and friendships forged that will deliver the kind of package that will best serve the Irish agri-food industry.
Would the Minister accept that food security and the family farm structure in Europe, as enshrined in the Treaty of Rome, are the two key pillars that will best serve the interests of Irish agriculture? When one factors in the more up-to-date concerns on climate change, etc., one has the makings of a very strong case to protect the incomes of Irish farmers in the post 2013 situation given that there will be legitimate concerns from the new accession states for a more equitable share-out. The Minister has the makings of a strong case to protect Irish farmers’ incomes after 2013 given that the new accession states will have legitimate concerns for a more equitable share out. We need to protect our interests which is best done by arguing for food security rather than outsourcing food production.
Deputy Trevor Sargent: I could not disagree with what the Deputy is saying. The one thing we could say is that the family farm structure, which he mentioned, coming from the origins of the European Union and the Treaty of Rome, is more essential than ever, but probably for different reasons. It originally came about with the emphasis on affordable food and supply of food without the current issue facing us, which is how to pay for and where to get the inputs. [267] The energy challenge before 2013 will definitely sharpen the focus on food security, not just in transportation terms. One third of the fertiliser inputs are fossil fuel reliant, an issue which will impinge on agricultural policy as well as transportation from far distant sources. I agree it will be before 2013 that alliances will need to be forged and the shape of the post-CAP will be defined. It will be based on energy, which will be the foremost issue.
30. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the amount raised in 2006, 2007 and 2008 from liquid milk supplier levies; and if he will make a statement on the matter. [25980/09]
Deputy Trevor Sargent: Under the Milk (Miscellaneous Provisions) Act 1979 as amended, a fee of €0.001 per litre is imposed on all milk intended for manufacturing or for the preparation of drinking milk. The fee contributes to the cost of providing the food safety inspection service and other work involved in the administration of EU market management schemes and is a requirement under EU legislation.
Under the Bovine Diseases Levies Act 1979 as amended, all milk received for processing from a herd is subject to a levy at a rate of €0.0006 per litre. The levy also provides that all bovines slaughtered or exported live are subject to a levy of €1.27 per animal. This levy is the farmers’ contribution towards the cost of the compensation paid under the TB and brucellosis eradication schemes.
The National Milk Agency is a statutory body established under the Milk (Regulation of Supply) Act 1994 to regulate the supply of milk for liquid consumption throughout the State and to ensure all-year-round supply. The funds raised by the agency by means of a levy of €0.00145 a litre of milk are used to finance the annual running costs of the agency including wages, PRSI and pension.
The total receipts from these levies for the years 2006, 2007 and 2008 are set out in the following table.
Ireland incurred a milk superlevy of €11.2 million in the 2007-08 milk quota year for milk deliveries in excess of Ireland’s national quota. There was no milk superlevy in 2005-06 and 2006-07.
31. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food his views on the recent debates at the EU Agriculture and Fisheries Council on food retail margins; and if he will make a statement on the matter. [25938/09]
Deputy Trevor Sargent: The issue of retail margins on food products was first raised as a formal agenda point at the Agriculture and Fisheries Council meeting in January of this year when the Commission introduced its communication which analyses the causes for recent volatility of food prices, provides a medium-term outlook for such prices and outlines a road map for future policy decisions to improve the functioning of the supply chain. The road map comprises five possible avenues as follows: to promote the competitiveness of the food supply chain; to ensure a vigorous and coherent enforcement of competition and consumer protection rules in the food supply markets by the European Commission, the Competition Authority and National Consumer Agency; review at national and-or EU level, as appropriate, regulations that have been identified as potentially problematic for the functioning of the food supply chain; provide better information to consumers, public authorities and market operators by setting up a permanent European monitoring of food prices and the supply chain; and examine measures to discourage speculation to the detriment of commercial operators in agricultural commodity markets.
It is intended that the road map will be followed through the work of a joint taskforce before the end of the year. A review of anti-competitiveness in the food chain, to include the dairy and pigmeat sectors among others, is planned and the Commission also plans to review regulations restricting the entry of companies to supermarkets to aid transparency on food prices. In addition, the recommendations of the high-level group on the competitiveness of the agrifood industry established by the Commission are due to be adopted in early July. A report will be published before the end of this year.
At the Council in January last and again last Monday, the Minister, Deputy Smith, pointed out that competition alone cannot act as a sole mechanism to maintain efficient markets. The careful and sensitive use of market management measures can help to maintain balance on the market when appropriate and the use of such mechanisms can assist in the provision of fair returns to producers.
Additional information not given on the floor of the House.
Underlying the debate is the increasing concentration of retail power in the hands of a few large supermarket chains. This is an international phenomenon, which has fundamentally changed the balance of market negotiating power in the food chain. This is one factor, although not the only one, behind the declining share of retail prices which is passed back to producers. While there is, of course, always potential for some conflict in any market relationship, there has been a noticeable trend recently towards greater conflict, and even allegations of sharp practice, which we cannot and should not ignore. Many of my colleagues on the Council of Ministers also expressed strong views on this matter.
I believe that consolidation at processor level is necessary to ensure maximum efficiency and to balance the market power of the large retail multiples. Competition policy must be sensitive to this.
There are many gaps in our information about the market. Information, like negotiating power, is not evenly distributed among the players in the market. This is an area where perhaps we can consider ways of ensuring greater transparency and a more open flow of cost and price information from and to all participants in the food marketing chain. At EU level there is a [269]need to give urgent thought to this and to how we might be more active in ensuring markets function well and that unfair practices are prevented.
We can all agree on the paramount importance of the European agrifood industry, both in Ireland and across Europe. The EU must safeguard its production base so that it can meet the future demand of its population for food, feed and bio-energy. While fully recognising that retailers must strike a reasonable balance between granting price reductions to consumers and giving to suppliers and producers a fair return, this should not be done at the expense of a viable European agrifood sector.
The matter will again be considered by Council.
Deputy Seán Sherlock: Without meaning to sound facetious, the Minister of State could have dealt with this point when answering Question No. 28. However, this is a question of marketing negotiating power.
An Leas-Cheann Comhairle: Ordinary questions are not grouped with priority questions because they would exclude the ordinary question from supplementary questions.
Deputy Seán Sherlock: I thank the Leas-Cheann Comhairle. I am at pains to understand some of the arcane practices of this House at times.
An Leas-Cheann Comhairle: If the Deputy had tabled the ordinary question and were excluded from asking supplementary questions, he would have been aggrieved.
Deputy Seán Sherlock: I take your point, a Leas-Cheann Comhairle.
Deputy Andrew Doyle: The Minister of State could have given me the answer.
Deputy Trevor Sargent: It is worth discussing again.
Deputy Michael Creed: Again and again.
An Leas-Cheann Comhairle: Allow Deputy Sherlock to speak without interruption
Deputy Andrew Doyle: The Minister of State need not worry; it will be on the agenda.
Deputy Seán Sherlock: The Commissioner has outlined a number of points which are aspirational and laudable in their own way. For Irish agribusiness to flourish there needs to be a fundamental shift in the position vis-à-vis the retailer and the primary producer and processor. This has been already outlined in great detail. Rather than waiting for report after report, will the Government not grab the bull by the horns, take the initiative and implement legislation? It should stop waiting for the European Union’s guidance on every matter relating to the agribusiness sector in this economy. We have a very viable market, with the Minister of State, Deputy Sargent, at the forefront given that he has responsibility for food. We need to see action now and that relationship needs to be reinstated. This House has the power to implement its own rules and regulations vis-à-vis the relationship, as it does not contravene EU rules. I ask the Minister of State to act urgently to reinstate that relationship.
Deputy Trevor Sargent: I share the Deputy’s sense of urgency about the matter. Along with the Tánaiste and Minister for Enterprise, Trade and Employment, who understands the agricultural sector more than most other Ministers for Enterprise, Trade and Employment given her background, I have been at pains to state that we need urgent action to introduce [270]legislation and a code of practice. That would provide for the Ombudsman to be able to hear evidence. This is an area which ostensibly has been bedevilled with intimidation — I use the word very explicitly. Suppliers are afraid to say publicly what they will say privately to me for fear of being identified, which is causing a lack of transparency in the system. On a radio programme this morning there was a question about “hello money”. There was a denial that “hello money” was being requested because it would be illegal. However, I have heard references to “market support money”, “advertising money”, and “promotional money”. At the moment the people who are saying that privately will not do so publicly. That is why this code of practice and this retail ombudsman position are urgently required. I have said so to the Minister and to other members of the Government. I say it again here in the House.
Deputy Michael Creed: I make this point in the context of having been previously advised by the Minister for Agriculture, Fisheries and Forestry, who is unavoidably absent today, that the code of conduct in the UK was not all it was made out to be. I have in the interim had time to reconsider the matter and that apparently is the case.
Does the Minister of State not find it ironic in the extreme that the architect of the dismantling of the groceries order in Ireland, who has now moved on to the UK competition authority and is in the throes of reorganising the legislative framework there, within which the retail sector operates, has concluded that a voluntary code of conduct and ombudsman is not the way forward and that global retailers such as Tesco are able to run rings around and abuse their suppliers by virtue of the lack of legislative clout that system brings with it?
An Leas-Cheann Comhairle: While I am anxious to allow a little latitude on this question, I must ask Members to be brief.
Deputy Michael Creed: Lest there is any doubt in regard to whether consumers are being ripped off through this framework, dairy prices to the primary producer have tumbled by 17% in the past 12 months while prices to the consumer have dropped by only 2%.
An Leas-Cheann Comhairle: The Deputy is giving information now.
Deputy Michael Creed: Is it not the case that the best legislative framework to deal with this will require real clout and teeth and that a voluntary code of conduct may not, if we are to learn from experience across the water, be the best way to go?
Deputy Trevor Sargent: I would like such framework to be legally enforceable and to have teeth. I am in no doubt about that. However, doing that takes longer in the legislative cycle than putting in place a voluntary code. We need to do both. We must, first, send out the signal that this is an urgent matter that cannot wait until a perfect solution is found and, second, we must create the expectation that a framework with legal enforceable teeth will be in place as soon as possible. Reliance on the supermarket as the gateway for food is equally a part of the overall issue that needs to be addressed. There is less reliance in other European member states on the supermarket as a route to market than exists in this country. It is not an easy issue to tackle. Until we create healthy alternatives to supermarkets as a route to market, thus ensuring the supermarket is not the only show in town, the multiples will continue to make matters difficult for suppliers resulting in suppliers being price takers rather than price makers.
An Leas-Cheann Comhairle: I am anxious to allow other Members to ask a brief supplementary question. I call Deputy Doyle followed by Deputy Sherlock.
[271]Deputy Andrew Doyle: Against the background of people being intimidated and afraid to come forward and speak up for fear of losing whatever pitch they have, does the Minister of State accept that the remit of the Competition Authority, whose involvement I am led to believe was initiated by the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan, against a background of public anger of rising prices vis-á-vis shopping in the North, should have been much broader and should have included power to examine practices that pertain in the retail sector, including the supply chain and the behaviour of the multiples? Currently, three multiples are controlling 70% of the market. Does the Minister of State accept that ultimately everybody else will be wiped out resulting in increased prices, the consumer losing out and the loss of up to 100,000 jobs?
Deputy Seán Sherlock: The model to which the Minister of State aspires is the French model whereby one goes to the Carrefour for one’s larger cheaper products and to the boulangerie for one’s baguette and so on. The problem with the Irish model is that there is absolutely no transparency vis-á-vis profits. A lack of transparency vis-á-vis the profits of the larger multiples affects the relationship between the product, primary supplier and the retailer, thus allowing situations as that described by the Minister of State. Until we get that transparency we will not get a better deal for the primary producer resulting in a loss of jobs in this economy. We are already seeing this in the Border counties. Members are aware of what happened with Tesco.
An Leas-Cheann Comhairle: A final reply from the Minister of State.
Deputy Seán Sherlock: I beg the Leas-Cheann Comhairle’s indulgence, but an ombudsman will not be enough to rectify the problem. This will require a legislative framework such as fair trade legislation. That is the only way we will be able to guarantee jobs and smaller producers some degree of livelihood.
Deputy Trevor Sargent: In response to the questions from Deputies Doyle and Sherlock, I must point out that the ombudsman is the vehicle for the legally enforceable approach to the situation. For example, I would envisage that the ombudsman will be able to insist on particular information being divulged, be it in respect of promotion funding and how the supplier is expected to pay for it or overall profits. I believe these issues must be addressed. We know that the multiples are not telling the whole story. They claim this is because their competitors are not telling the whole story. However, two wrongs do not make a right. This issue must be addressed.
The report from the retail-related import and distribution study states in its concluding remarks that this concentration of retail power ultimately means that consumers have less scope to shop around. That is where I believe all of us, including suppliers and farmers, need to focus our attention. Until we create different avenues of access to market, we will continue to battle with the titans of retail power. They are the ones who ultimately will have the last laugh unless we introduce alternatives which undermine their position.
An Leas-Cheann Comhairle: We must move on to Question No. 32.
32. Deputy Pat Rabbitte asked the Minister for Agriculture, Fisheries and Food the number of applications that have been received to date under the new scheme to attract new entrants to dairying; and if he will make a statement on the matter. [26072/09]
Deputy Tony Killeen: On 10 June 2009, the Minister announced details of the scheme for the allocation of milk quota to new entrants. While since then in excess of 80 application [272]forms have issued to individuals who have expressed an interest in the scheme, no completed applications have, as yet, been returned to the Department. As the closing date is 31 July 2009, I expect that the majority of applications will arrive nearer that date.
The eligibility criteria for the scheme require that each applicant must satisfy certain education and training qualifications; have no milk quota, nor have been a producer previously; have a holding comprising lands owned and-or leased; have a separate independent herd number in which the dairy animals will be registered and have separate milking and milk storage facilities. The applicant must also submit a five-year business plan.
The closing date for applications is 31 July 2009 and it is expected that the assessment group will meet to consider applications in the week beginning 31 August 2009. Assessment of applications will be carried out by a group chaired by John Tyrrell, ICOS. New entrants who acquire quota under this scheme will be required to commence milk production by 1 April 2011.
Deputy Seán Sherlock: Some of the farming organisations in Macra na Feirme have expressed disappointment that a number of farmers who acquired quota after 1 April have been excluded from the scheme. Will the Minister of State set out the reason or logic for excluding these farmers who were new entrants having only acquired quota after 1 April and will he state whether it is possible the Minister will reconsider his decision?
Deputy Tony Killeen: As the Deputy will be aware, there must be a starting and closing date for all schemes. There is a pool of 13.5 million litres of milk which I understand will be sufficient to cater for 67 applicants. It is difficult to know at this stage how many applications have been made because historically applications to the Department of Agriculture, Fisheries and Food tend to come in in the last day or two. Those of us who operate constituency offices, including the Leas-Cheann Comhairle, will be aware that they often arrive a day or two after the closing date.
It is difficult at this stage to predict how many applications will be received. As I stated, 80 forms have been issued, none of which has as yet been returned. It is difficult to make a call in respect of Deputy Sherlock’s question until the final applications have been received, examined and adjudicated on by the panel.
Deputy Michael Creed: I presume the Minister of State will confirm that it is the wish of the Department of Agriculture, Fisheries and Food that those new entrants that will acquire quota under this scheme will grow that enterprise and will in future milk trading opportunities increase their quota share. If that is the intention — nothing else would make sense because a quota of the size envisaged would not be economically viable in the long term — to take up the point made by Deputy Sherlock, it is foolish in the extreme of the Department, in the structuring of this scheme for new entrants, to penalise would-be new interests to dairying who, through their own initiative, have acquired quota through previous milk quota trading schemes but who received a derogation from product from the Department. I agree that anyone who has previously produced milk should be excluded but there are people who, when they saw this scheme coming, thought they would position themselves to have extra on top of what they could secure under that scheme by buying it under the milk quota trading scheme.
It is foolish, and I plead with the Minister of State to revisit the issue. He envisaged people would grow their quota after the allocation of the new entrants’ amounts but those with the initiative to acquire quota prior to that date will be excluded from the scheme. It makes no sense. This is a handful of people who took a chance and hoped they would be approved under [273]this scheme but who meet the criteria in all other respects. We are stifling their initiative to go out and acquire quota. It is foolish in the extreme.
Deputy Tony Killeen: Deputy Creed is right. The intention would be that these farmers who would be allocated quota under this scheme would increase their quota and have viable holdings in the near future. Around 60 new entrants came into the dairying sector in the past year who might, had the scheme been in place, have had an expectation that it might cover them. As happens with all incentive schemes, the intention would be to encourage new entrants who, in the absence of this scheme, might not have even considered getting into dairying or found themselves unable to do it. The impact of this scheme would enable them to become participants in dairying.
Deputy Seymour Crawford: I also ask the Minister of State to reconsider. In light of the fact that there is no installation aid, and the quantity is so small, does he believe young farmers will be able to take up the scheme? There is no longer any grant aid to build a milking unit or to build a house on a separate farm. How can the Minister of State expect young farmers to be able to use the scheme?
Deputy Tony Killeen: The hope is that the level of incentive provided by the existence of the scheme will encourage people who otherwise might not be in a position to do so to enter. As I said to Deputy Sherlock, at this stage 80 application forms have been sent out and it is too early to predict how many valid applications will be made and how many of those will succeed when the adjudication panel sits. Until that stage it would be premature to consider any other kind of entrants.
Deputy Michael Creed: The point I am making is not related to people who in recent times produced milk, I am talking about people who acquired the right to produce milk by virtue of purchasing quota and who received a derogation from the Department from an obligation to produce it. They had acquired this asset and hoped to be successful in the scheme for new entrants so they could amalgamate the asset they had not produced with the allocation under the new entrants scheme. It is a punishing initiative given the Government envisaged the new entrants would grow their enterprise and acquire more quota. This penalises the entrepreneurial spirit of those who took a risk. The new scheme does that and in the interest of the small handful of people who are in that situation they should not be penalised by excluding them from benefiting under this scheme.
Deputy Tony Killeen: It is unlikely a scheme has ever been devised that has not thrown up hard luck cases or people who might have benefited from the scheme had they been aware of the conditions that might apply. I have listened to Deputies Creed, Crawford and Sherlock and it is a reasonable point but the outcome depends on the number who qualify for the present scheme because it is limited to 13.5 million litres.
Written Answers follow Adjournment Debate.
An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy John Perry — the introduction of bilingual recordings for voice annunciators in lifts and pre-recorded telephone messages in public buildings, including Leinster House; (2) Deputy Seymour Crawford — to ask the Minister for Environment and Local Government to immediately take steps to ensure those added to the electoral register in the run up to the next [274]election, whenever that may be, are full-time residents at the stated address and if he will consider the use of PPS numbers along with proof of address to be the minimum requirement; (3) Deputy Lucinda Creighton — the provision of sports facilities within Iveagh Gardens, Dublin; (4) Deputy Joe Costello — the need for the Minister for Health and Children to resolve the bed crisis in the Mater and St. James’s Hospital; (5) Deputy Joe McHugh — the need for the Minister for Education and Science to re-visit his decision to dismiss a teacher from a primary school, given that it will result in one teacher being forced to teach five classes — primary infants through to third class — which will undermine the second teacher in her efforts to teach students; (6) Deputy James Reilly — to ask the Minister for Health and Children, taking into account the reported intention of thousands of pharmacists to withdraw from contracts with the HSE which will affect medical card patients and many patients using the drug repayments scheme, what plans has her Department and the HSE to ensure the continued supply of medication to patients and if can she explain why she has not accepted the recommendations of the independent body appointed by her Department to examine the pharmacy sector, which recommended that any changes to terms and conditions should be brought in on a phased basis which is in direct contrast to what the HSE and her Department are proposing, which appears to involve an immediate reduction in gross margin to pharmacists of approximately 34%; (7) Deputy James Bannon — the need for the Minister for Education and Science to consider the establishment of an educational campus for the benefit of the Longford region in the recently closed Connolly Barracks, Longford, County Longford; (8) Deputies Seán Sherlock and Brian O’Shea — the plans in place under the rural transport programme to provide essential transport services to those in rural areas who do not have private transport and who are reliant on public transport services, such as that provided by Bus Éireann and other for profit operators, when routes have been suspended by Bus Éireann or other operators; (9) Deputy Seán Fleming — to discuss the plans to lay off 120 workers at the Meadow Meats factory in Rathdowney in the immediate term and the fears for the jobs of the remaining 80 workers in the plant, the devastation this will cause in Rathdowney, County Laois and all the surrounding areas in view of very little alternative employment in the area and if the Minister for Enterprise, Trade and Employment can negotiate with the company with a view to retaining these jobs in County Laois; (10) Deputy Kathleen Lynch — the changes that have been introduced in the qualification criteria for the home tuition grant; (11) Deputies Martin Ferris and Jimmy Deenihan — the need to tackle crime in the Abbeyfeale area of County Limerick; (12) Deputy Tom Hayes — if the Minister for Agriculture, Fisheries and Food will confirm his plans for the Department of Agriculture, Fisheries and Food offices in Tipperary Town, taking into account the geographical necessity of having a Department office in south Tipperary to allow farmers to do business, and taking into account the importance of the jobs to the town.
The matters raised by Deputies John Perry, Lucinda Creighton, Martin Ferris and Jimmy Deenihan and Kathleen Lynch have been selected for discussion.
Deputy Enda Kenny: I will read a short quotation which states:
That quotation comes from a contribution I made in response to the budget in 2003. The legacy of this sort of mismanagement is not new, it has drifted on for a number of years now. The [275]signs have been there but precious little has been done. Just last week, as the Taoiseach is aware, the IMF stated in its report that Ireland is the most expensive country in the eurozone.
In February the Tánaiste asked the Competition Authority to produce a report in respect of the retail-related import and distribution sector. That report was published this morning and it stated that the problem of higher costs and competitiveness is a long-term issue that needs to be addressed. It is stated in the report that this problem is within our control — that is the only phrase underlined in the entire report. It goes on to point out that tackling factors that raise the cost of doing business is the best way of ensuring that Irish retail and production sectors are capable of competing with their counterparts in Britain and beyond. That is the reality. When will we get to grips with this? It has been going on since before 2003.
In respect of the constructive suggestions made by Fine Gael, and now with the Competition Authority pointing out that the solution to this problem is within our own grasp, will the Taoiseach give me three tangible actions the Government now intends taking to restore competitiveness to what it was in the mid-1990s, when Ireland was nimble, flexible and in front? We know what the problem is and we were told today by the Competition Authority that the answer is within our grasp. I ask the Taoiseach to respond in terms of tangible and positive action the Government intends to take.
The Taoiseach: Obviously the Competition Authority report will be considered by the Cabinet when the Tánaiste presents it in due course, probably next week or the week after. The important point on competitiveness in the economy is the need to continue with the direction of policy that has been validated by people outside and domestically in terms of the need to bring order to the public finances, to look to further means by which we can control spending and to find a viable and sustainable way forward through that path primarily.
If it is the Deputy’s intention to support such measures, I look forward to the support of any part of the House, because it is important that this be proceeded with in a way that enhances competitiveness. As part of that we looked at public sector pay and pensions as an important component of total and overall current expenditure and we introduced in February a pensions levy that did not win the support of anyone else in the House although it improves our position.
It is also a question of making sure we can find a way those in permanent and pensionable jobs can assist those whose jobs are at risk or who have no pensions. Finding a progressive and fair way forward is always a matter of political judgment and can be always open to criticism. Ultimately, however, there is no painless panacea.
Deputy Enda Kenny: We are now in a national crisis. Tomorrow the live register figures are expected to show an increase of between 10,000 and 15,000. I do not want to be back here every month looking at spiralling live register figures that represent men and women being made redundant at a time when employment is so critical for us.
In the cut and thrust of debate in the House things that are said can be dismissed for no good reason. Let us consider this national crisis in a positive and constructive fashion, putting our minds together. We have said on numerous occasions that in the short term the Government should reduce the two VAT rates from 21.5% to 21% and from 13% to 10%. We have put forward propositions to slash red tape — a cause of serious concern to small businesses throughout the country — by 25%. We also put forward views on how to reform the regulatory authority to put the consumer, rather than business, first, and suggested that rates be frozen to give businesses a chance to breathe.
The CSO will publish the figures for the live register tomorrow and they may show an increase of between 10,000 and 15,000. I point out constructively that the Fine Gael Party —[276]specifically, Deputies Coveney, Varadkar and Bruton — has produced a serious document on the basis of which we believe 100,000 jobs could be created over four or five years in the areas of clean water, energy, broadband and so on. This would of itself improve the attractiveness of this country as a location for industry while at the same time providing jobs for men and women all over Ireland. In a spirit of dealing with the national jobs crisis, I ask the Taoiseach to arrange for his Ministers to meet with the three senior spokespersons from the Fine Gael Party and officials from the Departments involved to investigate these proposals and their costings in a spirit of constructiveness and decide whether the Government considers there is merit and capacity for job creation in this document.
We can stand up here every week and talk about various proposals from an Opposition party, but this is a serious one. It is about young men and women finding jobs which will of themselves create an attraction for further investment in the country. Rather than the usual promise to examine the issue, I ask the Taoiseach to arrange for the three Ministers involved to meet a formal delegation from the Fine Gael Party, together with the officials, to discuss the merits of our proposals to create 100,000 jobs. That is what the people on the street want. They want to have hope, confidence and a belief that somebody here can point a way towards job creation. We have a serious proposition and I ask the Taoiseach to treat it in a constructive and serious fashion.
The Taoiseach: As I said, Ministers are considering the implementation of policies that have been referred to in Fine Gael’s documents in a range of areas. I will not make any adverse remark about the putting forward of proposals by Fine Gael and I do not believe in engaging in petty partisan politics in any aspect of this. The best thing for me to do is to give my considered response on behalf of the Government to the document — considering various issues, as we must — and I will do so in good faith——
Deputy Enda Kenny: I thank the Taoiseach.
The Taoiseach: ——on the basis that Fine Gael’s proposal is a serious attempt to show people that every effort will be made by the House to address the issues before us in as constructive a way as possible. Now that the elections are over, the next three years may provide us with that opportunity.
Deputy Tom Sheahan: The next year and a half, maybe.
Deputy Finian McGrath: Deputy Sheahan should take it easy.
Deputy Eamon Gilmore: Today is the last day in existence of the Combat Poverty Agency. Whatever reason the Government had to abolish this agency, it is not because it has put an end to poverty. Last Wednesday I raised with the Taoiseach the problems faced by poor people in my constituency — people who have recently been hit by poverty — in accessing the emergency social welfare service operated by the community welfare officers. Today there is still no community welfare officer in Dún Laoghaire. We are told the officer will not be back until 13 July and no cover has been provided. Neither is there any cover for the community welfare officer in Loughlinstown, who will not be back until 14 July.
This service operates for people who have no money. Does anybody in the Government understand what it is like to have no money? One cannot use a credit card because one does not have one; one cannot go to the ATM because one does not have a bank account, or there is nothing in it. The only place one can go if one has no money is to a community welfare officer. In my constituency, which I share with the Minister for Social and Family Affairs, who [277]is sitting beside the Taoiseach, people who have no money are now being told there will be nobody to provide them with money until 13 or 14 July. I raised this last week and nothing was done about it.
Meanwhile, the message that people who have little or no money have been getting over the weekend is the orchestrated leaking of the report of an bord snip nua. We are told it is intended to reduce the social welfare bill by €1.5 billion, which represents a cut of slightly over 7% on basic social welfare payments. This means that a person receiving €204 per week, which is less than €11,000 per year, would have his or her weekly payment cut by about €14. These are the stories we have been hearing over the weekend.
Can somebody ensure that the community welfare service operates efficiently throughout the country and that there is somebody there to meet and hear the needs of people who have no money? Will the Taoiseach give an assurance to pensioners and people on basic social welfare payments that their payments will not be cut?
The Taoiseach: The matter raised last week by Deputy Gilmore is being followed up. The community welfare officer is an important front line service which provides significant support to disadvantaged people. Notwithstanding the pressure it is under, it is critical that the service be maintained. As a result of a significant level of staff absence due to sick leave, as the Deputy pointed out last week, the Dún Laoghaire and Loughlinstown clinics were closed by the superintendent community welfare officer at short notice. The HSE has expressed its regret that the matter was not solved speedily without interruption of service. Emergency measures are now in place to resolve the difficulty. The clinics in question will be open tomorrow from 11 a.m. until 1 p.m. to deal with immediate priority cases and will have full-time staff in place from Thursday. The ongoing industrial relations issues have been referred to the Labour Relations Commission and a date is awaited. I wished to clarify this for the House as the matter has been resolved in the past number of hours after representations by the Minister.
With regard to the question arising from Deputy Gilmore’s statement, the commitment of this Government to social welfare provision is demonstrated by a record over which we are proud to stand, including the quadrupling of child benefit over the past ten years — from €44 to €166 per week — and doubling of jobseeker’s allowance and old age pension. We made those important improvements in times when resources were available to the State, and rightly so. The Deputy referred to the fact that the Combat Poverty Agency is being moved within the remit of the Department of Social and Family Affairs. It is not going out of business. In regard to the national anti-poverty strategy, the implementation of many of the targets that arose under that strategy over the years has fed into the social partnership process and into much of the budgetary policy and decisions that have arisen in successive budgets over a long period of time. I contend that this commitment has been very significant.
The Minister for Finance will deliver a budget in early December. At this point in time, coming into the month of July, it is important to point out that public service pay and pensions together with social welfare make up some two thirds of total day-to-day expenditure. We are facing into a difficult situation this year whereby we are borrowing in the region of €70 million per day to meet the difference between revenue take and the cost of providing public services, including in all those important areas to which the Deputy referred. The Government is very cognisant of the need to ensure, in devising its budgetary strategy for 2010 and thereafter, that we protect to the greatest extent possible those on social welfare and those who require the assistance of the State. That will be fundamental to our approach.
It is also important to point out that the increase in social welfare rates, depending on the various payments, was between 3% and 3.8% in the 2009 budget. This was against a predicted [278]inflation rate of 2.5%, but what we are seeing this year is a deflation rate of the order of 4%, with the consumer price index declining by that percentage in the course of this year. While nobody suggests that welfare payments, by their very nature, are sufficient in all circumstances, I stand over the record of this Government and successive Ministers for Social and Family Affairs who ensured in the good times that we had record social welfare budget packages. Included in this number are the current Minister, Deputy Mary Hanafin, and her predecessors, the Minister, Deputy Martin Cullen, the late Séamus Brennan and others. At this point in the process, as we face into a difficult budgetary situation, we must consider all options while being mindful of the need to protect the most vulnerable to the greatest extent we can possibly can.
Deputy Eamon Gilmore: I am glad to hear that the local problem is being resolved, but it should not have required me to raise it here twice before that happened. This type of emergency service should not break down anywhere and I hope we do not see a repetition of the problem elsewhere.
My second question was to ask the Taoiseach whether he would give an assurance to pensioners and others that there will not be a cut in basic social welfare payments. I can only interpret his reply as a coded confirmation that there will be cuts. Does the Taoiseach consider it reasonable that persons on €204 per week, or less than €11,000 per year, should have their level of payment reduced? I again invite him to assure people categorically that basic social welfare payments will not be cut.
Does the Taoiseach intend to publish the report of an bord snip nua? If so, will he inform the House when that will be done and whether it will be published in full?
The Taoiseach: In regard to the specific issue Deputy Gilmore raised last week and which has been resolved on the basis of the most up-to-date information, there is genuine regret on behalf of the Health Service Executive that this issue arose in the first place. It is a problem that need not and should not be repeated. I hope that is the case. As I said, there are ongoing industrial relations issues which have been referred to the Labour Relations Commission.
Deputy Eamon Gilmore: This is not an industrial relations issue.
The Taoiseach: There are no industrial relations issues in regard to the specific question raised by the Deputy, and he expressed the hope that they would not arise elsewhere. My point is that there is a need for a long-standing industrial relations issue to be resolved so that we can move on.
Deputy Eamon Gilmore: That is a different matter.
Deputy Emmet Stagg: It is a red herring.
The Taoiseach: I am entitled to make that general point as well as answering the specific question.
Deputy Róisín Shortall: It is a separate issue.
The Taoiseach: As I said, the estimated total spend on social welfare this year is €21.3 billion. Given that the anticipated total tax take will be between €32 billion and €35 billion, based on Exchequer returns thus far, the Deputy will accept that this level of commitment by the Government to social welfare provision is unparalleled and unprecedented in the history of the State. I accept that the Deputy, as an Opposition Member, would like categorical assurances on a range of issues. As a member of the Government, it would be unfair of me to decide, in [279]a situation where the Minister for Finance is only beginning an Estimates and budgetary process, that expenditure of that order should not be considered in any way.
Regarding the Deputy’s interpretation of my replies, I remind him that there was no cut in social welfare rates last year. The reason we avoided such cuts was in order to ensure that we protected people to the greatest extent possible.
Deputy Róisín Shortall: What about the 2% cut?
The Taoiseach: In regard to that particular matter, an option that was available was to cut rates. I am responding to the Deputy’s leader. One of the options for the Government to consider was the cutting of rates, but it was not taken up on the last occasion. Not only were there no cuts in rates but, as I have indicated, there was an increase of between 3% and 3.8% in rates against the background of a disinflationary rate of 4% this year. During the times when resources were available to the Government in far greater measure than is the case now, the social welfare provision did not simply meet the inflationary effect, as was the policy of a Government in which the Labour Party was centrally involved, but far exceeded inflationary targets, and rightly so, in line with national anti-poverty strategy commitments and targets, many if not all of which were met by this Administration when it had the capacity to do so.
An Ceann Comhairle: Anois, iarratais chun tairisceana a dhéanamh an Dáil a chur ar athló faoi Bhuan Ordú 32. Now we come to requests to move the Adjournment of the Dáil under Standing Order 32.
Deputy James Reilly: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, to ask the Minister for Health and Children, notwithstanding the need to ensure value for money, given the reported intention of thousands of pharmacists to withdraw from contracts with the Health Service Executive, which will affect medical card patients and many others using the drug payments scheme, how her Department and the Health Service Executive plan to ensure the continued supply of medication to patients; and if she can explain why she has not accepted the recommendations of the independent body appointed by her Department to examine the pharmacy sector, which recommended that any changes to terms and conditions should be brought in on a phased basis, in direct contrast to what the Health Service Executive and her Department are proposing which appears to involve an immediate reduction in gross margin to pharmacists of approximately 34%.
Deputy James Bannon: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the Government-driven injustice which has resulted in those earning the lowest salary levels in the Civil Service, including students taking temporary summer employment at approximately €285 per week, being forced to pay two levies on their limited means, while those at the top salary level are technically exempt and mostly refusing to pay the pension levy because, according to a reported comment from a member of the Judiciary, they believe they are entitled to what they earn.
An Ceann Comhairle: Tar éis breithnithe a dhéanamh ar na nithe ardaithe, níl siad in ord faoi Bhuan Ordú 32.
The Taoiseach: It is proposed to take No. 1, Aviation (Preclearance) Bill 2009 [Seanad] — Second and Subsequent Stages. It is proposed, notwithstanding anything in Standing Orders, [280]that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; the following arrangements shall apply in relation to No. 1 — the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 9.30 p.m. tonight and the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 10.30 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Transport; and Private Members’ business shall be No. 73, motion re investigation of complaints in relation to Mr. Michael Shine.
An Ceann Comhairle: There are two proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed to? Agreed. Is the proposal for dealing with No. 1, Second and Remaining Stages of the Aviation (Preclearance) Bill 2009, agreed to?
Deputy Enda Kenny: As many Fine Gael Party Deputies wish to speak on this important issue, I do not agree with the proposal to guillotine the debate at 9.30 p.m.
Deputy Eamon Gilmore: This is the first of eight guillotines the Government intends to use on business this week, which is not the way to conduct business or have legislation passed. Over the years, we have had many examples of Bills that were rushed in the final couple of weeks of the parliamentary session ending up being bad legislation. Time and again, problems have arisen in the courts as a result of unforeseen difficulties in such legislation, with the inevitable consequence that the Government, at a later stage, has been forced to produce amending legislation to correct the mistakes that have been made. This objection is altogether separate from the discourtesy the Government is showing the House in this matter.
While I am glad the Government has responded to the request made by Opposition parties last Thursday for a debate on the IMF and OECD reports on the state of the economy, the Government has shown a degree of cynicism in deciding to schedule the debate from 3.30 p.m. until 9 p.m. on Friday. While the Labour Party is pleased to participate in the debate and proposes to make a full contribution to it, the Government has shown parliamentary cynicism in choosing a time of the week when the House tends not to receive the public media attention it receives at earlier or more central parts of the week’s business.
Deputy Caoimhghín Ó Caoláin: Not to repeat what has been said, the Aviation (Preclearance) Bill requires proper discussion and debate in the House. The imposition of a guillotine will not accommodate full participation. I join with other voices in appealing to the Taoiseach and Chief Whip to change the Order Paper for today’s business to allow this legislation to take its natural course with the involvement of Deputies at all Stages.
The Taoiseach: As I stated, the Aviation (Preclearance) Bill is important legislation for the country and, specifically, the Shannon region in terms of the improved facilities it will provide. The legislation needs to be enacted as quickly as possible. It has been sought on the floor of the House by Deputies from all sides for some considerable time. I understand from the latest list of amendments that five amendments will be taken on Report Stage. We are providing sufficient time for the Bill, particularly for Second Stage to which Deputies from all sides would like to contribute.
The Bill confirms the positive contribution made by the excellent initiative undertaken by the Minister for Transport and successfully piloted by him to the point where we will have a unique facility in transatlantic travel available to us at Shannon and, in due course, in Dublin. [281] It is very important legislation which we need to enact quickly to send a strong and positive signal to the mid-west, which awaits the facility with great aplomb.
Question put: “That the proposal for dealing with No. 1 be agreed to.”
The Dáil divided: Tá, 77; Níl, 72.
| Tá | |
| Ahern, Dermot. | Ahern, Michael. |
| Ahern, Noel. | Andrews, Chris. |
| Ardagh, Seán. | Aylward, Bobby. |
| Blaney, Niall. | Brady, Áine. |
| Brady, Cyprian. | Brady, Johnny. |
| Browne, John. | Byrne, Thomas. |
| Calleary, Dara. | Carey, Pat. |
| Collins, Niall. | Conlon, Margaret. |
| Connick, Seán. | Coughlan, Mary. |
| Cowen, Brian. | Cregan, John. |
| Cuffe, Ciarán. | Cullen, Martin. |
| Dempsey, Noel. | Devins, Jimmy. |
| Dooley, Timmy. | Finneran, Michael. |
| Fitzpatrick, Michael. | Fleming, Seán. |
| Flynn, Beverley. | Gormley, John. |
| Grealish, Noel. | Hanafin, Mary. |
| Harney, Mary. | Haughey, Seán. |
| Healy-Rae, Jackie. | Kelleher, Billy. |
| Kelly, Peter. | Kenneally, Brendan. |
| Kennedy, Michael. | Killeen, Tony. |
| Kirk, Seamus. | Kitt, Michael P. |
| Kitt, Tom. | Lenihan, Brian. |
| Lenihan, Conor. | Lowry, Michael. |
| McEllistrim, Thomas. | McGrath, Mattie. |
| McGrath, Michael. | McGuinness, John. |
| Mansergh, Martin. | Martin, Micheál. |
| Moloney, John. | Moynihan, Michael. |
| Mulcahy, Michael. | Nolan, M. J. |
| Ó Cuív, Éamon. | Ó Fearghaíl, Seán. |
| O’Brien, Darragh. | O’Connor, Charlie. |
| O’Dea, Willie. | O’Flynn, Noel. |
| O’Hanlon, Rory. | O’Keeffe, Batt. |
| O’Keeffe, Edward. | O’Rourke, Mary. |
| O’Sullivan, Christy. | Power, Peter. |
| Power, Seán. | Roche, Dick. |
| Ryan, Eamon. | Sargent, Trevor. |
| Scanlon, Eamon. | Treacy, Noel. |
| Wallace, Mary. | White, Mary Alexandra. |
| Woods, Michael. | |
| Níl | |
| Allen, Bernard. | Bannon, James. |
| Barrett, Seán. | Breen, Pat. |
| Broughan, Thomas P. | Bruton, Richard. |
| Burton, Joan. | Byrne, Catherine. |
| Carey, Joe. | Clune, Deirdre. |
| Connaughton, Paul. | Coonan, Noel J. |
| Costello, Joe. | Coveney, Simon. |
| Crawford, Seymour. | Creed, Michael. |
| Creighton, Lucinda. | D’Arcy, Michael. |
| Deasy, John. | Deenihan, Jimmy. |
| Doyle, Andrew. | Durkan, Bernard J. |
| English, Damien. | Enright, Olwyn. |
| Feighan, Frank. | Flanagan, Charles. |
| Flanagan, Terence. | Gilmore, Eamon. |
| Hayes, Brian. | Hayes, Tom. |
| Higgins, Michael D. | Hogan, Phil. |
| Howlin, Brendan. | Kehoe, Paul. |
| Kenny, Enda. | Lee, George. |
| Lynch, Ciarán. | Lynch, Kathleen. |
| McCormack, Pádraic. | McEntee, Shane. |
| McGinley, Dinny. | McGrath, Finian. |
| McHugh, Joe. | McManus, Liz. |
| Mitchell, Olivia. | Naughten, Denis. |
| Neville, Dan. | Noonan, Michael. |
| Ó Caoláin, Caoimhghín. | Ó Snodaigh, Aengus. |
| O’Donnell, Kieran. | O’Dowd, Fergus. |
| O’Keeffe, Jim. | O’Sullivan, Jan. |
| O’Sullivan, Maureen. | Penrose, Willie. |
| Perry, John. | Quinn, Ruairí. |
| Rabbitte, Pat. | Reilly, James. |
| Ring, Michael. | Shatter, Alan. |
| Sheahan, Tom. | Sheehan, P. J. |
| Sherlock, Seán. | Shortall, Róisín. |
| Stagg, Emmet. | Timmins, Billy. |
| Tuffy, Joanna. | Upton, Mary. |
| Varadkar, Leo. | Wall, Jack. |
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Deputy Enda Kenny: I ask the Taoiseach whether the Government has taken a firmer view on when the second referendum on Lisbon will be held. When we say early October, are we talking about the 2nd, 3rd, 9th or 10th?
Second, I see that some reports are beginning to be leaked from An Bord Snip Nua. I understand the Government will receive this report formally on Thursday or Friday. Is it intended that Opposition parties will be given a copy of Colm McCarthy’s report in its entirety so they can consider it? It is obviously an important piece of work with implications for many sectors of Irish life and society. Once the Government has received it and it has been given to the Minister for Finance, will Opposition parties be presented with a copy?
Third, this evening’s joint Private Members business motion seeks an inquiry into the activities of Mr. Michael Shine, who was struck off the medical register by the Medical Council’s fitness to practice committee. I note the Government amendment deals with a number of issues the Government has considered. Central to that is the meeting the Minister for Health and Children had last week with members of Dignity4Patients, some of whom were affected by Mr. Michael Shine. Arising from that amendment, somebody will clearly have to inquire into what happened here. It would save a lot of time and debate if the Government would say that in respect of the Fine Gael-Labour motion, it will have a commission of inquiry with particular references and a limited timescale. It would save the House and the Minister a lot of time.
An Ceann Comhairle: The motion and the amendment can be discussed tonight.
Deputy Enda Kenny: It would give the Minister for Health and Children the opportunity to say something also. Somebody has to find this out anyway. While measures are in place to prevent it happening again, it happened in this case and these patients were abused. Some nine or ten reasons are given in the Fine Gael-Labour motion as to why that happened, but somebody needs to find out.
[283]An Ceann Comhairle: Deputy Kenny will have to discuss that tonight.
Deputy Enda Kenny: May I have a response from the Taoiseach as to whether the Government will concede to having a commission of inquiry? Let us get on with the business that needs to be dealt with.
Deputy Eamon Gilmore: I support Deputy Kenny’s pursuit of the issues raised in the joint Fine Gael-Labour motion. This matter will have to be inquired into. It would be better if the Government agreed to the proposal we have made, which is modest and should not divide the House. I ask the Taoiseach to reconsider the Government’s position, which would appear to be to amend the proposal before the House.
An Ceann Comhairle: I do not want to pre-empt that debate.
Deputy Caoimhghín Ó Caoláin: I wish to raise two of the matters referred to by Deputy Kenny. As regards the facilitating legislation for a second referendum on the Lisbon treaty, I noted the remarks of our EU Commissioner at the weekend when he clearly indicated that the reason it was not put in the first instance to member states, other than Ireland, was that it would have been overwhelmingly rejected by the electorates of the other member states.
An Ceann Comhairle: The Deputy should not worry about that. We cannot go into that.
Deputy Caoimhghín Ó Caoláin: That was the former Minister for Finance’s opinion. Given that we all want to see the Irish people deliver yet another clear and unequivocal “No” to the Lisbon treaty and that they are supported by so many EU citizens——
An Ceann Comhairle: The Deputy cannot use the Order of Business to discuss a referendum.
Deputy Caoimhghín Ó Caoláin: ——as confirmed by Mr. McCreevy, will the Taoiseach advise the House when he proposes to bring forward the legislation? Will he give us the date and the factual position?
The second matter concerns an bord snip nua, by any other name. When will the House have an opportunity to be informed of the recommendations in the Expenditure Review Committee’s report? Will we have an opportunity to explore, debate and go through the detail of this report fully before the summer recess? Will the Taoiseach at least confirm that the report will be circulated to all parties, so that we will have an opportunity to debate it properly on the floor of the House?
An Ceann Comhairle: I call the Taoiseach on the laying of the report before the House and the referendum Bill.
Deputy Ruairí Quinn: Thanks for the interpretation.
An Ceann Comhairle: I am a great believer in synopsis.
Deputy Ruairí Quinn: I am a great exponent of it.
The Taoiseach: I am always guided by the Chair. As regards the referendum Bill, The Minister for Foreign Affairs has already spoken to colleagues and spokespersons in the House, indicating that it will be published this week. The Government intends to take it next week. Enacting the legislation will provide us with the opportunity to proceed to the next step of announcing the date. As I have said, it is envisaged it will be in early October.
[284]The special group established last December to review the scope for reducing or discontinuing expenditure programmes in Departments, and to make recommendations for reducing public service numbers to ensure a return to sustainable public finances, was due to report at the end of June. Hopefully it will meet that target within the next few days. It is finalising its arrangements and at that stage the report will be presented to the Minister for Finance who in due course will present it to the Government. The Government will make decisions as to what it wishes to do. It is obviously part of the Estimates and budgetary process.
Deputy Enda Kenny: There will be a lot of leaking before that happens.
The Taoiseach: The Deputy will appreciate that the Government has a job to do in this respect. I do not anticipate any Government discussion as to how we wish to proceed regarding its recommendations before the report is presented. The group’s function is to make recommendations, as has been agreed, and it is a matter for the Government to decide whether to accept recommendations. In the first instance, the report will be brought to the Minister for Finance and then to the Government. We will then decide how to proceed.
As regards the Private Members’ motion before the House, I do not want to anticipate that debate. The Government has tabled an amendment to the motion and the debate will ensue in Private Member’s time. We should see what emerges from that debate, rather than seeking to pre-empt it before it starts.
An Ceann Comhairle: Deputy Gilmore has another matter.
Deputy Eamon Gilmore: I have two matters concerning reports, the first of which is the report of what is called an bord snip nua. When will that report be received by the Government and when will it be published? Will the House have an opportunity to consider it before we break for the summer?
I have asked before about the report of the Dublin archdiocese commission of investigation into clerical sex abuse. When is it likely to be received by the Government and published? There is an article by Patsy McGarry in The Irish Times today, which states the Government expects to receive that report in the week beginning 12 July, which of course will be after the House has gone into recess. The newspaper article that, having received the report, the Minister for Justice, Equality and Law Reform will refer it to the Attorney General because of impending prosecutions, apparently. Is that report in The Irish Times accurate?
The Taoiseach: I cannot verify its accuracy one way or the other. My understanding, however, is that it is not likely to be in July; it could well be delayed somewhat. We do not have any control over that. We will of course deal with it as soon as it becomes available to the Government, but there are matters concerning the finalisation of the report to which I am not privy. As soon as the Government receives it, we will give it whatever attention is required. I cannot confirm that timescale is still operative.
As I said in my reply to Deputy Kenny, it is expect the report of the special group will be with the Minister by next week. It was due by the end of June, but I understand it is being finalised and that we will have it next week. I do not anticipate it will be debated in the House before the break.
Deputy Liz McManus: Is it to be published?
[285]Deputy Denis Naughten: This time last year we passed the Intoxicating Liquor Bill. One of its provisions relates to the banning of below-cost selling of alcohol, which is widely advertised in the media. In order for the ban to be introduced, we needed to get approval from the European Commission. That was sought by the Government and I understand it has been obtained. When will the secondary legislation be brought forward in order that these sections can be enacted and we can ban the sale of below-cost alcohol?
The Taoiseach: The sale of alcohol Bill will be published later this year. I will have to get back to the Deputy on the secondary legislation.
Deputy Denis Naughten: I am not talking about the sale of alcohol Bill, but the legislation that was enacted last year that requires secondary legislation.
The Taoiseach: I will have to revert to the Deputy on that.
Deputy Jan O’Sullivan: The Adoption Bill 2009 has gone through the Seanad, but looking at the timetable for this week and next week, it is unlikely that we will deal with it in this House before the summer. Has the Taoiseach heard anything from the Minister of State, Deputy Barry Andrews? I believe he is in Vietnam at the moment. Does the Taoiseach expect that there will be a bilateral arrangement in place between Ireland and Vietnam in order to fill the vacuum in advance of the enactment of the Adoption Bill?
The Taoiseach: The Minister of State has undertaken a visit to Vietnam to discuss this matter with ministry officials over there, as well as with the relevant Minster. There was nothing prearranged about this visit and it is as a result of his intention to do everything that he can to expedite this matter. Meeting these officials face to face is an indication of the sincerity of his intentions. However, there are no guarantees of an outcome because we are dealing with a sovereign government and we are doing our best to find a mutually suitable arrangement.
Deputy Jan O’Sullivan: So there is nothing at this stage to report.
Deputy Bernard J. Durkan: The Taoiseach has indicated to the House the Government’s intention to introduce legislation to bring about a reversion to traditional banking and lending policies. Is it intended to utilise one of the proposed Bills before the House already under section A, B or C, or is it intended to bring in separate legislation? When does he think that such legislation will be introduced, if it is found to be necessary?
The Taoiseach: I understand that legislation on the improvement of the supervisory and regulatory arrangements of financial institutions will be taken in the autumn.
Deputy Charles Flanagan: Earlier today we voted on eight guillotined motions that were placed on the Order Paper by the Government. Can I add two more? The Government published the Criminal Justice (Amendment) Bill 2009 this afternoon and it contains very far reaching proposals. Given the fact that the Dáil is due to rise next week, there is no way that the House will have had an opportunity to scrutinise this Bill in a proper manner. I also read in the newspapers that the Government is about to publish the enforcement of court orders (amendment) Bill 2009 tomorrow, which it wants to “push through” the House by next week.
This is no way to deal with legislation and Parliament is being treated in a contemptuous fashion by the Government. We have eight motions dealing with guillotines, I have referred to two more and I am sure there will be other examples between now and the close of business. The courts occasionally refer to the intention of the Dáil when matters are being deliberated [286]in the High Court or the Supreme Court. How can the courts look to the intention of the Dáil if we have not had an opportunity to address the matter in any meaningful way whatsoever?
The Taoiseach: It is intended that Second Stage of the Criminal Justice (Amendment) Bill 2009 will be taken on Friday, with remaining Stages to be taken next week. I understand the enforcement of court orders (amendment) Bill 2009 will be with the Seanad on Friday and will revert to this House next week.
Deputy Charles Flanagan: It has not been published yet.
Deputy Seán Barrett: Where has all this legislation been for the past few months?
The Taoiseach: I can only convey to the Deputy the information that has been provided to me on these issues.
Deputy Charles Flanagan: If I did not ask about it, we would never know.
The Taoiseach: The Order of Business allows people to ask about the progress of legislation. I understand the Whips have been informed of the intention of our own Whip to order the business this week and possibly next week as well. The Whip only deals with other Whips and does not deal with everybody else, so that is a matter for internal communication.
Deputy Joe Costello: In view of the fact that we are in the worst crisis ever regarding the availability of hospital beds——
An Ceann Comhairle: I cannot go into hospital beds now.
Deputy Joe Costello: ——and at least a quarter of beds are not available at the moment, and certainly not in the Mater Hospital and Saint James’s Hospital——
An Ceann Comhairle: I cannot discuss that on the Order of Business.
Deputy Joe Costello: Accident and emergency departments simply cannot cope. People who are going for emergency operations are caught——
An Ceann Comhairle: I cannot deal with that now.
Deputy Joe Costello: There is a frustration expressed by consultants——-
An Ceann Comhairle: If every Member was allowed that facility, this is all we would do.
Deputy Joe Costello: They cannot operate because there is no——
An Ceann Comhairle: It is not possible to deal with that now. I call Deputy Kathleen Lynch.
Deputy Joe Costello: I have a question.
An Ceann Comhairle: Is it a question on legislation?
Deputy Joe Costello: No, I am asking whether we should be sacking the Minister for Health and Children or the HSE management. This is an intolerable situation.
An Ceann Comhairle: We cannot deal with that.
Deputy Joe Costello: Can we have a debate on this issue?
[287]An Ceann Comhairle: Unless a debate is promised, questions cannot be asked about it.
Deputy Joe Costello: There are no step down facilities and no community facilities.
An Ceann Comhairle: Deputy Costello, you cannot use up the Order of Business in this fashion. It is not on. I call Deputy Lynch.
Deputy Joe Costello: These are the real issues.
An Ceann Comhairle: I call Deputy Lynch. You must stay in order.
Deputy Joe Costello: I would like the Taoiseach to tell us when we are likely to have some kind——-
An Ceann Comhairle: I call Deputy Lynch. You must find another way to raise this issue, and there are several ways of doing so.
Deputy Joe Costello: There is no way of getting an answer to this. I have been raising it——
An Ceann Comhairle: There are several ways of raising it. I call Deputy Lynch. I do not want to ask Deputy Costello to leave, but I will do so if this keeps going.
Deputy Joe Costello: People simply cannot have their——
An Ceann Comhairle: You must resume your seat. You are out of order and you will have to raise that another way. I call Deputy Lynch.
Deputy Joe Costello: Last week——
An Ceann Comhairle: When the Chair is on its feet, you must resume your seat. I must ask you now to leave the House. I call Deputy Lynch.
Deputy Kathleen Lynch: I wish to ask about a Bill dealing with the legal capacity of people with an intellectual disability, namely, the Mental Capacity Bill 2008. Where exactly is this Bill? The last time I asked about it, I hoped the Title would be changed to the legal capacity Bill, as that would make much more sense. It is not just about evidence at trial, but about the ability to make a will and the ability to make decisions in respect of health treatment, something that Deputy Costello bravely tried to raise. Will we see this Bill before the session concludes?
The Taoiseach: We will not have that legislation before this session concludes. It is hoped to have it before the end of the year.
Deputy Joan Burton: What is the position on the report of the Commission on Taxation? Will the Government publish it before the end of this session? Will the working papers be made available? It is very difficult to have a discussion about the report unless we have full access to both the report and the working papers. The same applies to the McCarthy report of an bord snip nua. Does the Government intend to publish in full both of these important economic documents and their working papers?
The Taoiseach: I have already stated to the House that the purpose of the special group appointed last December to review the scope for reducing or eliminating spending programmes and to look at the recommendations for reducing public service numbers was to help us to return to a sustainable public finance position. That must be considered by the Government in the first instance. I cannot anticipate what decisions will be made on the report. It was sought [288]for this time of the year, so that it could provide for a timely input into the Estimates and budgetary process. That begins from this time of the year, so the report’s recommendations will be considered and decisions will be made by the Government. It is far too early to make any suggestions——
Deputy Joan Burton: I asked if the Government was going to publish it. Will the Taoiseach make a commitment to publish it?
The Taoiseach: I have just explained to the Deputy that I cannot give any commitment about publishing a report until it is received and considered by the Government. When the Government receives the report, it will decide in what way it will deal with it. It was commissioned to assist in ensuring that the Government, facing into a very difficult situation, gets a full and comprehensive review of all spending programmes and can consider all the options which may be available to it. I point out, of course, that none of them is easy and all involve considerable consideration by the Government. However, we will take those decisions in due course and in a timely and appropriate fashion. This is an input into that.
Deputy Seán Barrett: The media is being briefed.
The Taoiseach: In regard to the question on the Commission on Taxation, that report is due in the autumn. It is a timely report and one which will be given consideration by Government as well——
Deputy Seán Barrett: The Taoiseach should let us know what newspaper to get and we will read it.
The Taoiseach: ——and published in that instance because it is an important policy-related area——
An Ceann Comhairle: I call Deputy Damien English.
The Taoiseach: The report on public service numbers is an issue for Government to consider in the first instance.
Deputy Damien English: I raise an issue which will affect many retailers as of tomorrow when provisions under the Public Health (Tobacco) Acts 2002 to 2004 will come into force. Last March the Minister of State, Deputy Mary Wallace, gave the impression, if not a commitment, to many retailers that she would change the legislation. Many retailers preparing for the coming into force of the changed legislation tomorrow learned today that she has not made those changes.
I have a press release giving a commitment that these changes would be made before tomorrow.
An Ceann Comhairle: What legislation was promised?
Deputy Damien English: I refer to the Public Health (Tobacco) Acts 2002 to 2004. This is promised because it is on the Department of Health and Children website.
An Ceann Comhairle: Will the Deputy name the legislation?
Deputy Damien English: I will name it. It is legislation to amend the Public Health (Tobacco) Acts 2002 to 2004. Provisions in that legislation are due to come into force tomorrow. Minor [289]changes were to be introduced which would make it easier for retailers and businesses, which are already under pressure, to implement these provisions. It was basically common sense. They were given a commitment. The Chief Whip’s office probably knows about this. A commitment was given in March of this year to change the legislation. It is very incompetent and I am very disappointed such a simple matter could not be handled correctly.
An Ceann Comhairle: I call Deputy Emmet Stage on the same issue.
The Taoiseach: I will revert back to the Deputy. I do not know.
Deputy Emmet Stagg: I have been contacted by the Irish Cancer Society which is concerned that cigarette smoking be limited and discouraged. I understand the heads of a Bill were due before Cabinet this week to reduce the fine imposed on shopkeepers for displaying tobacco goods. Is that true? If it is, will the Bill be introduced before the end of this session? I understand the proposal is to reduce the fines to a derisory level making them ineffective.
An Ceann Comhairle: Is there a difference between serious smoking and un-serious smoking?
The Taoiseach: All smoking seriously damages one’s health. No brands are exempt.
Deputy Emmet Stagg: Will the Bill be introduced before the end of the session?
The Taoiseach: I will revert back to both Deputies.
Deputy Damien English: I confirm we fully support the Bill with these new common sense measures in it. It is what we are seeking, not a reduction in fines in case there is any complication.
Deputy George Lee: I refer to the company law (consolidation and reform) Bill. Yesterday in the United States, a major fraudster, Bernie Madoff, was jailed for 150 years for a $65 billion fraud. I am struck by the fact that, in terms of Irish company law, it takes so long to bring anybody to justice. Bernie Madoff was in handcuffs and in jail within two months of the discovery of this fraud. An action relating to National Irish Bank is going through our courts at the moment, ten years after the event.
An Ceann Comhairle: The Deputy should ask a question which is in order.
Deputy George Lee: We all know that many people involved in corporate law are waiting to see what happens in the financial services area because of so much money being lost there.
An Ceann Comhairle: Does the Deputy have a specific question?
Deputy George Lee: It is stated that the purpose of the company law (consolidation and reform) Bill is to clarify, simplify and modernise Irish company law. In regard to that legislation, is it likely that there will be any attempt to speed up the process in which the law will be applied so that we do not have to wait ten years for people to be brought to justice for the kinds of fraud which have taken place?
An Ceann Comhairle: The legislation cannot be discussed now. Perhaps the Taoiseach wants to contribute.
The Taoiseach: In regard to the consolidation of company law generally, that exercise will happen next year. Other legislation has been passed recently in regard to company law. While certain agencies are independently provided with the statutory powers to investigate these [290]matters which are currently ongoing, there is also the question of the independence of the Director of Public Prosecutions in respect of criminal offences. That is a competence which is exclusive to the Director of Public Prosecutions in respect of criminal charges. That is the law and constitutional position in this country.
An Ceann Comhairle: Is the Bill opposed?
Minister of State at the Department of the Taoiseach (Deputy Pat Carey): No.
An Ceann Comhairle: Since this is a Private Members’ Bill, Second Stage must, under Standing Orders, be taken in Private Members’ time.
Deputy Ruairí Quinn: I move: “That the Bill be taken in Private Members’ time.”
Minister for Transport (Deputy Noel Dempsey): I move: “That the Bill be now read a Second Time.”
Deputies will be aware that this Bill was initiated in Seanad Éireann on 9 June and was passed there on 16 June. I wish to acknowledge the amendments that were made to the Bill during its passage in that House and I believe the Bill has improved as a result. I propose to bring forward two further amendments on Committee Stage here, the subject matter of which initially arose in the Seanad. I gave an undertaking in at least one case that we would deal with the matter in this House.
The purpose of the Aviation (Preclearance) Bill 2009 is to give legal effect to a landmark intergovernmental agreement reached last November between Ireland and the United States of America on air transport preclearance. Air transport preclearance means that passengers of US bound flights from Ireland can be fully cleared for entry to the US in respect of all necessary US controls and checks, including US immigration, customs, agriculture and security prior to departure. That will allow aircraft to land at any US airport and will facilitate easy onward connectivity to all points within the United States.
Preclearance is a very significant development for Irish aviation. As well as improving the passenger experience for those travelling to the US, preclearance should, over time, contribute [291]significantly to the growth of new business for Irish airports as airlines take advantage of unique opportunities arising from access to a wider range of airports in the US.
Preclearance for commercial aircraft is due to commence at Shannon on 29 July next and for private aircraft there in September. Preclearance is due to be introduced at Dublin airport when terminal 2 opens next year.
Preclearance is the process whereby all inspection and clearance requirements under US laws for travellers arriving into the US are carried out at the departing airport. Such passengers arriving at US airports are then processed without any further official contact. On arrival at the US airport they will have a status similar to that of passengers arriving from another US airport.
For passengers the benefits are that they are processed through all US entry procedures before they travel and knowing that when they arrive at their destination, they will have an uninterrupted passage through the US airport. In addition, passengers will be able to travel onward to other US destinations while remaining airside thereby obviating the need for further security and baggage checks.
For the airport authority the benefit is that they will now be able to market its airport as a hub for US bound flights having these preclearance advantages. This service is not on offer to any other European country.
The recent announcement by Delta and Aer Lingus of the suspension of a number of transatlantic services from Shannon for the winter season is very disappointing news, especially in the context of preclearance commencing there in a matter of weeks. While my initial concerns, on hearing of these decisions, related to the economic impact they would have on business and tourism in the region, I was also concerned that a reduction in transatlantic services could generate a negative response from the US side in regard to the introduction of preclearance. Yesterday, I had the pleasure of meeting the US Secretary for Homeland Security, Ms Janet Napolitano, for discussions on preclearance and had the opportunity of putting that point to her. I was glad to receive her reassurance that the US is committed to preclearance for Ireland and the commitment will not be affected by the suspension of some winter services to the US.
Both Ireland and the US expect the level of transatlantic flights to be precleared at Shannon will increase over time once the advantages that preclearance brings become clear to all airlines. The introduction of preclearance in Shannon Airport this summer is not only a vote of confidence in its current position as a key Irish airport. It is also an investment for the future to position Ireland to take maximum advantage of the aviation opportunities that will arise when the world economy climbs out of the current recession. I am reinforced in that view because I understand the US authorities have no plans to introduce similar facilities elsewhere in Europe. This provides Irish airports with a unique marketing opportunity in attracting airlines and creating new business in the key transatlantic aviation market.
Under this legislation, US preclearance officers in Ireland will be empowered to carry out their duties in dealing with requests for entry into the US. In other words, the only powers to be exercised by preclearance officers at Dublin and Shannon Airports will derive from this legislation and will only be exercisable within clearly defined preclearance areas. Other powers assigned to preclearance officers in the United States are derived from US law but these are not exercisable in Ireland in the performance of preclearance duties.
The preclearance agreement with the United States, on which this legislation is based, was drafted in close co-operation with the Office of the Attorney General to ensure it is consistent with the Irish Constitution. Accordingly, only the laws of Ireland will apply at all times in the [292]preclearance facility and the various preclearance areas. The only powers that can be exercised by a preclearance officer are those created by the Oireachtas under this legislation.
The transatlantic aviation market is of enormous strategic, economic and cultural importance to Ireland. However, the ongoing global recession and high aviation fuel costs are having a seriously negative impact on the industry. Consumer demand for air travel has fallen sharply in recent months and transatlantic traffic is being hit particularly hard this year. The challenge is to ensure Irish aviation is well positioned to take advantage of the economic recovery when that comes. In that context the full potential of preclearance can be realised, including the promotion of Irish airports as hubs for in-transit preclearance.
Several outside expressions of interest in preclearance have been made. British Airways has announced that from the autumn it will be operating a business class only service from London City Airport to the US with a stopover at Shannon, precisely for the purpose of taking advantage of the preclearance services there. Initially this will be a once-daily service which will expand to a twice-daily service in a matter of weeks. Preclearance is also being introduced at Shannon for private US-bound aircraft from September next. Similar to the interest shown by commercial aviation, we can expect an increase in private and business aircraft routing through Shannon to take advantage of preclearance. Each additional aircraft routing through Shannon for preclearance will create a positive commercial impact on the airport and the surrounding regional economy.
Under this legislation, preclearance officers of the US Customs and Border Protection Service will be authorised to carry out certain functions with passengers and aircraft bound for the US at designated preclearance areas of Irish airports that would otherwise be carried out on arrival in the US. The functions of preclearance officers in Ireland shall include the inspection of individuals, their goods and aircraft, the searching of individuals, with the assistance of a member of An Garda Síochána in certain circumstances, and the holding of individuals, where the circumstances warrant it, pending the arrival of a member of An Garda Síochána who would then take charge.
Where, during the course of an inspection, a preclearance officer discovers an item the possession of which constitutes an offence under Irish law, the preclearance officer would seek the assistance of an Irish law enforcement officer. If a situation arises where goods need to be seized, they shall be seized by an Irish law enforcement officer. The Bill makes provision for a right of appeal in situations where goods have been seized.
The necessary preclearance facilities will be provided by the airport authority and the costs recovered from the participating airlines through a passenger charge.
When negotiating the agreement, both sides saw the merit in not including in the agreement, the details of operational procedures for the practical implementation of preclearance on the ground. It was decided that these would be negotiated separately between the parties and agreed before implementing preclearance.
Section 1 provides for the interpretation of the Act. Section 2 enables the Minister to make regulations designating preclearance areas at the airports. In such areas US preclearance officers would be able to undertake necessary procedures to grant preclearance to passengers seeking entry to the US and necessary security safeguards would be implemented.
Section 3 outlines the duties and responsibilities of travellers in the preclearance area such as an obligation to provide an accurate written declaration of all goods and to comply with the lawful requirements of an Irish law enforcement officer or a preclearance officer. Failure to adhere to such obligations constitutes an offence. Seanad Éireann adopted an amendment to [293]this section which provides that it shall be a good defence to show that one had reasonable grounds for believing that his or her declaration was duly made in accordance with this section.
Section 4 provides the traveller with a right to withdraw from the preclearance area at any time, subject to certain exceptions relating to threatening or obstructive behaviour by the traveller or where a person is suspected of committing an offence under Irish law.
Section 5 outlines the functions of preclearance officers when processing applications for preclearance, including powers to search a traveller and his goods with his consent and to search a person and his goods in the preclearance area without warrant when suspected of posing an immediate threat. Preclearance officers may also detain a person or private aircraft where an offence is suspected and to forthwith deliver that person or private aircraft into the custody of an Irish law enforcement officer to be dealt with in accordance with Irish law. Subject to section 5(4), preclearance officers may also detain goods, which are not accurately declared by a traveller and forthwith deliver them to an Irish law enforcement officer for the purposes of sections 8 to 10, inclusive, which deal with a special procedure for seizure and detention of goods to be administered by the Revenue Commissioners. Under section 5(5) preclearance officers, as a condition for the grant of preclearance, may require the traveller to pay a sum of money that would be payable by that traveller on postclearance in respect of any particular goods or to surrender the goods.
Section 6 sets out the functions of Irish law enforcement officers in the preclearance area where a person is suspected of making a false declaration of goods, or is in possession of goods that is controlled or prohibited in the State, or if the person is suspected of otherwise posing a threat to persons in the preclearance area. An Irish law enforcement officer may search the person without warrant and detain the person for such time as is reasonably necessary for carrying out the search subject to certain provisions. An Irish law enforcement officer may examine, seize or detain anything found in the course of the search that might be required as evidence in a prosecution. Section 6(6) provides the powers granted under section 6 shall not prejudice other powers exercised by Irish law enforcement officers to search or to seize or detain goods.
Section 7 restricts entry into the preclearance area to preclearance officers, travellers and other authorised personnel. It also sets out the powers enjoyed by preclearance officers and Irish law enforcement officers in the interests of security and the proper functioning of the preclearance area. It empowers such officers to ask a person to leave the preclearance area in certain circumstances. A person who contravenes this provision shall be guilty of an offence. Sections 8 to 10 provide for the seizure of goods not declared or falsely declared, the procedures for making a claim to the Revenue Commissioners in respect of goods seized and the procedures to be followed by the Revenue Commissioners in the event of the seizure of goods and the processing of claims by the Revenue Commissioners.
Section 11 provides that the responsibility for costs incurred in respect of transit passengers who are refused preclearance are to be borne by the air carrier. The air carrier may recoup the costs from the traveller. Section 12 clarifies the status of in-transit preclearance travellers under the Aliens Act 1935 and the Immigration Act 2004. Section 13 provides for privileges and immunities to be enjoyed by citizens of the United States who are assigned to carry out preclearance functions in the State under this Act. In line with Article IV(4) of the relevant agreement, section 13(6) enables any person who would be precluded from suing the US authorities because of immunity granted under this section, to sue the Minister.
Section 14 empowers an airport authority to charge fees to air carriers availing of preclearance. Section 15 is a standard provision relating to the power of the Minister to incur expenses in the administration of the Act. Section 16 gives the Minister the power to make general [294]regulations as necessary to give effect to the Act and agreement and to make regulations to ensure the integrity, security and proper functioning of preclearance areas. Sections 17 and 18 provide for the offences and penalties to be applied under the Act. Section 17 was amended in the Seanad to ensure that the penalty for assaulting a member of the Garda Síochána is no less than the penalty already provided for in the Criminal Justice (Public Order) Act 1994. Sections 19 to 21 provide for the repeal of the Air Navigation and Transport (Preinspection) Act 1986, a minor amendment to the Third Schedule to the Freedom of Information Act 1997 and for the Short Title and commencement of the Act.
I have given a general overview of the Bill before the House, which does not have significant financial or staffing implications for the Exchequer. The potential of the legislation, in so far as job creation and the long-term economic benefits for Ireland are concerned, is obvious. Preclearance will give the aviation industry an opportunity to develop business in this country’s key international gateways. While the immediate challenge will be to weather the current recession, I firmly believe all international airlines will fully embrace this unique opportunity to increase their business over the long term. This is an important development for our State airports, particularly Shannon Airport where preclearance will be introduced a full year ahead of Dublin Airport. I urge the airport authorities to fully utilise the unique marketing advantage they will have. Good international air access is a key factor in mitigating the impact of Ireland’s peripheral location. I refer in particular to that of the west of Ireland. This is even more important in these recessionary times. Growth in air transport links has played a significant part in our economic success since the mid-1990s. This initiative will help to ensure that air transport plays an even greater role in our economic recovery. I commend the Bill to the House.
Deputy Fergus O’Dowd: I would like to share time with Deputies Joe Carey and Pat Breen.
Acting Chairman (Deputy Johnny Brady): Is that agreed? Agreed.
Deputy Fergus O’Dowd: Fine Gael supports this Bill, the principles of which have received strong endorsement from my colleagues in County Clare, County Limerick and the rest of the mid-west region. As a result of this legislation, which provides for the creation of preclearance areas in Dublin and Shannon airports, passengers at those airports will be able to pass through US customs, immigration and security checks in Ireland before they depart for the United States. It is anticipated that this measure will have a positive effect on the travelling experiences of such people. It will benefit Dublin and Shannon Airports, in particular, while improving the tourism and general infrastructures of those areas. I hope this Bill will allow Shannon Airport to develop as a much more dynamic hub. It may well become a European centre for low-cost flying. Low-cost operators might be able to fly into Shannon, secure preclearance and move on to airports in the US that do not currently need customs clearance. In other words, people might be able to go to the US as if they were going on an internal flight.
The Bill before the House should bring about significant cost savings for carriers that fly into airports other than the major ones about which we are well used to hearing — the New York airports, for example — and should benefit the tourism and business sectors in the mid-west region. It is important that agreement has been reached to provide full preclearance facilities at Dublin and Shannon airports, as it will benefit both airports. This exclusive agreement between the United States and Ireland gives a crucial competitive advantage to Ireland’s two main airports, by comparison with airports in the rest of Europe. I note the Minister’s comments in that regard. I hope the Government will insist on the full development of this [295]new arrangement, for example by engaging in a serious and sustained marketing campaign, aimed at European and international airlines and tourism markets.
I thank the research unit of the Oireachtas Library for giving me information on passenger numbers at Dublin, Shannon and Cork airports between 2004 and 2008. The number of passengers going through Shannon Airport dropped from 3.6 million in 2007 to 3.1 million in 2008. The number of transatlantic passengers using the airport decreased from 746,000 in 2007 to 574,000 in 2008. The significant marked decline in the number of passengers going through Shannon Airport has clearly had a significant downstream impact on jobs and services in the area. The airport’s overall passenger numbers decreased by 12.5% between 2007 and 2008, while transatlantic passenger numbers fell by 23% during the same period. The importance of the transatlantic routes to Shannon Airport is apparent from the share of passenger traffic accounted for by such routes. In 2007, for example, transatlantic passengers accounted for 21% of total passenger traffic from Shannon Airport. I note the Minister’s comments about Aer Lingus’s intention to withdraw some of its services from Shannon Airport. I refer in particular to the New York service. Following sustained local and national pressure, the airline has agreed to continue the services for a period of time. The Minister mentioned that he was concerned about the impact such a withdrawal might have had on this entire proposal. Following his meeting with the US Secretary of Homeland Security, Janet Napolitano, he said he was happy that this commitment continues to be in place.
It is important that we consider this legislation as a mark of the historic and good relationship between Ireland and the US over many years. I understand that a delegation from the US Congress is visiting the Oireachtas today. The members of the delegation are very welcome. It is important that Ireland has historically had such a close relationship with the US. My brother, Niall O’Dowd, has met many of the key decision-makers in the US. He encourages and supports the ongoing commercial and business relationship between the two countries. The Bill under discussion is a testament to the value the US puts on its relationship with a small country like Ireland. It demonstrates the importance the US authorities attach to the relations between the two countries. We can fly it as a flag of recognition of that relationship. I hope it will continue and that there are benefits, not just for the Irish people but also for the United States.
The US Homeland Security Secretary, Mr. Michael Chertoff, identified the following benefits for the United States, and I quote:
The major benefit for Ireland, in terms of passengers passing through the country, is that once the new preclearance facilities are in place, US-bound passengers out of Shannon and Dublin Airports will have uninterrupted passage to US airports on arrival — and all US customs, immigration and agriculture clearance will now be completed before passengers leave Ireland. Currently, only US immigration facilities are available at both airports. Passengers will now be able to check their baggage through Shannon and Dublin to their final destination in the US, even where this might involve two flights with different airlines. Some of us have had the experience of believing that our baggage was going through only to find when arriving in New York that we could not embark on the second aircraft because our bags had not arrived. This is important and is a very big plus.
The explanatory and financial memorandum states that the Bill does not have significant financial or staffing implications for the Exchequer. It does not, however, provide any detailed [296]costings to support this statement and no regulatory impact analysis, RIA document, regarding the Bill has been published. Perhaps the Minister will explain and expand on this on Committee Stage. We very much favour the Bill, but in the interests of transparency and openness, we need to know more about it.
Additional responsibilities will arise for the Garda Síochána and for Revenue officials, which are to be met from within existing sources. Some of those additional responsibilities may include assisting preclearance officers to conduct searches on passengers, goods and aircraft; proving adequate security measures in the light of a potential increase in passenger numbers; and considering actions against the State by a person who is precluded from taking an action against a preclearance officer. There are significant costs there which the Minister might comment on.
The Bill allows a levy to be placed on aircraft users by the operating airport. There are some indications regarding the length of preparation that will be required to substitute the preclearance facilities for the previous pre-inspection activities. An article in the Irish Examiner estimated the cost at approximately €20 million in terms of the total cost of all these new services. Again, I would emphasise our support for the Bill while asking the Minister to comment on that.
According to Shannon Airport’s schedule of miscellaneous charges for 2009 the charges to airlines for the use of enhanced facilities will increase more than sixfold. The current charge is €1.51 per passenger and this may increase to €10.50 per head. I would ask the Minister to comment on those issues.
I have one final point to raise. Some issues will militate against certain Irish people gaining entry to the United States, whether through this or any other means. If somebody is involved in an inadvertent or small breach of regulations, for instance in regard to filling in a fishing log or whatever, because this is deemed to be criminal office, that at present means the person concerned can be denied admission to the US because of the charge recorded against him or her in terms of the law. I appreciate this is not the specific legislation for dealing with such questions and I am aware Deputy Jim O’Keeffe has published a Bill that seeks to address this issue where clearly, very minor infringements of some rules and regulations debar people with resulting criminal convictions from entry into the US. Will the Minister say whether the Government intends to address these issues in the near future or to support Deputy O’Keeffe’s Bill?
Deputy Joe Carey: At the outset I put on the record my warm support for this legislation which will establish the first full US preclearance facility in Shannon Airport, County Clare. New sources of growth will be required in any Irish economic recovery. This Bill, as a landmark in the development of Irish aviation, could offer the type of potential required for us to regain some of our international economic competitiveness. However, it will only happen if the facility at Shannon Airport is developed and marketed properly and not merely regarded as a conclusion to a process in itself.
This legislation should not be regarded by the powers-that-be as a conclusion to proper balanced regional development. It is the first step in beginning to redress the grotesque imbalance that has occurred between Dublin and Shannon, our two transatlantic airports, over the past number of years. Despite the fact that over one third of Irish economic activity takes place in the west of the country, Dublin Airport accounts for 78% of overall passenger activity, according to 2008 figures, and 75% of transatlantic passenger activity.
[297]Shannon Airport’s strategic geographical location offers enormous potential as a bridge between east and west for the future. This new facility at Shannon can realise the potential the region has in creating a link between many of the world’s airlines and the USA. This can only happen if the Government goes back to its spatial strategy and produces more meaningful plans on regional development. The new preclearance facility in conjunction with the fact that Shannon is a 24/7 airport and maintains a competitive edge in fuel pricing, augurs well for the future of the region if attention is given by the Government to properly balanced regional development.
This legislation and the service it underpins must not just merely be a means to an end. It must not just be used as an excuse to keep the people of the mid-west and the west on-side and happy for a short period of time. It must form the foundation for a new set of ideas, a new set of innovations and a new attitude towards properly balanced and sustainable regional development and not merely the “one for everybody in the audience” philosophy that has been the attitude towards regional development heretofore.
Transatlantic services have been historically important to Shannon Airport and by extension the economic potential of the mid-west and west regions. Transatlantic passengers have formed up to 21% of all traffic through Shannon Airport. Transatlantic numbers through Dublin Airport peaked in 2008 at 7.4% of all passengers through the airport. It is clear that euro for euro, transatlantic activity has a much more significant impact on the future of Shannon and the mid-west region than it does for Dublin. The introduction of open skies last year has had a profound effect on the ability of an airport such as Shannon to survive and contribute as the engine of properly balanced economic regional development. The preclearance facility proposed will offer Shannon an effective marketing tool for the future.
I hope we do not have a repeat of the marketing budget fiasco of last year’s post-open skies plan when an initial €53 million promise became a more modest €5 million reality. Since the introduction of open skies in March 2008, the increase in transatlantic passenger numbers through Dublin almost matches the decrease in Shannon. In the interests of proper and effective regional development the State cannot allow this pattern continue. The Government may try to absolve itself of its responsibilities, claim no jurisdiction and generally stand back as it did on the Shannon-Heathrow service but it must in the future, if any lessons have been learnt, take a more progressive and interactive approach towards ensuring sustainable regional development. This preclearance facility is a small but significant step forward. It can, if marketed and sold properly, offer an opportunity for Shannon and the greater region.
It is time the Minister got real on the €10 travel tax introduced in the recent budget. This tax is having a devastating effect on Shannon Airport. Ryanair has effectively halved its service. It used to have six aeroplanes based in Shannon and now has only three. A €10 charge represents a 100% tax on the average Ryanair winter fare out of Shannon. I appeal to the Minister to re-examine the €10 travel tax, to walk away. He should make it more equitable by making it a percentage of the air fare. It is not right that he subjects the cost-sensitive traveller to this. He is driving much needed business away from Shannon.
Why not call Ryanair’s bluff if the Minister does not believe it will restore these aeroplanes and routes if the travel tax is axed? Governments across Europe, in Belgium for example, quickly withdrew their travel tax because of the negative impact it was having on their tourism trade. There was a similar experience in the Netherlands. Ireland is an island nation that depends heavily on air navigation to support our tourist market and business interests. We can ill afford a travel tax. In the interest of balanced regional development, and in the interest of Shannon Airport, the Minister should withdraw this tax. He cannot tax the airline industry out [298]of recession. I again ask the Minister to remove this devastating tax before it causes further damage to our tourism industry.
The Government should seriously examine broader connectivity issues for Shannon regarding rail links with Limerick city and consequentially the national rail network. The Government must work on improving infrastructure. We have to pull up our socks regarding broadband throughout the region and improve our road network and sea ports, and all the measures that can get people and goods moving quickly. That is very important. This is what makes for a very attractive base for foreign direct investment, from which Shannon and the mid-west region has benefited greatly in the recent past and through the decades. As we found out last week, the Government has allowed this aspect of its management to slide with disastrous consequences.
I do not in any way want to be negative about this legislation but it merely offers Shannon, at most, an 18-month competitive advantage over Dublin. We can see from the published Dublin Airport Authority figures the manner in which Dublin Airport is slowly undermining Shannon. I make no apology about the fact that Shannon Airport, as an engine for a significant region of the country, needs the Government to ensure that it is properly served from a supporting infrastructure point of view. The issue of autonomy for the Shannon Airport Authority will and should come onto the political agenda. It is outrageous that Shannon Airport must always have one eye looking towards Dublin and the DAA, which to all intents and purposes is its competitor, before it can make a decision.
Shannon has always had to fight its corner. The calibre of men such as the late Dr. Brendan O’Regan and the now retired Mr. Liam Skelly of Aer Rianta, have ensured that despite external pressures, Shannon has always been a centre of innovation regarding air travel and associated economic activity. The current management team, led by Mr. Martin Moroney and supported by both the airport authority and Shannon Development can, if properly backed up in an unambiguous manner by the Government, build on this new development for Shannon Airport and the wider region. I welcome this legislation.
Deputy Pat Breen: I welcome the opportunity to speak on this very important legislation for the mid-west. The late Jim Mitchell, as Minister for Communications, placed the US pre-inspection legislation before this House in June 1986. This was to provide the legislative framework for the establishment of US immigration at Shannon Airport. At that time the aviation industry was in the midst of uncertainty. A series of international aviation terrorist incidents in 1985 and 1986 had put enormous pressure on the aviation sector. Against this backdrop the late Minister said in the Dáil, “This new situation makes it all the more necessary for us to take all possible measures to maximise the attraction of this country and its airport facilities to airlines flying between the US and Europe.”
Some 23 years later the aviation sector is at a similar crossroads. That is why the introduction of this legislation here today and the extension of the US preclearance facility at Shannon Airport is so important in terms of positioning the airport for the future and ensuring it is best placed to challenge for new opportunities when there is an upturn in the fortunes of the aviation sector. While I would have liked to see this legislation come before this House a long ago, I very much welcome it this afternoon. I have always advocated and supported the setting up of the full US preclearance facility at Shannon Airport. I discussed this matter with the previous US ambassador to Ireland, Mr. Thomas Foley, who was very supportive of this development. I also met the previous US Secretary of Homeland Security, Mr. Michael Chertoff, when he was in Dublin and I understand that the Minister met the new Secretary of Homeland Security, Ms Janet Napolitano, in Shannon over the weekend. Her presence there was a very positive move.
[299]Like Deputy Joe Carey I am disappointed however that the Government is persisting with the €10 air travel tax. The Minister should have availed of this legislation to include an addendum to review the tax now. Ryanair has already announced the axing of several routes from its winter schedule and this is not the time to introduce a new travel tax. People are not travelling and this tax is a further disincentive to travel.
As I have said, I am a strong supporter of the introduction of preclearance. This will be the first such facility in Europe and is an unique selling point, especially for Shannon Airport. In the wake of the introduction of EU-US open skies, the skies have fallen in on transatlantic business at Shannon. In 2008 transatlantic passengers through Shannon fell by a whopping 23%, a fall of more than 170,000 people to 570,000 people, while at Dublin Airport transatlantic traffic grew by 14% during 2008 with a record number of 1.8 million passengers. However, by the end of 2008, Dublin’s share of transatlantic business had risen to 75% compared to Shannon at 25%. This decline at Shannon is set to continue with more cutbacks in US services on the way: Delta has pulled off the JFK route and Aer Lingus is dropping its Shannon-Chicago link with the future of its JFK remaining uncertain with the route “under review”.
The future is far from certain at Shannon. The opportunities which will arise when this facility is in place must be exploited. For example, private jet traffic is set to take off in Shannon with anything up to 70 jets a day expected to avail of the facility, approximately 500 jets a week. The feedback from the general aviation sector is positive towards this project. In addition to the private jet traffic, there is an opportunity for low-cost transatlantic carriers operating from Shannon Airport. Transatlantic passengers who have cleared the facility at Shannon will be able to check their baggage all the way to their final destinations in the US. Domestic airports are generally cheaper for airlines to use, are less congested and make flying a much more pleasant experience for the passenger. This will help airlines reduce their costs and with freer access to aircraft stands in these US airports, it will help airlines to reduce the time their aircraft spend on the ground.
I am disappointed with one aspect of the legislation and the Minister might mention it in his reply. The legislation makes no mention of the provision of cargo preclearance at Shannon Airport. The Lynx Group, a global airport cargo facility company, signed a memorandum of understanding with Shannon Airport earlier this year, the result of which has the potential to develop Shannon Airport into a major international logistic hub and business facility for cargo. The way forward for Shannon Airport is joint ventures. Here we have an innovative American company which is willing to invest in the mid-west region.
We need to utilise best international practice and the Lynx Group is one of the world’s best providers of expertise and resources in developing and managing cargo ports. It has its own ports and operates a wide variety of cargo facilities throughout the world. The CEO of the company, Ray Brimble, who is very positive about the future development at Shannon, has expressed the view that the provision of full US cargo preclearance “would be another significant strategic advantage for a major international cargo port at Shannon”. There is no doubt that the possibility of having full US cargo preclearance has attracted a company like the Lynxs Group into Shannon region and we must not let this opportunity pass. We need to invest in cargo infrastructure at Shannon Airport, which is ideally located for companies as an access point between east and west, especially for companies wishing to expand into Europe. We need to have adequate facilities in the mid-west region so that we are in a position to provide a world class logistics facility and attract new industries to the region. Providing top class cargo facilities would especially help those involved in research and development and also the pharmaceutical industry where time is critical and items may have a short street life but a high value. I ask the Minister to support the expansion of this facility to include cargo preclearance and [300]to initiate negotiations with the US Government with a view to expanding the preclearance facility at Shannon to include cargo at the earliest possible date.
The provision of full US preclearance is another first for Shannon Airport, an airport which has a proud history of firsts. It was the first transatlantic gateway. It had the first duty-free shop. It was where the Irish coffee was first made. I congratulate the management and staff of the airport for having the foresight to see the potential that this project offers and for rigorously pursuing it. In the 1950s and 1960s when Ireland was also in an economic crisis, that great aviation pioneer from County Clare the late Dr. Brendan O’Regan did not just sit back, but went into expansionist mode. He invested in a new runway and the Shannon Industrial Estate was born. He was motivated by the constant threat that Shannon would be over-flown. Little has changed in the intervening 50 years and the threat still remains. We need that same level of expansionist and innovative thinking now more than ever.
The Minister’s task is not completed by just bringing this legislation through the House today. The Government must provide marketing support in the form of a ring-fenced budget to promote this facility. This is the only such facility available in Europe and the reality is that other airports in Europe like Paris-Charles de Gaulle or Frankfurt will be trying to put a similar facility in place at their own airports in coming years. We must capitalise on the window of opportunity we have and must ensure this unique facility is marketed and promoted throughout the world. This project has the potential to create jobs and attract industry to our region. It cannot be left to fly solo and requires a clear commitment of marketing funds from the Government. We were promised €53 million in the tourism and economic plan when the open skies policy was introduced but that has been whittled down to a €4.5 million regional marketing fund which is being spent on the Discover Ireland’s “Wonderful West” programme overseen by Tourism Ireland.
We need an aggressive marketing campaign led by the Shannon Airport Authority and supported by Shannon Development targeted at both scheduled and general aviation airlines. For this campaign to succeed an investment by the Government of €200,000 for the next three years, which is not an unreasonable amount, would be appropriate. My fear is that without this targeted marketing campaign the true potential of this project will not be realised.
I support this legislation as does my party. I ask the Minister to address the issues which I have raised here. Later I will deal with some of the sections Deputy O’Dowd mentioned earlier. Section 6 outlines what will happen to passengers when they are refused entry into the US and when goods are seized. I hope the Minister will ensure that adequate resources will be made available to the Garda Síochána and Customs officers at Shannon Airport to deal with the additional workload.
Section 14 of deals with cost. Some €20 million has been invested in Shannon Airport. The charge will go from €1.50 to €10.50 per passenger. I ask the Minister to outline what the charge at Dublin Airport will be when this facility is provided there next year. Shannon Airport needs to have a lower rate if it is to compete as otherwise it would be at a major disadvantage. I welcome the legislation and hope it gets a speedy passage through the House tonight.
Deputy Thomas P. Broughan: I am delighted to have the opportunity to discuss the Aviation (Preclearance) Bill which puts into legislative effect the November 2008 agreement between the Government and the US Government on air transport preclearance. I welcome the introduction of the Bill and strongly support the main objectives which will widen the scope of the provisions established under the Air Navigation and Transport (Preinspection) Act 1986. I would also like to be associated with the welcome for the new US Homeland Security Chief [301]and former Arizona Governor, Janet Napolitano, who visited the Shannon preclearance facilities yesterday.
The legislation will facilitate a much more comprehensive screening and monitoring regime for passengers travelling to the US from Dublin and Shannon Airports, which will in turn allow passengers to move faster and more efficiently through a US airport when they touch down on the other side and give a significant advantage to Dublin and Shannon Airports in facilitating comprehensive preclearance facilities for passengers flying to the US from Europe. Given the serious challenges facing the aviation industry and the declining passenger numbers moving through Irish airports, I hope that the establishment of preclearance at Dublin and Shannon will attract more passengers, transit flights and especially jobs to these two critical airports.
I am often very critical of the Minister on many aspects of transport policy. However, I commend him and the Department on bringing this legislation forward within seven months of the agreement last November. The seven month time span must be a record for this Minister in the introduction of legislation. We have been waiting for more than two years for the road traffic Bill which we hope will contain key legislative provisions. Many people are waiting for it day by day with no sign of it. I welcome that he has brought this Bill before us tonight.
I note that section 21 indicates that the Act will “come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose (including a particular airport, or part of an airport) or provision and different days may be so appointed for different purposes and provisions”. Last November and again today the Minister said he hoped the preclearance facilities would be in operation in Shannon Airport next month and in Dublin Airport in November 2010. Section 2 provides that the Minister may designate preclearance areas in a particular airport. If he designates specific parts of the airport, will the preclearance services remain continuously at that location? Will moving their location require regulation from the Minister? Our colleagues might be aware that terminal 2 at Dublin Airport will house the facility. Does the Minister still expect the deadlines for both airports to be met?
I also understand that before the Bill becomes law, diplomatic notes must be exchanged between the Governments of Ireland and the US. What issues will be addressed in the diplomatic notes? Are our diplomatic notes fully prepared? Will there be any consultation? Are there any outstanding security issues still to be addressed given that we are now dealing with the US Department of Homeland Security? What will be the immediate impact of the operation of the facilities on staffing levels in Shannon and Dublin Airport? Will most of the staff involved in the preclearance facilities be US Customs and Immigration Service officials? How many preclearance officers and related support staff will now be relocated to Dublin and Shannon Airports? I appreciate that there will be an economic spin-off from the work of those officers.
What will be status of the 2004 State Airports Act which broke up Aer Rianta and gave legal effect to the full separation of Dublin, Cork and Shannon Airports? The decision of the then Taoiseach, Deputy Bertie Ahern, and then Minister for Transport, Deputy Cullen, to break up Aer Rianta was strongly opposed by the Labour Party at the time. The subsequent shambles that has emerged under the Ministers, Deputies Cullen and Dempsey, since the separation of the three airports, the allocation of debts between them and the establishment of separate airport authorities for Cork and Shannon have created dreadful confusion and uncertainty for all three airports. Recent reports indicate that the separation of the airports will not now go ahead even though the legislation is in place and separate boards for Cork and Shannon have been established. I would like the Minister to address how the Aviation (Preclearance) Bill 2009 will affect the implementation of the 2004 Act and to state whether that Act will [302]come into effect. The Labour Party believed Aer Rianta was doing a good job of allocating resources in terms of development of Shannon, Dublin and Cork Airports.
The Bill before us will repeal the Air Navigation and Transport (Preinspection) Act 1986 which facilitated the preinspection of passengers to the US from Dublin and Shannon. That Act allowed officials from the Department of Immigration and Naturalisation to invigilate all passengers in terms of INS immigration and public health requirements at Dublin and Shannon Airports. However, as the 1986 legislation states, preinspection does not include inspections required by other United States laws and regulations. As such, the Bill before us provides that passengers will now undergo a much more comprehensive range of checks at Dublin and Shannon Airports, including immigration, public health and customs and agricultural movements. Also, all aeroplanes will be screened for radiological and nuclear threats. Preclearance facilities at Dublin and Shannon will allow disembarking passengers to avoid time consuming procedures. This is particularly true given no other European airport offers preclearance facilities for the United States, which I believe are now only available at some Canadian and Caribbean airports.
The Canadian experience appears to have been positive. There are certain aspects of the US-Canadian agreement which we could emulate, one of which is the five year review which facilitates the operation of preclearance at eight Canadian airports, including Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Ottawa, Montreal and Halifax. The Canadian Government reports that approximately 11.7 million travellers have since the first preclearance facility commenced in 1952 enjoyed the benefits of preclearance through Canadian airports. I note that all of the preclearance facilities in Canada are subject to the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act. The Canadians also convene a preclearance consultative group. I wonder if we will have a similar body for the authorities in Shannon, Dublin, the Department of Transport and the American authorities. The Canadian Government reports that from 1 October 2007 to 30 September 2008 more than 4 million people travelled through preclearance facilities at Toronto. The figure for Vancouver is 3 million and for Montreal, 1.5 million.
The benefits of preclearance facilities will make Shannon and Dublin Airports much more attractive to passengers travelling to the US and passengers transiting from other European airports. I welcome the proposal from British Airways in respect of the London city to Shannon route, which will be of major assistance to Shannon. I wonder if the Minister has been briefed on that proposal and whether he has any further information on any similar proposals from other airlines in respect of other airports in Europe or of initiatives being undertaken by the Dublin Airport Authority to attract as many as possible transiting routes and passengers to use the preclearance facilities.
Has the Department of Transport undertaken an analysis of how many extra passengers and how much extra revenue the introduction of preclearance facilities will contribute to Dublin and Shannon? I accept that comparisons with the Caribbean and Canada would differ considerably given the geographical locations. Has any such work been done by the Department? Also, how much extra revenue does the Minister believe will be generated each year at Shannon and Dublin?
I understand a new US destination may also be opened up to Dublin and Shannon with the advent of preclearance. Currently, some US airports do not allow international flights to land because they have no customs or immigration facilities. Has the Minister held discussions with the DAA in regard to facilitating this type of development, in particular at Shannon Airport? I accept the wishes of some of my colleagues from County Clare that we would be prepared [303]to provide additional funding to develop throughput at our first and great international airport at Shannon.
Article 9 of the agreement between the US and Irish Government deals with the cost of preclearance. I would like to know the cost of the establishment of preclearance facilities at Dublin and Shannon Airports. I note there is a €20 million cost in respect of an important new facility at Shannon Airport. In Dublin, a new terminal 2 is being built which is being financed by Dublin Airport. What will be the cost of preclearance facilities at both airports?
Much of the Bill deals with the technical aspects for implementation of the proposed new facilities. Sections 3 and 4 set out the rights and duties of travellers who enter the preclearance area. I welcome the Minister’s amendment which allows for the possibility of an honest mistake being made by a traveller when filling out a declaration form, an amendment first proposed by my Labour Party colleagues in the Seanad. It would be relatively easy in such situations for persons to underestimate in the official declaration form the value of certain goods.
Sections 5 and 6 set out the functions of preclearance officers and of Irish law enforcement officers. We are creating new offences in the Bill. I note that Canada took a slightly different approach with regard to some of those offences. On that point, will Irish law enforcement officers, the Garda Síochána, always take pre-eminence in the preclearance area or will preclearance officers from the United States have an equal standing with our Irish law enforcement officials? I welcome also the Minister’s amendment No. 3 which states that nothing in the Act shall be construed as permitting a preclearance officer to be in possession of a weapon in the performance of his or her functions under this Act. The Minister will note that I have tabled a similar amendment on behalf of the Labour Party.
Section 13 deals with diplomatic privileges and immunities to which preclearance officers will be subject. These appear to be the same as those applying to diplomatic staff. Perhaps the Minister will say if this is standard procedure wherever the Americans have preclearance in other jurisdictions? In that context, will the Irish Government and authorities have access to background information on preclearance officers who will be stationed at Shannon and Dublin? We have such information in respect of embassy staff.
I note it was stated in the Department’s press release in regard to the Aviation (Preclearance) Bill that Shannon will be the only airport designated to facilitate preclearance for private US-bound aircraft. Will special or enhanced security measures be put in place to invigilate private aircraft using Shannon given the safety and security issues at stake? The Minister will be aware of the question marks over security at small airports around the country. An example is Weston Airport — I am sure the Ceann Comhairle will recall this — from which a flight to Belgium originated and in respect of which a large consignment of heroin was found. What measures will be put in place at Shannon to ensure that private aeroplanes are subject to the strictest standards of monitoring and invigilation?
The Labour Party has long campaigned against the illegal and despicable practice of rendition, which involves the transfer in military aircraft of people from one State to another, outside of all standard judicial and administrative processes, and has allegedly routinely involved the use of torture. I have travelled in the past to Shannon with my colleagues Deputies Michael D. Higgins, Joe Costello and Jan O’Sullivan to protest against the use of Shannon Airport for the purpose of rendition flights. I understand that the standard reply of the Government has been that it has sought assurances from the US Government that rendition flights have never been routed through Shannon. Given President Obama’s decision to close Guantanamo Bay and the preclearance monitoring mechanisms being discussed today, the Minister and his colleagues should insist on a strong and transparent system of monitoring and inspecting all foreign aircraft that use our airport facilities. We should provide that the Garda Síochána [304]can inspect every aeroplane, including all military aircraft, that lands at Shannon, Dublin or anywhere else.
I understand that although the US-Canadian preclearance agreement is fully reciprocal, the Canadians have chosen not to operate preclearance facilities at US airports. Our agreement is also reciprocal. Is there any advantage to our considering Ireland having preclearance facilities at American airports? I understand that the Canadian Ministers for Foreign Affairs and Transport are currently overseeing an independent review of the impact of the evolving economic, security, regulatory, legislative, airport and airline environment on the administration and operation of the Preclearance Act since 2 May 2003, which was designated to take place five years after the agreement came into place. This appears to be a useful practice. Would the Government be prepared to have a similar five-yearly review for the operation of the Irish-US agreement? It would improve the economic prospects of Shannon Airport in particular.
The Canadians have also indicated that even though they have experienced very few complaints from passengers using the system, they advise individuals with a complaint about the preclearance process to take advantage of the United States Department of Homeland Security’s traveller redress inquiry programme — TRIP — which addresses complaints about watch list misidentification issues, situations where travellers believe they face screen problems at ports of entry and situations where travellers believe they have been unfairly or incorrectly delayed, denied boarding or identified for additional screening or secondary inspection at ports of entry. Will Irish passengers be informed about and directed through the TRIP system?
I pay tribute to the staff of the Oireachtas Library and Research Service, who gave us an important briefing that included much of the material dealing with Canada. I note in their excellent briefing document that there are potential environmental and congestion impacts. Can the Minister provide information on the analysis of the environmental impact of the introduction of preclearance when aircraft are included in the CO2 regime in Europe?
The Dublin Airport Authority recently postponed plans for a second runway at Dublin. Will the possible increase in flights as a result of preclearance lead to an early review of that decision? For both Dublin and Shannon Airports there will be a need for ongoing reviews of congestion from preclearance.
Before the end of this session I want to mention the growing difficulties in the Irish aviation sector. Any new service that will enhance Irish aviation facilities and attract more passengers is clearly greatly welcome. Ryanair has announced in the past few weeks, however, that it will cut two planes from its fleet, with the loss of 36 flights a week from Shannon and 44 flights from Dublin. The reduction in service means that 100 Ryanair and reportedly 550 further aircraft jobs will be lost. Those appalling losses come on the back of the Aer Lingus announcement that it will cut its winter flight schedule between Shannon and New York and Chicago. Delta Airlines has also announced the end of scheduled transatlantic service from Shannon from October. Last month the Dublin Airport Authority also reported plans to cut 400 jobs in Dublin and Shannon Airports. Listening to my colleagues from Clare talking about regional imbalance, it is important to note that the 400 jobs lost in Dublin were highly skilled positions and those workers will not be able to find further employment in north and west Dublin. It is critical we fight for jobs no matter where they are because both airports are critical to Ireland’s future.
The reduction in services and jobs follows a serious decline in passenger numbers. This month the CSO reported that in the first three months of 2009, there was a 13% decrease in the number of trips being taken abroad in comparison with the same period in 2008. Traffic through Dublin Airport is expected to drop from 23.5 million to 20 million this year while [305]traffic in Shannon will decline drastically from 3.6 million at the end of 2008 to 3.2 million. These recent decisions will also have a negative impact on Shannon Airport. Ryanair has alleged in 2009 that 2.5 million airline passengers, 2,500 aviation jobs and €1.5 billion in tourism revenue will be lost.
These are all astonishing statistics that the Taoiseach and the Tánaiste should be addressing. We are introducing this Bill at a time of escalating crisis in Irish aviation. Passengers have never faced such a range of extra charges from both the airlines and the airports. Last week, the Commissioner for Aviation Regulation, Mr. Cathal Guiomard, announced a 13% increase in passenger charges, from €7.39 in 2009 to €8.35 in 2010 for Dublin Airport. Charges are set to rise again next year with the opening of the second terminal.
A key criticism from airlines and operators across the spectrum of the travel industry is the negative impact of the €10 air travel tax, which the Minister for Finance introduced in the October budget. In Belgium, the Netherlands, Greece and Spain, similar travel taxes have been axed by the national governments because they want to encourage more people to travel by air in these challenging times.
I have asked the Taoiseach repeatedly about this issue. There was presumably a cost-benefit analysis of the travel tax. It is supposed to bring in €145 million in a full year. We have lost hundreds of thousands of jobs in the past year and a half. Clearly, the cost benefit for the travel tax is negative so it is ludicrous and it is time to revisit it. The Government’s normal reaction is to attack the chief executive of Ryanair, with whom I have differences, but on this matter he is telling us about the situation in an accurate way. It is not worth losing 8,000 jobs in Shannon, Dublin and Cork Airports over this crazy tax. There will be a budget in October and we should get rid of it then.
It is not just the travel and tourism sector of the aviation industry that is troubled at the moment, there is also a serious crisis in the aviation maintenance and heavy engineering sector in Ireland. The Minister rightly said several times in his speech that aviation is a critical industry to us and one we are good at. The Government, however, has allowed the centre of aviation engineering education and excellence to fall apart in the past nine months. This is an appalling act of vandalism. I see the workers who have been laid off, senior staff in their 40s and 50s with few prospects of immediate re-employment. They were the best at what they did on this planet and for the sake of €16 million, the Minister was not prepared to maintain the facilities in Dublin, Shannon and in Rathcoole. The Minister was not prepared to make a stand on those jobs, an act of incredible folly.
I am sick and tired of asking the Taoiseach, the Tánaiste and the Minister for Transport what is happening with the proposed buy-out of SR Technics. All we know is that a lot of hangars are empty where 1,200 people used to work at a high quality, in highly skilled jobs, enjoying a global reputation for expertise. It is incredible and one of many reasons there should be a general election. No other Government could have done as badly.
In the past few days we have given a zombie casino bank €3 billion that we will now have to sweat blood to pay for. That Minister would not give €16 million to preserve an aviation engineering facility. I urge the Minister and his Cabinet colleagues to consider facilitating the purchase of the SRT capital equipment and make the SRT hangars available for a new commercial State enterprise, an enterprise with majority State shareholding, or one supported by IDA Ireland. We need more comprehensive attention on this matter.
On the issue before us, the Minister and his Department are rightly stressing the urgent need for this legislation because of the benefits it should bring to the troubled aviation sector. In recognising this fact, the Minister should agree to broader measures to enhance the aviation [306]engineering and maintenance sector. I have made a number of proposals that I hope the Minister will consider when we reach Committee Stage. I broadly welcome the Bill and hope the Minister will provide further information and clarification on the issues I have raised.
Deputy Timmy Dooley: I am glad of the opportunity to contribute to this Bill and offer some views on it. I welcome the Bill, which has been some time coming, although when one reads its detail it is clear why the time taken was necessary. Because of the complexity of the Bill and the need to deal with the United States it was necessary and right that due time and consideration be taken. I am somewhat confused, however, by the comments of some Opposition Members, particularly one who wished the Bill a speedy passage through the Dáil after voting to delay its passage on the instruction of Deputy Kenny——
Deputy Fergus O’Dowd: What is all this about?
Deputy Timmy Dooley: ——who did not want to see the Bill go through the House tonight.
Deputy Fergus O’Dowd: What is he talking about?
Deputy Timmy Dooley: However, that is neither here nor there as the Bill is now before the House.
Deputy Fergus O’Dowd: We fully support this Bill.
Deputy Timmy Dooley: Based on the contributions that have been made, it is clear the Opposition is supporting it, which I welcome. We are all working together in a collective fashion.
Deputy Fergus O’Dowd: On a point of order, a Chathaoirligh——
Acting Chairman (Deputy Charlie O’Connor): If it is a point of order.
Deputy Fergus O’Dowd: It is a point of order. I wish to make it clear that we fully support this Bill throughout all Stages in the House, and so does Deputy Kenny.
Deputy Thomas P. Broughan: We wanted more time.
Deputy Fergus O’Dowd: We wanted more time but we are supporting the Bill.
Deputy Thomas P. Broughan: There were many people who wanted to speak on it.
Deputy Timmy Dooley: I am well aware of that, but the longer we spend discussing the Bill the longer it takes to pass through the House. I am making the point that we had an unnecessary vote, as I saw it, this evening.
Deputy Kieran O’Donnell: On a point of order——
Acting Chairman: I hope it is a point of order.
Deputy Kieran O’Donnell: I will be quick.
Deputy Fergus O’Dowd: This is ridiculous.
[307]Deputy Kieran O’Donnell: This preclearance legislation is welcome and is vital for Shannon and the mid-west region. Good legislation requires thorough consideration by all TDs in the Dáil. That is the point.
Deputy Timmy Dooley: That is not a point of order.
Deputy Kieran O’Donnell: One takes exception to the fact that Deputy Dooley is saying this. He might correct the point.
Acting Chairman: The Deputy has made his point.
Deputy Timmy Dooley: I take exception to the Opposition’s seeking a vote to effectively delay the passage of the Bill.
Deputy Kieran O’Donnell: The Deputy might correct the point.
Acting Chairman: I ask Deputy Dooley to proceed.
Deputy Timmy Dooley: I believe that is the case and the record of the House will show it.
Deputy Fergus O’Dowd: He is talking rubbish as usual.
Deputy Timmy Dooley: Notwithstanding that, I compliment the Minister on the efforts he has made and the engagement he has had with participants in the region to bring about this vital component of balanced regional development. This will augment the considerable efforts made by the Government to develop infrastructure in the mid-west and west. It is a central plank of this Government’s policy. The parties currently in Government and Fianna Fáil and the Progressive Democrats Party have always sought to improve the infrastructure and set in place the cornerstone of balanced regional development. It is bizarre that others seem to suggest the Government has not made the necessary investment, and I reject that. This is another integral part of its continued efforts in this area. It is then up to the various responsible agencies to develop upon that infrastructure the necessary services and job creation measures in the region and I have no doubt they will do so.
I recognise the tremendous efforts of Shannon Development and the airport authority for the work they have done in conjunction with the local authority and others to ensure the facilities required to provide this service will be in place. In advance of the drafting of the legislation and of the final agreement between the Government and the authorities in the United States, the management at Shannon Airport, under the guidance of Martin Moroney, ensured in conjunction with the local authority that planning permission was in place and that the project would be ready to commence within a month or so.
The passage of this legislation will bring about the most exciting development for a generation at Shannon Airport. Deputies Breen and Joe Carey mentioned some of the other developments that have taken place at Shannon, including the concept of duty free shopping, which has now been introduced throughout the world. It was interesting to see at the weekend that Dubai Duty Free was sponsoring the races at the Curragh and to think that this emanated from some of the really bright people involved in the development of Aer Rianta, including Brendan O’Regan and Liam Skelly, from my own area, who were pioneers in developing the entrepreneurial spirit that has stood the region extremely well. It is heartening that people such as Mr. O’Regan and Mr. Skelly are remembered in the context of the major exciting development we are discussing today.
[308]There have been many other innovative ideas, particularly the early development of Shannon as a staging post for aircraft travelling from Russia to Cuba and the provision of various refuelling services. I was somewhat disappointed to hear this week that Amnesty International had sought to use the International Day in Support of Victims of Torture to highlight Shannon’s notional participation in the abhorrent practice of extraordinary rendition, as mentioned by Deputy Broughan. Nothing could be further from the truth. I have seen no evidence to show any level of participation by the authorities at Shannon in that most abhorrent practice. I am largely complimentary of the work done by Amnesty International but it must target its efforts at the areas in which the greatest results can be achieved.
The Irish Government, in its direct and forthright discussions with President Obama and, previously, with President Bush, sought to highlight the practice of rendition as being entirely wrong and in contravention of international law. This debate should be taking place in Washington and not hanging around the airport in Shannon seeking to sully the name of Shannon Airport in a manner that is unnecessary, unfair and frankly wrong. Shannon is no different, as one of the local councillors said during the week, to a filling station that refuels the car of an armed robber. It is in that context we need to view the role of Shannon.
Amnesty International and others must focus their attention on lobbying the US Government. I welcome the decision that was taken by President Obama and Secretary of State Hillary Clinton in the early stages of the Obama Administration to close the detention camp at Guantanamo Bay and I welcome the Irish Government’s decision to participate in that exercise by agreeing to take a number of detainees. This strengthens that relationship between our two countries — a relationship which I have no doubt is part of the reason the US Government has entered into discussions with the Minister for Transport, Deputy Dempsey, the Taoiseach and others to ensure we are able to provide this service.
There was some criticism by Deputy Broughan, who stated that the Irish Government should not have accepted the assurances of the Bush Administration with regard to the practice of rendition. However, the level of understanding and good will that exists between the two administrations is the basic foundation on which a complex agreement such as this could have been negotiated. The US is conscious, as it has been since the events of 11 September 2001, of homeland security, and for the US Government to offer a franchise of this nature to Ireland — the first and only facility with this service outside the Americas — is truly a recognition of that relationship. Deputy O’Dowd referred to the work done by his brother, Niall. I take this opportunity to acknowledge the efforts of Mr. Niall O’Dowd and many other Irish-Americans in working with various actors, facilitators and politicians in the United States to continue to develop the link between the two countries. We must continue in this vein rather than facilitate the isolationist efforts of some well-meaning people in Amnesty International and other organisations who seek to create an impression about Ireland, Shannon and the Government which is unfair, unwarranted and well wide of the mark.
Other speakers have commented on the visit by the United States Secretary for Homeland Security, Ms Janet Napolitano, to Shannon at the weekend. I understand she is pleased with the progress she has seen. I welcome the clarification from the Minister that there will be a capacity for aircraft flying onwards to the United States to land at domestic terminals and domestic airports. This is vital to our ability to attract new business. Initially allowing the commercial airlines to use domestic terminals at international airports will offer good value for money and allow them to compete in the current difficult environment. It will more than offset the concerns that have been expressed in regard to the travel tax. Moreover, it will assist in lowering the cost of travel to the United States. From this will grow significant opportunities [309]to develop Shannon and other airports, including Dublin Airport. We should not come cap in hand. Shannon Airport can stand proud and need not seek an unfair advantage. It has all the advantages it needs, particularly in terms of its uncluttered air environment, its extremely long and uncluttered runway and its good terminal capacity in comparison with Dublin. What is required is a recognition and commitment that development will not happen on its own simply because the legislation is there or because it has been given the wherewithal to seek to expand. We must go out and market the airport. The airport director, Mr. Martin Moroney, and members of his marketing team have the will and capacity to work on that. They have already shown significant breakthroughs, such as the deal with British Airways to facilitate a high-end service from London City Airport which will initially see one and eventually two services per day transiting through Shannon on their onward journey to avail specifically of the preclearance service. That is most welcome.
Ryanair, under the direction of Mr. Michael O’Leary, has provided good business for Shannon in recent years. Other speakers have referred to a reduction in passenger numbers through the airport. However, they are making comparisons with one year ago, whereas I have been familiar with the airport for much longer. Passenger numbers have grown from 1.2 million to 1.4 million in the late 1990s and early 2000s, to 2 million in 2005 and 3.6 million last year. We are talking about reverting from 3.6 million passengers to 3.1 million. The increase in numbers in recent years came on the back of the significant business that Ryanair has brought to the airport. There has been talk at that airline of the possibility of launching a transatlantic service. Some years ago, Mr. O’Leary claimed he would not envisage such a development until such time as there was a recession and aeroplanes could once more be purchased cheaply. I do not expect the prices of aircraft to fall much further than they already have. Therefore, there may be an opportunity in this regard, with the preclearance service allowing Ryanair to go into the type of airport it has developed throughout Europe. That is where the greatest opportunity resides.
Another important issue is the Minister’s decision to make Shannon Airport the only one in Ireland designated to deal with private aircraft. The latter will generate the greatest potential in the short term for a significant increase in activity at the airport. The landing charges associated with that and the work provided in refuelling and providing aeroplanes with the consumables they require as they pass through will increase business in the region generally. I have spoken to the chief executive officer of Shannon Development, Vincent Cunnane, and its chairman, John Brasil, about these opportunities. They are excited about the prospect of high net worth individuals passing through the airport on a regular basis and using the facilities. In particular, they see an opportunity to develop an international headquarters in the Shannon free zone which would provide access for passengers to European markets. Shannon Development and the tourism agencies are also anxious to encourage some of those who stop at Shannon Airport for preclearance to take a mini-vacation, availing of the fine golf courses and the beautiful landscape throughout County Clare.
There is little doubt that the aviation industry, like every other sector of the economy, is going through a challenging time. Some speakers expressed the view that it is unfortunate for this initiative to come at a time of economic downturn. I, on the other hand, consider it almost a gift from God because it is exactly what is required to smooth out the challenges we face. This type of innovation will help us to retain jobs that might otherwise have been lost at the airport and in the region. I am fiercely proud of the people who have negotiated this, including the workers, at the airport and in Aer Lingus and other airlines, who have taken pay cuts in order to protect jobs. This will help to ensure that Shannon Airport can continue as a pioneering airport on the western seaboard, providing vital access to the west and functioning as an essential component of balanced regional development.
[310]I encourage the Minister to give serious consideration to the issue of capital investment in airports generally. I have been of the view for some time that the Government must concentrate more of its capital investment on Shannon Airport. We may in the past have tried to spread our capital more thinly and to facilitate all airports along the western seaboard. However, the reality is that there is an airport in almost every county, from Waterford to Donegal. Funding them in the way we have done in the past may not represent the best use of public moneys. For an island the size of Ireland, three well-funded airports with a proper capital infrastructure should be the objective. Hopefully we will see continued improvements in this regard.
There have been suggestions by the Opposition that this legislation represents just one part of the infrastructural development that is needed. In reality, it is one of the final pieces in an impressive range of achievements in the region. It is important to recognise the tremendous investment that has gone into the N18. I have spoken to the Minister about the next phase of construction which will see the extension of the Crusheen bypass connecting Ennis with Gort. The onward connection from Gort to Galway must be rolled out as quickly as possible. I look forward to an announcement by the Minister in this regard in the not too distant future. The Crusheen bypass and Ennis bypasses are completed and the Limerick tunnel is under construction and due for completion early next year. We have also seen tremendous work on the western rail corridor. The opening of the Sixmilebridge rail station will provide access to Shannon Airport from our rail network, as referred to by another speaker. There has been a substantial investment in the infrastructure of the mid-west and west, and we must continue to build on that. This legislation fulfils that objective. Another project that is advancing well is the Crusheen rail station. There is future potential for cargo. Shannon Airport’s close access to the Port of Foynes puts forward a strong business case to develop that synergy between the airport and the deep water port. This will require further investment and improvements in the road between Foynes and the new Limerick bypass. With the tunnel, this would provide unhindered access to the airport, allowing large ships to dock and cargo to be broken down and freighted by air to further locations.
I propose to share time with Deputies Jan O’Sullivan, Catherine Byrne and Alan Shatter. Am I eating into my time as I await the Minister’s arrival?
An Leas-Cheann Comhairle: The Minister is listening. The Deputy should proceed.
Deputy James Reilly: This is a simple motion which I hope will not cause controversy or disagreement between me and the Minister. A couple of weeks ago, almost every Member of the House contributed to the debate on a long motion on the Ryan commission report into the abuse of children in institutions. Regrettably, the motion before us addresses a further case of abuse which appears to have occurred for 30 years in another institution which was delivering medical care to the people of the north east, particularly Drogheda, on behalf of the State.
Mr. Michael Shine was struck off the medical register as a result of a Medical Council fitness to practise committee inquiry which found him guilty of professional misconduct in respect of three patients and of the following allegations: making sexual advances to patients; making indecent suggestions and-or behaving indecently; assaulting and-or indecently assaulting patients; undertaking inappropriate or improper medical examinations and-or treatment of patients; and failing to treat patients with due dignity and respect.
On 16 June, in this House, the Minister of State at the Department of Health and Children, Deputy John Moloney, told Deputy Fergus O’Dowd that the Minister, Deputy Harney, had indicated she did not propose to establish an inquiry into this matter. I understand that following her meeting with the organisation, Dignity 4 Patients, the Minister indicated she will con[312]sider an inquiry. I am concerned she will not revert to Dignity 4 Patients before the end of the session. The ambivalence shown by the Government and the mixed messages it is sending are also matters of concern. I hope we will agree to hold an inquiry and avoid having a division on the motion.
Victims, some of whom have waited for up to 30 years while others have passed away, are entitled to a full hearing before a commission of inquiry. We need to underpin everything we do with regard to State activity and service, whether provided directly by the State or indirectly through agencies, with three key principles, namely, transparency, accountability and fairness. If we had transparency about Mr. Shine and his activities and the manner in which management at the hospital, the former health board, the Health Service Executive, the Garda Síochána and the Director of Public Prosecutions dealt with complaints, this motion would not be before the House. The cases of abuse we are discussing started in the 1960s. Following a conversation I had today, I understand the first complaint about Mr. Shine’s behaviour was made in late 1969 or early 1970, albeit not to the Medical Council. Many people could have been spared a great deal of pain and the experiences they endured under this surgeon if these early complaints had been dealt with properly.
Of the 29 initial complaints made to the Medical Council, nine were considered and only three were pursued because the council was careful of the litigious nature of the issue. Mr. Shine had been found innocent in a court of law previously and had managed to block many complaints using various points of law. While we all want to uphold the law, the question is whether we are more interested in legal niceties than in justice and morality and looking after people who need to be looked after. The victims must be looked after and the full truth must come out.
The Fine Gael Party seeks to have protocols and clear guidelines introduced to govern how complaints should be dealt with by all relevant parties. We need to create a culture of openness in which people will be more concerned about examining complaints rather than suppressing or ignoring them. We must stop any tendency to circle the “collegiate” wagons by any group, whether professions, civil servants, Government agencies or others.
I note from the Government amendment that the Minister met representatives of Dignity 4 Patients and gave them a commitment to revert to them in July regarding their request for an inquiry. Why does it take so long to make such a decision? Why wait until the Dáil is in recess? Anglo Irish Bank and its difficulties were dealt with overnight. How many people had to be consulted on that occasion? Only last week, the Minister introduced, at short notice, amendments to the Mental Health Act to facilitate the use of private contractors in the transport of psychiatric patients. Clearly, it is possible to act independently and expeditiously and this should be done in this case.
The Medical Council found Mr. Shine guilty in three of the strongest cases and did not make any finding in the other six cases. While a review was carried out in 1996, it was done at the behest of the hospital and carried out from its perspective. Patients and victims believe the review failed to consider their perspective on the issue. The chaperone system which is supposed to be in place in hospitals is not universally applied. The subject of investigation and its consideration by the relevant statutory authorities must be examined given that the review group did not concern itself with the question of whether the allegations were justified, as it made clear to all those it met. It specifically precluded itself from investigating this aspect of the allegations. None of us can disagree with the demand of Patients 4 Dignity for truth, justice and disclosure.
[313]Following Mr. Shine’s departure, Our Lady of Lourdes Hospital, Drogheda, set aside money to address any claims that could arise. This indicates that the Medical Missionaries of Mary were aware of the problem but chose to allow Mr. Shine to return to work after attempting to have him retire. Mr. Shine, it seems, called their bluff. Why was he not suspended and investigated thoroughly by a competent independent body or person at the time?
The question remains as to why the Minister will not give a commitment to hold an inquiry, as per the Ryan commission. One cannot argue that legal cases are pending given that legal cases are also pending arising from the matters investigated by the Ryan commission. The report of an inquiry could be held over until such time as outstanding cases currently before the courts are heard.
With respect to the criminal cases, the support and advocacy group wants the files of the Medical Council referred to the Director of Public Prosecutions and prosecutions taken in cases in which prosecutions have not been initiated. It also seeks a review of the Garda investigation and criminal prosecution of the cases in which Mr. Shine was acquitted. The organisation wants reform and change of the procedures for handling sexual assault cases in court, including the fast tracking of cases, action to prevent long adjournments, the use of personnel trained in sexual assault cases and counsel with experience in prosecuting cases of these nature as well as the introduction of guidelines on jury selection. Many individuals were concerned about the manner in which the first court case was handled, including the fact that a large number of witnesses appeared for the defence and few witnesses appeared for the prosecution.
The scale of the abuse which took place at Our Lady of Lourdes Hospital, Drogheda, demands a proper investigation. More than 100 complaints have come to the fore. In light of the fact that they were reported to the Medical Missionaries of Mary and hospital staff, the reasons action was not taken, particularly on patient safety grounds, must be investigated. It is also a matter of concern that the reports of abuse at the hospital were not recorded on Mr. Shine’s personal file and were not referred to the Garda or Medical Council at the time.
It should not be necessary to have a division on the motion. All we ask of the Minister is that she commit to an inquiry and justice for the victims. These abuses allegedly continued for more than 30 years and involved in excess of 100 cases.
People believe they have been badly treated or ignored. Today I heard a story involving a man who had finally been able to walk down West Street in Drogheda with his head held high because these matters had been made public. He could not previously look others in the eye. The cloak of secrecy meant that people who had reported incidents were never informed that others had suffered in the same way. They felt alone and demeaned. Any redress board that ensues from these events must not adopt the adversarial approach taken by the Residential Institutions Redress Board which made people feel victimised for a second time.
The only difference between the motion and the Minister’s amendment is her failure to commit to an inquiry, but where there is a will, there is a way. She can commit to such an inquiry for the sake of those who have suffered. Let us not make them suffer any longer.
Deputy Jan O’Sullivan: I welcome the fact that Fine Gael and the Labour Party have been able to present a joint motion and thank my colleagues for using their Private Members’ time to facilitate this debate. I hope we will be able to reach agreement with the Minister rather than dividing the House on the issue. I welcome the progress she has made in meeting Dignity 4 Patients and indicating that she will consider holding an inquiry. However, I share Deputy Reilly’s concerns that she will not revert to this group before the House closes for the summer.
[314]I am sure the Minister will agree that the members of Dignity 4 Patients have a powerful story to tell. I pay special tribute to Bernadette Sullivan who was the whistle blower in this case and who has been striving for decades to publicise these matters. Some of the men who alleged abuse have had their cases decided in their favour by the Medical Council. Having met them, I can only say their stories are reminiscent of those of the victims of institutional abuse. Shortly after I was first elected to this House I met John Kelly, Michael O’Brien and Christine Buckley and learned about the hurt they felt at the lack of belief in their stories. A decade later the recent visit to Áras an Uachtaráin brought about a visible change in John Kelly, in particular, because the State had finally acknowledged the abuse. Perhaps that acknowledgement was not adequate, but at least the victims know that their hurt is recognised, even in the highest office in the land, whereas previously they had faced a stone wall. I saw in the faces of the men of Dignity 4 Patients a hurt similar to that felt by the victims of institutional abuse I met ten years ago. We must listen to them with an open mind. If we have learned anything from the Ryan report on institutional child abuse, it is that we must listen to the people concerned. They must be treated equally to those who were treated with such deference for so long. It took decades for the stories of the victims of institutional abuse to be told.
I commend investigative television programmes on these issues, including “Dear Daughter” and “Prime Time Investigates”. They bring home to the public the reality of reports. The case of Michael Shine concerns one man and an individual institution, but more than 100 people have come forward as victims. They are entitled to have the truth fully revealed about what happened. Anyone who saw the “Prime Time Investigates” programme or listened to the convincing testimony of Bernadette Sullivan, the nurse who blew the whistle and who has heroically persisted in bringing the story to justice, will know that the limited inquiry and flawed court proceedings that have taken place have been completely inadequate. It is necessary to lift the carpet and let the light into what has been kept hidden for decades. Why was this was allowed to happen for so long? Why was it so hard for those who had complained to get a hearing? Why did professional colleagues circle the wagons and protect the abuser? Why was the case tried locally and delayed for so long? Why were so few witnesses called for the prosecution? Why were such a large number of allegations of abuse by one person and in one place suppressed for so long? This is not a witch hunt. Michael Shine has already been found guilty by the Medical Council of a series of actions of a sexual nature against his patients. We must learn from what happened.
The culture of deference which prevailed in Our Lady of Lourdes Hospital in Drogheda was not confined to that hospital. However, as evidenced by the Michael Neary case and the heartbreaking stories of the women who were butchered by symhpysiotomy long after this practice had ceased in the developed world, that culture was a lot more embedded in the Drogheda hospital than elsewhere and it allowed those who had powerful positions free reign over the powerless. Consultant doctors were all powerful and vulnerable patients were powerless. In all these cases it has taken a long time for voices to be heard. The most striking thing I have heard from the victims of these cases of abuse is how isolated and powerless they have felt for so long. As Deputy Reilly noted, at last they can walk down the streets of Drogheda with their heads held high. For years they tried to lock themselves away from society and encountered difficulty relating to others because when they tried to bring their suffering to the attention of those who had the power to respond, they were ignored or ridiculed. We owe it to them to give them the inquiry they seek in order that we can find out exactly what happened.
[315]Many of the victims thought they were alone in their misfortune. However, sometimes they learned by accident that others had similar experiences. When the media spread the word locally and nationally, scores came forward. We must imagine what it was like to carry such a burden in isolation. Huge credit is due to Bernadette Sullivan and the men of Dignity 4 Patients for telling their stories to the media and sitting at the top table or speaking from the floor at the recent press conference in Buswell’s Hotel. They have helped others to share the pain which they have for so long borne alone and unacknowledged. Sometimes the raw truth of a personal testimony does more to bring home the devastating effects of abuse than all the reports in the world. Michael O’Brien’s powerful and emotional account of what had been done to him jolted the public into realising the traumatic and long-lasting effects. Meeting some of the men who have alleged abuse and hearing about the pain that clearly still haunts their lives has convinced me of the need for an inquiry. The members of Dignity 4 Patients have demonstrated that the response thus far has been completely inadequate. We are not asking for a long and expensive inquiry. The Commissions of Investigation Act 2004 would be a suitable vehicle, but any other credible form of inquiry would also be acceptable. It is crucial, however, that its terms of reference be broad-ranging. One of the criticisms of the previous inquiry was that its terms of reference were narrow and did not take account of what victims wanted.
Support and counselling which are vital must address victims’ needs and be acceptable to them. When one talks to victims of abuse, they will say support and counselling are often provided by people who represent the institution in which they were abused. In this case which involves a hospital it was the HSE, while in the case of victims in institutions, the religious orders were involved in counselling. Victims want a form of counselling and support that they consider appropriate. That is important in this case also. Many of the victims have never been able to deal with the complex range of feelings and self-doubt with which they have had to live.
An independent person is required in every hospital and health institution in the State, as recommended in the Rebecca O’Malley report. In each hospital there should be a place to which a patient can go if he or she feels something has gone wrong, whether it concerns abuse or the way they are being treated. There should be a safe independent place to which they can go to bring their complaint and have it dealt with. It is important to implement this recommendation made in the Rebecca O’Malley report. There have been some changes for the better, but we still do not have an independent person in every hospital or local health care area providing such an opportunity for those concerned. If that recommendation were implemented, we would have a patient-centered approach, rather than having power in the hands of those who provide treatment.
The document from Dignity 4 Patients refers to the importance of the doctor-patient relationship. It states:
It is also important for doctors that this position of trust be safeguarded and that cases such as this receive the necessary full inquiry in order that we can be sure these positions of trust are completely sacrosanct and safe. We must put some system in place that will ensure that position [316]of trust is absolute, whether that means chaperoning or simply providing a safe place for patients to go to if they feel their doctor — or any other medical professional for that matter — is doing something inappropriate. That is for the doctors as much as, more importantly, for the patients.
We are conscious of the fact that civil cases are pending and that there may be criminal cases. Dignity 4 Patients is also conscious of this and knows a lot more about the detail of the matter than any Member of the House, perhaps with the exception of Deputy O’Dowd who is from the area. Despite this, the group has still asked us to bring the case to public attention. It is seeking the kind of inquiry outlined in the motion. It believes that a lot of what happened, both in the courts process and how the hospital and HSE dealt with the issue, needs to be explored and exposed.
I recognise that the Minister for Health and Children has met representatives of Dignity 4 Patients and that she is considering holding an inquiry, which I very much welcome. However, this is an issue that should not divide the House. As such, I look forward to hearing the Minister’s response. I hope that we, as political representatives of the people, will be able to agree that such an inquiry should be held without delay. The people concerned should be happy with the inquiry, the terms of reference of which should be broad enough to encompass all of their concerns. I hope the Minister will be able to tell us that such an inquiry will be established.
Deputy Catherine Byrne: In this country we respect the medical profession and it is right to do so. It does a fantastic job. Being a parent, I know all too well how much I depend on my family doctor. I trust in him for my own life and the lives of my children. Above all, I trust his professional medical opinion. People should feel safe and protected in a local GP’s surgery or hospital, but this may not always be the case. In the recent past, when I had to accompany one of my children to have her tonsils removed, I was reluctant to sign the consent forms. The doctor guided me through exactly how he would perform the tonsillectomy and reassured me that my daughter was in safe hands.
When the allegations of sexual assault and professional misconduct by Mr. Michael Shine first came to light, people were shocked and horrified that such things could happen. Mr. Shine was a well respected consultant surgeon. He was responsible for treating seriously ill patients in Our Lady of Lourdes Hospital, Drogheda. When a number of patients lodged complaints of misconduct against him, they were largely ignored by the hospital. It took the courage of a member of the staff to blow the whistle and draw attention to what had allegedly taken place in Mr. Shine’s consultation rooms in the hospital. In 2003 he was acquitted of 11 charges of indecent assault on six teenage boys, but the Irish Medical Council struck him off the register of medical practitioners for inappropriate conduct. He has not yet been properly investigated or prosecuted for the crimes of which he stands accused. This is another appalling case of abuse which was all too quickly swept under the carpet. I cannot understand why people in this country stick their heads in the sand and ignore cries for help. We all need to speak out. Nobody is beyond the law, regardless of his or her professional qualifications or good name. Anyone who commits a crime must be brought to justice. Mr. Shine stands accused of horrifying crimes and betraying his position as a care giver in the community. Once again, it took a long time for this to come to light and many have suffered in silence. Over 140 people have now contacted Dignity 4 Patients. The group was set up to give a voice to victims who said they [317]had been abused over 30 years when Mr. Shine worked in Our Lady of Lourdes Hospital, Drogheda.
Last week we saw Deputies on both sides of the House speaking about the Ryan report. They condemned the horrific abuse inflicted on children by pillars of society in religious orders. In the case of Mr. Shine, we can see how someone who had been entrusted with the care of others abused his position by inflicting suffering on young adults and their families who had only sought his medical care. As he has been deemed unfit to practice medicine by the Medical Council, why has no official investigation taken place? The victims cannot move on until justice has been done and we must support them as much as we can. That is why I am supporting the motion tabled by Deputies Reilly and O’Sullivan. We all need somebody we can trust, people to whom we can turn and rely on such as our family, a friend or our GP. Trust is precious and now in our society more important than ever before. It provides people with courage and strength. When trust is broken, people are left shattered. For many people who have been abused, their lives are changed forever. Many may never recover, but we must do all we can to assure them we are on their side and that we are there for them.
Deputy Alan Shatter: I find it extraordinary, Sir, that the same battles have to be fought with regularity in this House and issues on which we should be able to agree across the Chamber become issues of conflict and debate, and which are avoided by double speak and ministerial tactics. If we learned nothing else from the Ryan commission report, the very least we should have learned was that those who were sexually abused as young people have suffered lasting effects on their lives, on their psyche, on their capacity to function, on their capacity to trust people, to conduct normal relationships and to maintain normal intimate relationships throughout adulthood.
One thing that is absolutely clear from the myriad of allegations and from the conclusion of the Medical Council is that Mr. Shine indecently assaulted a number of people. The allegations of three were accepted by the Medical Council. We now know that somewhere between 140 and 150 former patients have stated that they have been the victims of Mr. Shine. It appears that whenever allegations are made against people in authority or for whom society is supposed to have respect, be they medical professionals, members of the clergy, teachers or sports coaches, the wagons are circled, denial is accepted and there is no transparency or accountability. What is absolutely crucial, in the context of a functioning medical service in a democracy, is that where allegations have been made and have been substantiated by the Medical Council, that there is transparency and accountability, and an inquiry. The lesson we have learned is that victims, whose stories have been denied for many years, need to come to terms with what has happened to them in their lives, to have their stories heard, to have an opportunity to be believed and to be validated by an independent inquiry.
What I find extraordinary about this debate is that the Minister is opposing the motion. There is subterfuge and political game playing in the Minister’s amendment. Her colleagues are supposed to support her for having met Dignity 4 Patients last week and for giving consideration to their call for an inquiry. Could the Minister not agree tonight that, in principle, there should be an inquiry? The form of that inquiry may well be a matter for discussion between political parties in this House. It does not need to be a decision uniquely made by the Government, but as Deputy Jan O’Sullivan correctly pointed out, if there is to be an inquiry, it should have a broad range. Its terms of reference should be agreed in consultation with other parties in this House, as has happened with many other inquiries that have taken place in the past. This is not an issue on which we should divide on a party political basis. We should recognise [318]that where there are allegations of this nature about our health service, then they must be properly inquired into in circumstances where there has been no adequate inquiry in the past.
Our Lady of Lourdes Hospital has a very difficult history. Allegations were made against Mr. Shine, three of which have been upheld by the Medical Council but many of which have not seen the light of day, have not been the subject of inquiry, nor have they been the subject of criminal prosecution. The behaviour of Mr. Michael Neary went on for many years and blighted the lives of many women. In the case of two so-called esteemed doctors in that hospital, there was a major cover up and denial. To the utter disgrace of the medical profession and to staff in that hospital, the whistleblower, Ms Bernadette Sullivan, suffered as a consequence when she tried to alert the hospital management and others to what was occurring. Fifteen medical staff at the hospital, including consultants and senior nurses, testified in favour of Mr. Shine, which is to their eternal shame. They have questions to answer as to why they so conducted themselves. This was a seriously dysfunctional hospital that failed to acknowledge the need for transparency and accountability. Even in the context of the management of that hospital changing from the medical missionaries to the HSE, the tradition of a lack of accountability and transparency there continues to the present day. When there have been serious medical errors in that hospital, there has been a tendency to cover up and not publish reports of incidences that have taken place. It is an ethos that we must drive out of our hospital and medical services.
The general public want to trust their doctors. They have a great faith in the vast number of members of the medical profession who have done great good across our society. The Minister often criticises members of the medical profession, but the reality is that the overwhelming majority of them are dedicated to their patients and to good medical care. Where that trust is broken, the State has an obligation to ensure there is accountability and that issues are addressed that need to be addressed. I again ask the Minister not to divide the House on this issue. She should agree in principle to holding an inquiry.
More than 140 patients now report themselves to be the victims of abuse. The initial prosecution in respect of a small number of patients failed. One of the difficulties in dealing with sexual crimes is that we have no dedicated unit within the Garda Síochána sufficiently large to provide special expertise in this area. Whether it is a question of further investigations into the allegations against Mr. Shine, further investigations arising out of the Ryan commission report, or further investigations arising out of allegations not yet addressed that concern the treatment of those in residential institutions run by the State, such as St. Laurence’s in Finglas, or Trinity House, Trudder House or Madonna House, the Garda should have a specially dedicated sexual victims unit that has the expertise to investigate allegations of sexual abuse in an informed and consistent basis. One of the great difficulties for victims of sexual abuse in this area is that they often have to go to their local Garda station and may be dealing with gardaí who mean well, but who do not have the specialist training necessary to conduct the right investigations.
Where there are whistleblowers who have sounded the warning about the abuse of children or young adults, they must be taken seriously. Their jobs should be protected and where people have lost their jobs in the past because they have blown the whistle, such people should be treated justly and their circumstances should be also the subject of an inquiry. In that context, as well as referring to the experiences of Bernadette Sullivan who heroically blew the whistle in this instance, I also refer to Loretta Byrne who heroically blew the whistle in the 1980s on abuse occurring in the institutions I mentioned, namely, St. Laurence’s, Trinity House and Trudder House. She was an official working in the Department of Education who, from her [319]perspective, was driven out of that Department for whistle-blowing, sounding warnings and seeking protections for children which the then Minister, subsequent Ministers and the Department would not take seriously. Her circumstances must be investigated. What occurred in these institutions requires proper investigation, with the institutions run by religious orders.
Minister for Health and Children (Deputy Mary Harney): I move amendment No. 1:
I wish to share my time with the Minister of State, Deputy Áine Brady, and Deputies Charlie O’Connor, Johnny Brady and Thomas Byrne.
As the Deputies opposite said, we can all agree that the issue at the heart of the motion is one we deeply deplore. The assault on patients which was at the heart of the Medical Council’s decision to strike Mr. Shine off the medical register was truly a betrayal of trust of his patients. It interfered in a very fundamental way with the privileged relationship between doctor and patient. When the issue came to light in 1995, the then Minister for Health, Deputy Michael Noonan, addressed the House on it on many occasions. I say this simply to put the record straight, not as a criticism of Deputy Noonan. He was asked by the very same person mentioned in the House this evening, Bernadette Sullivan, to hold an inquiry. He made a decision and said he would await the outcome of the hospital inquiry which, clearly, was not satisfactory. Subsequently, Dr. Miriam Hederman O’Brien was asked to carry out an inquiry with the co-operation of the Department of Health, the then Minister and the health board. She reported in June 1996 and on foot of her report, the then Minister, the Department and the health board did not believe a further inquiry was warranted, other than implementation of the recommendations made in the report. All along, I accepted the decision made on that occasion. It was a judgment decision.
I have initiated eight inquiries since becoming Minister for Health and Children. It has been an unprecedented era of inquiries because, thankfully, we live in a different environment. We have had an inquiry into the events at Leas Cross——
Deputy Fergus O’Dowd: When will the report be published?
Deputy Mary Harney: It will be published as soon as possible. I have received the report on which I am receiving legal advice. I must bring it to the Government and then publish it.
There have been inquiries into events at hospitals in Ennis, Galway and Portlaoise, the Rebecca O’Malley case, events at Barrington’s hospital and radiology services in the north east. We have also had the Maureen Harding Clark report and the redress scheme in that regard. That inquiry was initiated by my predecessor, Deputy Micheál Martin, now Minister for Foreign Affairs. This has been an unprecedented era of inquiries. When I met members of the group last week, my heart went out to them. I was very touched by what they had said in a very genuine way. However, it was a rushed meeting because I had to come into the House for a debate on a different matter, for which I apologised to the group. It presented me with a [321]submission. I told its members I wanted to genuinely consider it and suggested a period of three weeks because they asked how long I thought it would take. I said there were many issues to be considered. We have an independent courts system, although we may not like the outcome of court decisions. We have an independent Director of Public Prosecutions, all of which has been mentioned in the debate. That is outside my remit, but the Minister for Justice, Equality and Law Reform will address these issues tomorrow evening. I told the group that I would have to talk to my colleague, the Minister for Justice, Equality and Law Reform, and the Attorney General and consult my Cabinet colleagues. I said this genuinely and it is repeated in the amendment to the motion. I am not in a position, nor would I be, to initiate an inquiry, unless I believe issues would arise from which we could learn with a view to implementing changes. If I was to do this, I would have to have the authority of the Government. Inquiries are not inexpensive and I am not choosing the difficult economic environment to stand in the way of an inquiry. However, the Leas Cross inquiry cost €2.1 million and that was held with one sole member who did an outstanding job. Therefore, inquiries are not inexpensive and they are harrowing for those who participate. However, if they are warranted, we will have them, provided we can learn from them.
During the period 1995-96 this was a dysfunctional hospital, about which there is no question. We know what happened; Maureen Harding Clark told us in her report. She spoke about the pervasive culture in regard to consultants. She stated there was an incredibly pervasive culture of acceptance of and compliance with consultant activity. That was the culture in that era. Mr. Shine was a member of the health board which had functional responsibility in the area and he remained on it after he had been suspended from the hospital, although I am not certain for how long. We have learned much about what went on in the hospital and are now in a different era. It is now a State hospital; it was not at the time. It was subsequently taken over by the health board. At the time a sum of money was set aside because, clearly, the authorities were aware of the allegations which went back 34 years. I believe the first complaint related to events in 1970 or so. Mr. Lennon, currently a doctor in the hospital, had serious things to say about its management, how these matters had been dealt with and so on.
In many respects we are now in a different era. The provisions relating to whistle-blowing have been law since 1 March this year. Not only do they give much protection to patients, they also protect staff, in particular. I have no doubt that the staff who knew what was going on and who could not have been happy about it were afraid to make complaints. That era of fear is gone. Staff are now fully protected under law in the Health Act 2007. The provisions were enacted on 1 March this year and have been greatly welcomed by representative organisations of staff working in the health care system. They provide a great guarantee for the future that complaints can be made and that staff will be protected, no matter who they are. We should remember what was happening in the maternity unit. It took a midwife who had come from another jurisdiction in which she had worked in a different environment to blow the whistle, even though there were many others who had to had known what was happening was wrong. A simple audit would have shown that the rate of peripartum hysterectomies was approximately 200 times higher than that in the National Maternity Hospital at the time.
We have a new Medical Council. In the past few days I read the debates which took place in the House at the time and the then Labour Party Deputy, Brian Fitzgerald, spoke about the need to change the way medical practitioners were regulated. A new modern Bill was enacted in 2007 which provided for a lay majority. The fitness to practise committee also has a lay majority and must hold its hearings in public, unless there is a very good reason not to do so. Mr. Shine was obviously tried — if that is the appropriate word to use — or examined under [322]the 1978 Act, which is why the hearings were held in private. This will greatly assist in boosting patient confidence in medical regulation and be very helpful to health care professionals, doctors, in particular, who are inevitably damaged when one of their colleagues is struck off the register for issues of this kind.
My colleague, the Minister of State, Deputy Áine Brady, will deal with all of the new child care provisions in place. We live in an environment which is incredibly different from that in 1995-96 when these issues first came to light. The deference to which the Ryan report made reference in regard to religious orders manifested itself in this hospital also. It was a hospital run by a religious order and in which, as Judge Maureen Harding Clark stated, huge deference was shown to consultants who could not be wrong and to whom nobody seemed to be prepared to stand up. I may criticise issues about the way things happened, but I do not criticise doctors, nor have I ever done so. How two doctors, Mr. Neary and Mr. Shine, could have betrayed their patients for so long and in such a serious fashion without anyone crying stop is incredible. I certainly hope that era is over.
I will revert to the group in the first instance after I have had an opportunity to engage with the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, and the Attorney General. I have already spoken to the Garda Commissioner on these issues and I understand the Garda is investigating new complaints that have arisen. I will meet the group as I promised, and it will not be a case of just writing them a letter. I will meet with them when we have had an opportunity to discuss all the issues at stake in this case.
Minister of State at the Department of the Health and Children (Deputy Áine Brady): The culture of the health service under which Mr. Shine worked has changed greatly to enhance transparency and to strive to ensure dignity and respect is an integral part of the ethos of health care agencies.
An independent review group, chaired by Dr. Miriam Hederman O’Brien, was established in 1995 with the co-operation and support of the Department of Health and Children. As part of its terms of reference, this review group was instructed to furnish a copy of its report to the then Minister. The review group recommended common written protocols for dealing with allegations of sexual abuse by members of staff be introduced and applied in all health care institutions.
The trust in care guidelines on preventing patient-client abuse and managing allegations against staff members were produced by the Health Service Employers Agency in 2005, at the request of the Department of Health and Children. These guidelines are for health services employers to protect the dignity and welfare of patients and clients and to provide a caring environment in which abuse does not occur and patients-clients are treated with dignity and respect at all times. The guidelines also set out the reporting procedures to be followed in the event of abuse being suspected or alleged. They contain a robust procedure for managing allegations of abuse against staff.
In line with the review group’s recommendations, a chaperone system and an intimate examination protocol and procedure was put in place in the hospital concerned. The review group emphasised the importance of having in place a complaints system to deal with allegations of sexual abuse. A regional complaints policy and procedure is in place for the former North Eastern Health Board. Statutory delegated complaints officers are also in place in the hospital in question. In addition, a staff support service is available to all staff in the hospital on a confidential basis.
[323]The Hederman O’Brien review has helped inform the development and updating of policy in this area. This learning has been given practical effect through, for example, the publication of the Children First guidelines, the establishment of the Office of the Ombudsman for Children, the Office of the Minister for Children and Youth Affairs and the implementation of the Children Act 2001.
Significant changes have taken place in child welfare and protection in recent years. The Government’s policy emphasises the importance of the family and of the family setting for the overall well-being of children. Children First, the national Guidelines for the protection and welfare of children published in 1999, are the national over-arching guidelines that apply to all individuals and agencies that are dealing with children. They are intended to support and guide health professionals, teachers, and members of the Garda Síochána and the many people in sporting, cultural, community and voluntary organisations who come into regular contact with children. The key message of the guidelines is that responsibility for protecting children must be shared by all adults. Anyone who works with, has responsibility for, or comes into contact with, children should be aware of the signs of abuse, be alert to the possibility of abuse, and be familiar with the basic procedures to report their concerns.
The Government has taken a range of measures through legislation to deal with child abuse, including the Child Care Act 1991, the Protections for Persons Reporting Child Abuse Act 1998 and the Sex Offenders Act 2001. In its conclusions and recommendations, the Ferns inquiry stated that consideration should be given to the introduction of a new criminal offence which would apply to situations where any person “wantonly or recklessly engages in conduct that creates a substantial risk of bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act”.
Section 176 of the Criminal Justice Act 2006 created such an offence of reckless endangerment of children. It is an offence for a person, having authority or control over a child or abuser, to cause or permit any child to be in a situation creating a substantial risk to the child of being a victim of serious harm or sexual abuse or to fail to take reasonable steps too protect a child from such a risk. The offence is punishable by a fine or up to ten years imprisonment or both.
It is important to ensure appropriate counselling is available to all those who have been in contact with the HSE and the hospital in question following the 2008 Medical Council inquiry. The Minister for Health and Children and the HSE are anxious that all former patients of the consultant in question are made aware of the free counselling support available. The HSE has made arrangements for counselling support, using the National Counselling Service, which provides, individual, couple, family, group and psychosexual counselling. Persons affected by these issues, but who may not wish to avail of counselling, can also speak with a psychologist or counsellor in confidence. More than 100 people have made contact with this service and it will continue to be made available as required. The need for additional support will be continuously monitored by the HSE.
The HSE has assigned co-ordinating responsibility for these matters to the area manager for consumer affairs in the north east who will continue to liaise as required with former patients and support groups.
Deputy Charlie O’Connor: I thank the Minister for Health and Children for the opportunity to make a contribution to this important debate. I compliment my Oireachtas health committee colleagues, Deputies Reilly and Jan O’Sullivan, on their initiative in tabling this motion. Without being flippant, it is good to see the Opposition co-operating on this matter as I am a strong [324]advocate of all-party approaches to certain issues. I welcome the assurances given by the Minister tonight. Like others, I hope some agreement can be reached on this motion.
Deputy Jan O’Sullivan’s contribution struck a chord with me, as well as the Minister’s——
Deputy Mary Harney: What about Deputy Reilly’s contribution?
Deputy Fergus O’Dowd: I think Deputy O’Connor got that the other way around.
Deputy Charlie O’Connor: Deputy Reilly will not mind.
At today’s meeting of the Joint Committee on Health and Children with the Ombudsman for Children, Ms Emily Logan, some of the issues in question were addressed. At the meeting I made the point that when I was a young child I knew that if one played truant or did not behave properly, one would end up in an institution where it was well known by society that something terrible would happen to oneself. I was concerned that in 30 years’ time we will be looking back at this current generation of children, asking the same questions we are now. However, the reassurances from both Ministers and the Ombudsman for Children have allayed my concerns in this regard.
This motion concerns a question of trust. All of us go to a doctor or to hospital at some point. It is important people feel confident and safe when they do. The events concerning the hospital in question are appalling. I am glad the Minister has had an opportunity to meet the victims’ group and give them reassurances.
I recall in 2004 when I worked with a Tallaght resident and victim of institutional abuse, Mr. Tom Sweeney, who was on a hunger strike outside the gates of Leinster House. That is an experience I will take with me throughout my political life, even beyond it. It was an occasion to hear about the suffering people in residential institutions went through and the difficulties they later experienced. I am glad Mr. Sweeney was able to visit the Dáil last week and I hope his recovery continues.
Deputy Johnny Brady: When I met a number of Mr. Shine’s victims, who were naturally very upset and annoyed, I was devastated by what I was told. I am glad the Minister, Deputy Harney, has also met some of the victims. She has given them a commitment to consult the Attorney General, the Minister for Justice, Equality and Law Reform and the rest of her Cabinet colleagues and to report back to them within three weeks. I assure Deputy Shatter, who suggested earlier that Deputies are divided on this case, that we are not divided. In the past, Deputies who represent constituencies in the north east worked closely together on the Dr. Neary case. I am sure we will work in the same manner in this instance. It is horrifying that Mr. Shine was able to abuse up to 132 patients over 32 years. The scale and length of his reign of terror is terrifying. He ruined lives and robbed children of their innocence and childhood. Some victims — young boys and girls — were repeatedly abused both as inpatients and outpatients. His continuous abuse was the greatest betrayal of the trust his patients placed in him. People of my generation were raised to trust their doctors. This catalogue of horrors dates back to the early 1970s, when the Medical Missionaries of Mary ran the hospital in Drogheda. This sad affair is another indication of the endemic culture of protection and denial that has persisted for too long across all sections of society.
In 2003, following a court case, Mr. Shine was acquitted of 11 counts of indecent assault on six teenage boys. He was struck off by the Irish Medical Council last year. As Mr. Shine has [325]not been convicted in the courts, he is not on the register of sex offenders. More than 15 years have passed since an official complaint was first made to the Garda in this case. Mr. Shine obviously had considerable support within the hospital long before any complaints were made to it. The culture of collusion and conspiracy that has prevailed in such institutions is detrimental to all of us, and our family members, who are potential patients. When we entrust our care to doctors, nurses and members of religious orders, we must ensure we are treated with respect and dignity. The professional duty of care of nurses and doctors should be to patients, rather than to their colleagues. Our hospitals do great work, in the main. People are at their most vulnerable when they are admitted to hospital. We must educate those who are young and those who are not so young about what to expect when they go to hospital. They need to know what is acceptable and what is not. They should know what they can report, and to whom, when they believe inappropriate situations have arisen. The availability of 24-hour patient liaison personnel is necessary. Information on patient liaison personnel, such as their contact numbers, should be given to patients as soon as they are admitted to hospital. I compliment Dignity 4 Patients on the marvellous work it has done to date and for the way it has gone about it. I appeal to the Minister and her Cabinet colleagues to take the right action when they make their decision on this matter. I have great confidence in them.
Deputy Thomas Byrne: I acknowledge and welcome the non-political nature of the motion that has been proposed by the Opposition. If there is any way of agreeing a motion before tomorrow night, I encourage the Minister for Health and Children and her Cabinet colleagues to find it. That would be welcome. If we do not find agreement, there may well be good reasons for that. It is important to recognise that the House is not politically divided on this issue. Having met representatives of the patients last week, the Minister, Deputy Harney, has acknowledged that there is work to be done. When I spoke privately to the Minister in this Chamber some time ago, I asked her to meet the group. I am glad she agreed to make time within her busy schedule to do so. I was impressed with the interest the Minister showed in the matter after the meeting. Along with the patients, I look forward to the fruits of the Minister’s follow-up work.
There is no point in repeating much of what has been said already in this debate. I said on local radio a long time ago that many people in Drogheda and elsewhere in the north east continue to support Mr. Shine. The same situation prevailed in the cases of Mr. Neary and two or three other doctors in the hospital who were let go or struck off, but continued to command significant public support. I understand that Mr. Shine still enjoys significant public support in the north east. It is important for those who support him to acknowledge the stories that have been told by the victims and the decision that has been made by the Irish Medical Council. I am not asking people to condemn him or to throw stones, but it is important to get over the hurdles to which I have referred. If extracts from this debate are broadcast on local radio tomorrow, I am sure I will receive some criticism for speaking, just as I did on previous occasions. I have listened to some of the victims, and their representatives, in this case. I thought I knew everything about this case until I watched the recent episode of “Prime Time Investigates” that dealt with it. I have to admit I was shocked by the programme’s revelations. It is clear that this matter is even more serious and widespread than we were led to believe. It is a broad and deep matter of serious concern.
Individual cases of sexual or physical abuse come to light from time to time. I refer to the abuses that took place in certain residential institutions, the diocese of Cloyne and the archdiocese of Dublin, as well as in the case of Mr. Shine. Many other cases of sexual abuse took place [326]in the past but have not been highlighted, unfortunately. It is likely that the victims of certain individuals are not being given the attention they need. The sexual abuse perpetrated by certain people may never come to light. As a country, Ireland is just starting to deal with this aspect of its recent history. While I have not examined the statistics closely, it seems that in the last century, Ireland was more prone than other countries to this terrible disease, which is the most benign term to use to describe it. Perhaps we should investigate the statistics that exist in this respect to find out if that is true.
There is no point in repeating what has been said, other than to welcome the Minister’s promise to get back to the group shortly and to arrange serious discussions at a top level. I am glad she has spoken to the Garda Commissioner. I am conscious that the Garda investigation into this matter is ongoing. Although Deputies have a different role in this investigation, we will give the force all the support we can. If the evidence supports it, the Director of Public Prosecutions might decide in due course that a court case is required despite what has previously happened in this case.
I hope a motion can be agreed by all sides of the House, although that might not be possible for very good reasons. I am sure we will not divide politically. I wish the Minister well in her deliberations in the next few weeks. I look forward to seeing what happens when she gets back to the victims and their representatives. I acknowledge the difficult work of Dignity 4 Patients in highlighting this important issue. It is difficult for abuse victims to come together and to reveal themselves to public representatives. I admire the victims in this case for doing that. It is obvious that many of them are continuing to suffer severely. There must be a Government response to that.
Deputy Frank Feighan: I would like to share time with Deputies McManus and Ó Caoláin.
An Leas-Cheann Comhairle: Is that agreed? Agreed.
Deputy Frank Feighan: We have gathered in this Chamber once more to speak about horrific events. As politicians, it would be much more appropriate for us to come here to welcome some pleasant events. It is disturbing that we are discussing this issue again, so soon after the debate on the Ryan report. I hope the Minister will accept this motion tomorrow night. I accept that she is examining every possible means of finding a way to agree with it. It is said that everyone is innocent until proven guilty. More than 140 people have contacted Dignity 4 Patients to say they were abused by Mr. Shine over the 30 years he spent working in Our Lady of Lourdes Hospital. Despite the claims that have been made against Mr. Shine, who is now in his late 70s, he receives a pension of more than €100,000 a year. Since he retired in 1996, he has received approximately €1 million of taxpayers’ money. Mr. Shine has not been convicted in the courts. Deputy Johnny Brady is right to point out that he does not appear on the register of sex offenders. Clearly, many staff members and colleagues were turning a blind eye to what was going on in Our Lady of Lourdes Hospital. It is beyond belief that people and staff did not know.
No patient is ever safe if staff members rally around a perpetrator. People failed in their duty to protect the innocent patients, and also the victims were prevented from getting the justice they deserved. The dogs in the street in Drogheda knew what was going on and once again, people failed to act. Tribute must be paid to the Dignity4Patients group, but for whose efforts the activity of Mr. Shine would not have come to light. Mr. Shine was a cold hearted, calculating serial abuser and there should be no place for people like him.
[327]In the Dáil tonight we shall all give out and say that regulations must be put in place. However, no matter what regulations are in place, they are of little avail against people who try to evade justice and are irresponsible. We see this in the case of drink driving even when we made all the regulations. Most people in Ireland who give up drink driving do so not because they might kill themselves or others but because they might lose their licence or increase their insurance. In Ireland we have to start accepting responsibility. It must be accepted from the church. We saw what happened with the Ryan report and all the church scandals. Nobody accepted responsibility.
This comes from a society dominated by a male hierarchy, where people are less than honest and there is a lack of flexibility. Such people believe they are untouchable. One sees it with some doctors who have gone through the system and become consultants. Once in that position, they believe they cannot be touched by their colleagues. One sees it in the legal profession where there is self-regulation and all the various scandals. One sees it among members of the Irish Medical Organisation and the Garda Síochána, as evidenced by the different situations that arose in County Donegal, which once again were wrong. Then there is the political system and the tribunals. How can the public have trust in the political system, the medical and legal systems and the professions when nobody accepts responsibility or apologises?
A former Taoiseach and Minister for Finance did not have a bank account and had to appear before tribunals which have cost the State millions of euro and involved many years of investigation. We need to arrive at a point where, for once, people will be prepared to say, “I’m sorry, we made a mistake”. People go to confession in church and tell their sins. Why cannot people confess publicly, once and for all? It is hypocritical that we are debating this issue tonight when we ourselves, as politicians, never put up the hand to say, “We made a mistake” for fear of the consequences. However, is it not much better to accept the consequences when we stand up and are honest with ourselves? I believe that is true for all the interested parties to which I have referred.
Sometimes it is a matter of education and understanding. We need a holistic approach to these situations. It is hard to accept that nobody saw or knew about such incidents. There are so many reports, everybody knows what is going wrong but it is all to no avail. While everyone is innocent until proved guilty, perhaps there is a case to be made for plea bargaining or something like that. People not involved in politics easily form the impression that everybody else is getting away with it and it takes 20 years to get caught, and that at the end of the process they will still have pensions. Following the Ryan report, I said we are hypocritical in this country and we are liars and as such, deserve everything we get. We can put every system in place, have reports and inquiries, but if people are not honest with themselves and do not accept responsibility then we are going nowhere.
I accept it is a very difficult situation for the Minister to be in, and I know she will do her best to try to facilitate this motion. I should like to pay tribute to all those who were whistleblowers. For once the wagons were not circled and we are learning many lessons. However, it is 30 years too late. I think of the 60% or 70% of young men and women from those institutions who found themselves in the UK where they were treated fairly. We aspired to a united Ireland, as I said last week, but our people were divided by these institutions and a type of class system that has always existed. At least in the UK people were treated with respect, dignity and equality. We cannot blame this on the EU or Britain. We only have ourselves to blame. I believe that were it not for the fact we joined the EEC in the 1970s, this would probably be one of the most corrupt hypocritical countries in the world. We have come a long way, but it should not have taken 30 years for these horrific incidents to have reached the public domain.
[328]I see that man walking around lovely leafy avenues in Dublin, on a pension. He has caused great hurt and brought shame on an honourable profession. We, the politicians and professionals, must ask ourselves many questions. The sooner we are prepared to say, “I accept responsibility, and I’m sorry”, the better. “Sorry” is sometimes the hardest word to say among politicians and professionals. The sooner we learn to say it the better, as I believe it will make an enormous difference.
Deputy Caoimhghín Ó Caoláin: On behalf of Sinn Féin I fully support this motion in its call for the Government to provide appropriate support for the victims of sexual abuse, to establish a commission of investigation or other form of credible inquiry to investigate all matters relating to the conduct of Mr. Michael Shine at Our Lady of Lourdes Hospital, Drogheda and ensure proper procedures are put in place to help prevent abuse in the future.
We recently debated the report of the Commission on Child Abuse, the Ryan report, and it was rightly stated that the terrible crimes against children were compounded by the conspiracy to deny, conceal and intimidate those who dared to speak up. It was a conspiracy of the powerful against the powerless. In Our Lady of Lourdes Hospital, Drogheda, which was run by the Medical Missionaries of Mary, this culture of cover-up was replicated. We saw it most starkly in the case of the women who were mutilated by Mr. Michael Neary. The victims of that scandal, some of them teenagers at the time of their operation, were put through dreadful experiences. Without their knowledge or consent they had their wombs removed unnecessarily and were prevented from having more children. This ranks among the most horrific examples of medical malpractice. It was disgraceful that the secret inquiry by the Medical Council into the conduct of Mr. Neary took so long to commence and then to complete before these women were finally vindicated.
It was not just those who lost their wombs, but women, too, who had their ovaries removed, as well as other acts of butchery carried out by Mr. Neary. All this took place with neither the approval nor the understanding of the unfortunate victims.
We had the inquiry by Ms Justice Maureen Harding-Clark which, while again vindicating the women, fell short of the public inquiry which was the original demand. Tribunals of inquiry have been held concerning much less grave matters. On my proposal, the then North-Eastern Health Board requested the Minister for Health and Children of the day to establish a full, public inquiry into the delivery of maternity services at Our Lady of Lourdes Hospital in Drogheda and this was not acceded to. We had the compensation scheme for Mr. Neary’s victims, but it must also be put in record that there are outstanding issues.
Along with others in this House, some of whom are present, I have been pressing for a long time for the inclusion of the case presented by a number of the women excluded by the terms of reference of the compensation scheme. We have come up against a stone wall, and I appeal to the Minister to revisit this matter and do right by this small number of women who, like Mr. Neary’s other victims, were so grievously wronged.
We find ourselves again seeking justice for victims of another consultant at Our Lady of Lourdes Hospital in Drogheda, another top professional who brought his profession into disrepute, who betrayed trust and abused his patients but who was to a great extent, protected by the system. The victims of Mr. Michael Shine are still coming forward. There are scores of victims, many of them in counties Cavan and Monaghan, which I represent. Last week I met one of them, Mr. Patrick Cusack of Carrickmacross. He was “Brendan” in the “Prime Time”[329]documentary but since then he has taken the very courageous step of revealing his identity the better to seek truth and justice and to assist his fellow victims.
Mr. Cusack was a very impressive advocate on his own behalf, and accompanied by another man, on that occasion. I understand they met the Minister subsequently. They were impressive advocates on behalf of the many people who were victims as young boys and young men of Mr. Shine. Mr. Cusack was abused first by Mr. Shine when he was 11 years old and an in-patient in Drogheda. He returned to the hospital aged 19 when he was very seriously ill with meningitis. He was in a semi-conscious condition when he was again abused by Mr. Shine. Mr. Cusack states:
The real pain involved is psychological. The pain of the victims has been compounded by the slowness of the system in responding. As I indicated, it was only last week that the Minister for Health and Children, Deputy Harney, met the representatives of Dignity 4 Patients, which represents the victims of this former consultant.
An inquiry is clearly necessary because of the complete failure of the system to respond appropriately to the very serious complaints raised by those who suffered abuse at the hands of Mr. Shine. Major questions need to be answered by the hospital management, the former health board and its successor the HSE, the Department of Health and Children, the Garda Síochána and the Director of Public Prosecutions. All have questions to answer regarding this litany of abuse of young boys and men.
Given the number of victims coming forward, a major question mark must hang over the thoroughness of the original Garda investigation into the conduct of Mr. Shine. That investigation culminated in his 2003 acquittal on charges of indecent assault on six teenage boys. The role of the management of Our Lady of Lourdes Hospital in Drogheda must also be probed. Their role in the Neary case was reprehensible. Are we expected to believe they were not aware of the activities of Mr. Shine and did not conspire to cover up so many abuses carried out over so many years? Were there not others among the broad service deliverers of the day aware of Mr. Shine’s activities? It stretches credulity to proffer or accept the view that nobody knew what was taking place.
A public inquiry is necessary to answer these and other key questions. The call by Dignity 4 Patients for a public inquiry has been supported by One in Four, the Rape Crisis Centre, the Children’s Rights Alliance and Barnardos. When the Minister of State, Deputy Moloney, replied to the issue on the Adjournment on 16 June on behalf of the Minister for Health and Children, Deputy Harney, he stated that the Minister had indicated that she does not propose to establish a further inquiry. This was before the Minister finally met Dignity 4 Patients last week. The amendment in the name of the Minister states that she discussed with Dignity 4 Patients the group’s call for an inquiry and will revert to the group in July after she has discussed the issues involved with the Minister for Justice, Equality and Law Reform and conferred with other Ministers. What does this mean? Is the Minister going to establish an inquiry or not? There must surely be enough information in the hands of the Minister already to allow her to make her determination.
The Minister should withdraw the amendment and allow the substantive motion to pass in the names of Fine Gael and Labour Party Deputies and proceed with setting up an inquiry. To do otherwise leads to the suspicion that the amendment is merely a device to buy time until [330]the Dáil rises for its summer recess and the political pressure is taken off the Minister and her colleagues. Pressure will be maintained on the Minister, Deputy Harney, and on the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, in whose constituency this abuse took place and many of whose constituents, like mine in Cavan and Monaghan, and no doubt in County Meath and north Dublin, were and I emphasise are, affected. It has not gone away for those who have suffered at Mr. Shine’s hands.
I will cite the words of Mr. Cusack and urge the Minister and her Government colleagues to listen and act on them. He stated:
I appeal to the Minister for Health and Children to heed that appeal of Patrick Cusack and all who are campaigning on behalf of the victims of Michael Shine, and to confirm before the conclusion of this debate tomorrow night her intention to set in train a full public inquiry into the matter and affairs of Michael Shine.
Question again proposed: “That the Bill be now read a Second Time.”
An Leas-Cheann Comhairle: I call Deputy O’Donnell. I was informed that Deputy Dooley had concluded. Is there some time left in Deputy Dooley’s slot? I am informed there is not.
Deputy Kieran O’Donnell: I wish to share time with Deputy Mitchell.
Acting Chairman (Deputy Charlie O’Connor): Is that agreed? Agreed.
Deputy Kieran O’Donnell: I will start on a positive note. I welcome that this legislation is going through the Dáil before the summer recess. I raised the matter on the Order of Business with the Taoiseach more than a week ago and expressed the view that it should come before the Dáil before the summer recess to ensure that Shannon Airport was accommodated. The Minister will be aware that the building and other works are already in place in Shannon to allow it to proceed by the end of July. I note the Bill’s explanatory memorandum states:
I ask the Minister to indicate the status of those particular issues. When does he expect that the diplomatic notes will have been exchanged and the full preclearance facility can become operational at Shannon Airport? Deputy Breen mentioned that, on the face of it, there does [331]not appear to be preclearance for cargo. If that is the case, does the Minister envisage it coming into being at some stage, hopefully sooner rather than later?
On a positive note, the exclusive agreement between the US and Ireland on preclearance for Shannon Airport and at a later stage Dublin Airport gives a competitive advantage to Ireland over the rest of the EU. We often talk about exports and marketing Ireland. Preclearance provides an opportunity to market Shannon, the mid-west and western region. In that regard I am somewhat disappointed with what has happened to the tourism and economic development plan. I was a member of the Mid-West Regional Authority when it was prepared. It was commissioned by the Minister’s predecessor, the Minister, Deputy Martin Cullen. It was a €53 million fund with €44 million over five years for marketing and €9 million for route support. The plan envisaged preclearance facilities being in place by the end of 2007 and €9 million per year to market the airport. Lo and behold, we are now looking at the bones of €4.5 million. This should be considered in terms of Ireland Inc. Ireland is getting a competitive advantage for our two main international airports and we need to exploit it. This needs proper funding and I hope the Minister, Deputy Noel Dempsey, will have news for us tonight regarding that funding because this should be a win-win situation.
That is all good news and I welcome it. However, we need funding to ensure that we get maximum value from the preclearance services. The Minister will know my views on Aer Lingus’s recent announcement of its intention to reduce its transatlantic services. Aer Lingus will almost halve its transatlantic services from the autumn. The service to Boston will reduce from seven flights a week to four and the service to Chicago will reduce from three flights a week to no flight. Those flights will go to Dublin. On behalf of the taxpayer, the Minister for Finance has a 25% stake in Aer Lingus and gets to nominate three board directors. When there was only one State nominee, we called on the Minister to get the full State representation on the board and the Minister decided to nominate an additional two directors. At that time he specifically stated this was to protect strategic interests. Nothing could be more strategic than protecting the western seaboard and the mid-west in terms of Shannon.
Preclearance is to be commended. It is a phenomenal facility. Shannon and the mid-west have shown they are up to the task given that the airport is ready to proceed by the end of July. I ask the Minister to use the Government’s 25% stake in Aer Lingus to ask it to defer any decisions on the Boston and Chicago flights until the preclearance is operational to see how it works. The Government should market it properly and put into practice balanced regional development. I am trying to be positive tonight. The preclearance facility is a win-win for Shannon Airport, the mid-west and western region. It is a win-win for Ireland Inc. and for exports. It effectively brings people into the country. At present, American tourists bring €280 million into Shannon, the mid-west and the western region. There is €35 billion in US multinational investment in the mid-west and the western region. The sheer scale of that indicates its importance.
A negative by-product of the reduction of transatlantic flights out of Shannon from 14 to eight per week is that flights between Shannon and Dublin reduce from ten flights a week to [332]four. While I am open to correction from the Minister, on my analysis there will be no flights three days a week between Shannon and Dublin. We also get connectivity out of Dublin. To give context to this, when Aer Lingus discontinued its profitable flights between Shannon and Heathrow, the decision was short-sighted as has subsequently been proved. Not only has Aer Lingus resumed this service, but it has also announced that effective from 25 October, an A320 aircraft will be based at Shannon which will facilitate an increase in the Shannon-Heathrow services to three per day, subject to confirmation of slots. That is another positive story. The Shannon to Heathrow service should never have been stopped.
I am concerned at the reduction of transatlantic flights. Not only do we have a marketing tool in terms of preclearance for Shannon Airport, from the end of July we will have a comparative advantage over our EU counterparts in terms of airports. We must exploit this advantage by ensuring we properly fund tourism through the €53 million provided in the tourism and economic development plan. The Government should use its 25% stake in Aer Lingus to ensure there is no downgrading of the number of flights between Boston and Chicago into New York. Let us see how preclearance works and let us put in place funding. Preclearance has implications for us in terms of connectivity to Dublin through Shannon.
Fine Gael would like the air travel tax to be abolished. Ryanair and Aer Lingus have stated it is one of the contributing factors in their reducing transatlantic flights and for the reduction in other flights by Ryanair. The Minister should take the bull by the horns and ask the Minister for Finance to abolish this tax which makes no sense. It is preventing people from travelling here and it makes no sense. We need to work together to ensure preclearance is up and running as a matter of urgency. I hope the Minister can confirm that it will be operational by the end of July and that the required funding in this regard will be put in place. The Government should use its 25% stake in Aer Lingus to ensure the transatlantic flights continue, which will be a good news story for Shannon, the mid-west and Ireland Inc.
Deputy Olivia Mitchell: I, too, welcome this legislation which has the potential to be of huge benefit to Ireland from a tourism and transport perspective. I have long been of the view that tourism and transport are inextricably linked and should not alone be housed in the same Department but should be part of a major economic Department, a view with which An Bord Snip agrees. This is essential given the importance of tourism to national and regional employment and to our economic development.
Transport policy is essential to tourism policy and to our economic development. As an island country, considerations such as access to the country and our need to move people and goods in and out of the country as seamlessly as possible are considerations that should supersede any others with which Government concerns itself. All decisions, regardless of from what Department they come, should be accessed-proofed by Government. The truth is that our island status is a huge disadvantage to us when it comes to traded goods and tourism. It behoves us to do everything possible to leapfrog that disadvantage. The introduction of a departure tax and the Minister’s continued defence of it is perplexing.
I want, however, to be positive about this legislation because I believe it will give us an enormous competitive advantage. Whether going on holidays or on business to the United States, anybody who has stood in line in New York, Washington or Chicago and watched people miss flights, listened to screaming babies and their stressed out parents or witnessed people fainting will see the enormous advantage of preclearance for passengers and airlines. I [333]assume the conditions available to people in Shannon or Dublin will be much more comfortable and less crowded than they are at airports in America.
I recently met with the tourism renewal group and I was a little disappointed to hear it say it did not see any potential for tourism or Shannon in the introduction of preclearance facilities at Shannon. It believes this to be a transit throughpoint for people, which is to miss the importance of this facility. The introduction of preclearance facilities has the potential to put Shannon back on the map and to allow it to play the role it played in the 1950s, namely, the entrance point to Ireland, the West and Europe from the United States and vice versa. Also, quite apart from it bringing tourists into Ireland, it can be the salvation of Shannon Airport. It will help to make it a viable and sustainable airport. I do not believe I am scaremongering in saying that currently it is neither. It desperately needs an offering to airlines that will give it a key advantage over other airports. It will also offer a lifeline to Aer Lingus as an airline with an established transatlantic route out of Shannon.
It is unfortunate that the introduction of this facility was delayed to the extent that it coincides with the recession and the current euro-dollar exchange rate. Given few airlines have taken advantage of the “Open Skies”, it may be that other European airlines will not fully appreciate or take advantage of the full benefits of preclearance. I am pleased that British Airways has confirmed its intention to route its flights from London City Airport through Shannon. It was previously unclear whether such flights would be non-stop, and to hear the stop-over confirmed is good news.
The marketing of this advantage to every EU airport and airline flying the transatlantic route must be a national undertaking with the full backing of every Department. It cannot be left to the Dublin Airport Authority alone. While it is important to the authority, it is crucial for the entire country. I use the words “national undertaking” as I believe in tourism we already have a national crisis. By the end of this year, 50,000 jobs will be lost in this sector, which scarcely gets a line of print. It is perplexing that the Minister with responsibility for tourism believes the departure tax is an appropriate response for an industry ailing to that extent. If any other sector were losing even 10% of that number of jobs, it would receive huge headlines, task forces would be established and there would be cross-departmental efforts to reverse the fall. Tourism is suffering as a result of a failure to realise how important it is to our economy, in particular to employment.
As stated, preclearance is a facility in Europe which is unique to Ireland, which will initially commence in Shannon and later in Dublin. I understand the plan was to open the facility in Dublin following completion of Terminal 2. However, I am not convinced Terminal 2 will open when completed in 2010. It appears there would not be much point in the Dublin Airport Authority taking on the considerable additional operating costs associated with opening that terminal when the travel market is contracting with fewer people travelling through Dublin Airport. It may be that all our eggs are going to be in Shannon for the foreseeable future.
The private jet preclearance facility is unique to Shannon. This, too, has huge potential but only if private jet owners know about it. What efforts are being made to market this aspect of the preclearance facility, which may be even more important than the availability of the facility to commercial airlines? The prospect for business people of being able to fly direct into a domestic airport in America, perhaps close to their business destination, is very attractive. Again, it is only attractive if they know about it.
I have two major concerns, namely, that we market this facility and provide it at reasonable cost. I understand the cost being quoted is €10.50 per passenger in addition to the €1.50 landing [334]charge. While I understand the need to defray costs, I wonder what exactly are the costs beyond the initial setting up of the facility, which I appreciate. While there may be security costs involved, security is currently provided in respect of the US facility already in place in Shannon and Dublin. Any outlay by the Exchequer should be viewed as an investment that will bring an even bigger prize. Overcharging may kill the goose that has the potential to lay a golden egg for us and the potential to save Shannon Airport, regional tourism and be of enormous assistance to Aer Lingus. It would be short-sighted to squeeze the last euro of income from it as we might be sacrificing something much more important.
Even more worrying is the stipulation in the legislation that the facility will not be set up without the guarantee of sufficient numbers.
The explanatory memoranda to the Bill state that the provision of preclearance facilities at an Irish airport will be contingent upon the existence of sufficient traffic to make feasible the efficient operation of the preclearance facility. That makes my blood run cold when we see the loss of flights from both Delta Airlines and Aer Lingus. What numbers will make this viable from the US perspective? It will not keep a facility running for seasonal use or occasional flights. It is extraordinary that Aer Lingus would cut flights from Shannon just when it is in pole position to capitalise on the opportunities this offers. It would be catastrophic for Ireland if we fail to capitalise on this unique competitive advantage. I ask the Minister to tell the House what numbers would be sufficient to make the facility viable.
Deputy M. J. Nolan: I welcome this Bill and I commend all those involved in bringing it to this Stage. It was moved in the Seanad on 9 June and passed there on 16 June. It now comes before us for all Stages to be passed and I hope it enjoys the support of all parties in the House.
It is important to emphasise that the Minister and his Department succeeded in negotiating this agreement with the US authorities for the preclearance of passengers bound for the United States from Irish airports. It is positive to note the Bill, when enacted, will commence in Shannon Airport on 29 July before coming into effect when the new terminal opens in Dublin Airport early next year. It is critically important for the growth in traffic through Irish airports bound for the United States because we will be the only country in Europe with this facility. The Minister said he hoped this will increase traffic through the airport but apart from the airlines using Shannon and Dublin Airports, other airlines will notice passengers voting with their feet and when they see they can avail of this facility in an Irish airport it will attract a lot of attention. I hope it will get the publicity across Europe that it deserves.
Ireland and the US have a long history in aviation, going back to Alcock and Browne crash landing in Connemara, the flying boats in Foynes in County Limerick and Shannon becoming popular in the jet age as the closest point to the US. This legislation continues that relationship between the two countries and it is important to acknowledge that. I hope the recent decisions by Delta Airlines and Aer Lingus to suspend some of their winter flights from Shannon will be reversed. This undertaking by the authorities in Ireland and the US should lead to a review, if nothing else, of those decisions after the summer season.
Shannon Airport must play its part. I am not from the mid-west, I use Dublin Airport most frequently, and the congestion there is off-putting. Many people from the midlands and south prefer to use Shannon Airport if flights are available. It is unfortunate that there was such a delay with the construction of the new terminal at Dublin Airport. It was not until the latter stages of the economic boom that there was progress in this area. The airports should be self financing. They have a cash cow, a customer base they should use. That does not mean they [335]should abuse that base. Some of the car parking charges in Dublin Airport were prohibitive and the authorities there abused their monopoly. It was only when competition entered the market and numbers using the car parks fell that they decided to cut prices.
In the past ten years there has been a significant increase in the volume of traffic through our regional airports. The Government, through the European Union, has been assisting these airports so they can survive because that would be impossible on a commercial basis. In that context I cannot understand why more serious thought was not given to the use of Baldonnel. The Department of Defence has invested significant amounts in the military aerodrome. It is near Dublin and has the potential to take some of the strain from Dublin Airport. There are models in Europe where military aerodromes are also used for civilian flights and the Minister should have a look at this in the future.
Deputy Michael P. Kitt: I welcome the Bill. Its purpose is to give legal effect to the preclearance agreement signed by the Minister and the Secretary of the Department of Homeland Security in Washington in November 2008. We will now be able to allow aircraft to land at an extensive range of US airports, facilitating easy connectivity to all points within the United States. By improving the passenger experience of those travelling to the US, preclearance should contribute significantly to growth in travel to the US and to new business for Irish airports.
This facility starts in Shannon on 29 July next and in Dublin Airport next year. I welcome the fact that the US authorities have no plans to introduce similar facilities elsewhere in Europe. Preclearance offers significant marketing opportunities for Irish airports. British Airways is considering a business class only service from London City Airport to the United States with a stop at Shannon precisely for the purpose of taking advantage of preclearance services. We can expect an increase in private and business aircraft through Shannon and I welcome the potential job creation for the mid-west. There are great opportunities also for Aer Lingus and air transport will play a major role in our economic recovery. Ireland is a peripheral location and the west and mid-west are even more peripheral. There is now a great competitive advantage in terms of attracting tourism but there is also the question of the charges which I hope will be reasonable.
We are all aware of the delays at airports in the United States, with queues to clear immigration that last for hours and further queues for onward flights. It was stated that the personnel who carry out inspections would have immunity, which raises the question of whether there will be controls and an appeals mechanism. People who obtain preclearance will have the same privileges as a US citizen arriving in the US. This is the only way to deal with the issue because people may feel threatened and use other ways of entering the US. The American authorities, as we know, are strict about travel documentation and they introduced the biometric passport to enforce their strict regulations.
As Minister of State at the Department of Foreign Affairs, I dealt with the issue of passports and introduced a Bill to update the situation. There seem to be queries with regard to larger photographs for diplomatic and official passports. The Minister might reply on this issue.
The mention of people trying to get into the United States in different ways raises the issue of undocumented Irish immigrants in the US. People in that situation have encountered serious difficulties in coming home on the occasion of family bereavements or weddings. They may also need medical treatment and find it unaffordable, and elderly Irish immigrants may have concerns about the cost of long-stay hospitals, nursing homes or carers, as occurred in a [336]situation I was dealing with in recent times. This is a real issue affecting Irish people and we must continue to work on it.
This Bill will be of great benefit to the economy and commerce in this country as well as the passengers concerned. I hope Shannon Airport will get more business in Europe. It always amazes me that it takes so long to get from any Irish airport to eastern Europe, for example, even though Ireland is a member of the EU. I used to notice when I was on the Council of Europe that one had to get three flights to travel to new member states. Our MEPs talk regularly about the poor service to Strasbourg for meetings of the European Parliament. These are issues that will, I hope, be dealt with. We have a strong business relationship with the US and I hope the Bill will attract industry to this country, including American multinationals, and provide new business opportunities.
The Department of Transport is the lead Department with regard to radioactive materials. We do not have a central facility in this regard and there is an issue of whether the US preclearance officers have the necessary instruments to identify radioactive materials. Has a protocol been devised for the finding of radioactive materials? There are take-back agreements with suppliers but this does not always apply to colleges and laboratories. We need to clarify such issues.
This Bill is a vote of confidence in the Shannon region. Shannon Airport is a key Irish airport and this agreement will give it a competitive advantage, which is important in the context of the recession. I hope when the world economy improves we will have other aviation opportunities. Shannon is an excellent facility. I am honoured to be living close to both Shannon and Knock airports. As has been mentioned, Shannon has great facilities and does not have the same congestion as we see at some of the city airports. I hope we can market this preclearance facility at a reasonable price. This should be a successful business development and I hope tourism and commerce will continue to develop in the Shannon and mid-west region.
Deputy Niall Collins: I thank the Ceann Comhairle for giving me the opportunity to contribute to the debate on this important Bill, which is so relevant to the mid-west region. Shannon Airport, as we know, is of considerable strategic importance to the mid-west region, particularly in terms of jobs and tourism both inward and outward.
Many of our discussions and debates about Shannon Airport hinge on Aer Lingus, but it is important to mention that Ryanair has made a significant contribution to the revolution on low-cost travel and the opening up of the mid-west region by allowing Irish people to travel to destinations across Europe and further afield and by bringing inward tourism from these areas. We also need to acknowledge that it was Government policy applied consistently over the years that created and developed Shannon Airport and the wider Shannon region as a viable industrial area, and acknowledge the imaginative thinking that allowed the creation of the Shannon Free Zone and the reduced rates of corporation tax which helped attract foreign direct investment to the region.
With regard to the issue of the €10 travel tax, we should not allow Shannon Airport to become a political football again. Nobody — whether a bed and breakfast proprietor, a hotelier, a tourism promoter or an ordinary member of the public — has contacted me as a public representative and legislator, to lodge a complaint about the travel tax. Our friends opposite have made a number of points in this regard, but I do not believe the decision a person takes to travel or not depends on a €10 travel tax.
[337]Deputy Fergus O’Dowd: Maybe it should be €20 or €30.
Deputy Niall Collins: I do not think it is a factor that should come into the decision. I am just mentioning the fact that nobody has brought this to my attention as a representative of the region.
Deputy Fergus O’Dowd: Does the Deputy think people should pay more?
Deputy Niall Collins: I did not say that. The Deputy should not misrepresent what I am saying.
My constituency in County Limerick has benefited enormously from foreign direct investment and the good, sustainable jobs that have derived from it such as those in Kostal and Wyeth. Just outside my constituency, Analog Devices and Johnson & Johnson have provided many valuable jobs for constituents of mine and continue to do so.
In the midst of all the doom and gloom about the recession, which is, as we know, affecting Europe and the rest of the world, there is an interesting statistic that exports in this country have fallen by about 5%, in contrast with the rest of the EU, where they have fallen by about 20%. From that perspective we can see the valuable input of our foreign direct investors and manufacturing companies. Our exports are holding to a degree of -5%, which is relatively good compared with other areas. The job losses at Dell were unfortunate, but we must ask why this happened. The answer is simple, namely, our competitiveness has suffered.
The CEO of Enterprise Ireland recently appeared at the Committee of Public Accounts, where he said that we must move away from our manufacturing base. However, I do not entirely agree with this view. We should not just throw our hands up. We must address the issue of competitiveness. It is a fact that the establishment of the preclearance facility and the restoration of competitiveness for the region go hand in hand. I compliment the Government and the Minister, Deputy Dempsey, on their honest endeavours in this regard. The pulling together of this deal with the US authorities will result in many benefits for the region. For example, it will afford the opportunity for State agencies that are marketing the region and the country to have a captive audience of business people and promoters who are passing through the region. It will also provide increased traffic and open up the possibility of bringing new airlines to the region. Shannon Airport is a tremendous facility.
It is also worth noting that the arrangement between Ireland and the US authorities is the only such arrangement in Europe. As Ireland is an island nation on the periphery of Europe, this will be extremely important in enhancing our competitiveness. I welcome the opportunity to contribute to this debate. It is a job well done.
Deputy Tom Hayes: I welcome the opportunity to contribute to the debate on the Aviation (Preclearance) Bill 2009, particularly in reference to the positive factors for the mid-west region. Shannon Airport provides am outstanding transport service to a large geographical area, with people travelling from throughout the State and particularly from counties Limerick, Clare, Tipperary, Cork, Kerry and Galway to fly to countries all over the world. It is a resource for which people in my constituency are very grateful. It is invaluable for commerce, tourism and in terms of providing a connection to Europe, the United States and further afield.
However, last year saw the first reduction in passenger numbers at the airport since the Gulf War in 1991. We are all aware that the aviation industry in Ireland and across Europe is struggling. Under the measures set out in this legislation, Shannon Airport expects to facilitate 70 jets per day at its preclearance facility, including two daily British Airways business flights. [338] With further difficulties expected in the aviation sector, this will be a great way of bringing traffic though the airport.
We should make the most of this opportunity by ensuring that Shannon Airport’s preclearance capability is well advertised and is supported by a positive experience for passengers in the airport. Information must be provided to ensure passengers are aware in advance of attractions in the area and its suitability for tourists. If we work to make Shannon synonymous with transatlantic travel and to ensure that people are aware of its many positive attributes as an area to visit, passengers are likely to stop over in Ireland on their way to other destinations, taking advantage of our wonderful scenery, people and sporting and cultural attractions, including race meeting, festivals and so on.
The Shannon region is an area starved of visitors despite all these advantages. That is why I am so pleased to welcome an innovation which will make us a European leader in aviation and will provide a fantastic facility for passengers and airlines alike. This new string to Shannon Airport’s bow is essentially the equivalent of an infrastructural investment and, as such, provides a huge boost to the entire area. If this preclearance facility is properly managed and promoted, it can make Shannon — and Dublin, once the facility there is operational — a hub for both Europe and the United States, offering passengers smooth, easy and efficient flying. By allowing customers to preclear customs, immigration and agricultural inspections in a special designated area in the airport, we can offer them a distinct incentive. They can fly into Shannon before proceeding to the United States, clear all the necessary checks and prevent any queues, delays, or difficulties at their destination, thereby making the process quicker and more efficient. Disembarking in the United States will be a quicker and smoother process for passengers as a result.
From the perspective of the airlines, this measure will make Shannon Airport a centre for low-cost flying. Passengers will be treated as though they are on an internal flight from Shannon onwards, which will have huge cost savings for airlines. The cost per passenger will be only €10.50. By enabling airlines to fly directly without stopover to airports without passengers having to go through the immigration controls required heretofore, airlines can pay vastly reduced fees to smaller airports that are anxious for this business. In addition, this legislation has the potential to attract large numbers of visitors to a region that is crying out for tourism.
Minister for Transport (Deputy Noel Dempsey): I thank Deputies for their positive contributions to the debate on this legislation. Without exception, there was praise for these measures and for the agreement we have made. To the Deputies who queried why it took so long to reach agreement, I remind them that a similar deal with Canada took seven years to negotiate. I spoke to various members of Congress in the United States and people who were involved in various lobbying campaigns, and they were all amazed that the agreement was concluded so quickly. The reason for this was the commitment of both sides and the relationship that exists between our two countries, including our affinity in terms of aviation policy generally, as referred to by so many Deputies. In particular, the link between Shannon and the United States was often mentioned to me during the negotiations.
Deputies O’Dowd, Kitt, Broughan and others asked about the cost of these measures. The capital cost of providing preclearance facilities at Shannon Airport will be approximately €20 million. Deputies from that region will be aware of the work that is ongoing in this regard and which will be completed in July. The best estimate we have for Dublin Airport, where the facilities will be provided as part of the T2 project, is that it will cost approximately €30 million. [339] In regard to operational costs, the various agencies that are involved, including the Garda, Customs and Excise, airport authorities, Revenue and so on, are being asked to work within existing resources. The cost of retaining customs and border patrol personnel is a matter for the United States authorities and involves no cost to the Exchequer.
Deputy O’Dowd asked why a regulatory impact assessment was not undertaken. It was not considered necessary in this case because the legislation does not require an addition to regulation. Deputies Breen and Broughan asked about the charges to passengers. The charge at Shannon Airport will be €10.50 per passenger but the charge at Dublin is not yet known. This cost is based at Shannon, as it will be at Dublin, on the economic costs of providing the necessary services. The decision in regard to the level of costs is one for the airport authorities themselves rather than for the customs and border patrol, the airlines or the Minister for Transport.
Almost every Deputy who spoke pointed out that this measure represents a wonderful opportunity for the Shannon region and the mid-west in general. I agree it is vital that all of this should be marketed. It is the Government’s job to provide the best possible conditions in which businesses must operate. We did this by providing the new preclearance facility in the mid-west. As many Deputies on all sides have freely acknowledged, this has provided Shannon Airport with a competitive advantage. Rather than looking elsewhere for salvation, the airport should continue to pursue the approach I have observed in various visits to the facility in the past 12 to 15 months. This is exemplified by the establishment of Atlantic Way and the coming together of many organisations in the mid-west region to help themselves.
The Government has provided a preclearance facility which gives the region competitive advantage. It is now up to the region to make use of and capitalise on this facility because the competitive advantage it offers will not last forever. In this regard, Deputy Broughan asked when a preclearance facility at Dublin Airport will come on stream. This is due by the end of next year with the opening of T2. Shannon Airport’s advantage over Dublin Airport in terms of preclearance facilities will last for 12 to 15 months and both airports will have a considerable time advantage over all other airports in Europe because they will have the only preclearance facilities in Europe for some time.
While I concur with Deputies opposite on the need for marketing, this is a task for the mid-west region. It is being done by Tourism Ireland and Shannon Airport. Shannon Airport Authority, for instance, is actively promoting the customs and border patrol, not only for commercial flights but also for the private jets to which many Deputies referred. It is a question of getting up and going.
A number of Deputies referred to a promise to provide €53 million for marketing Shannon Airport and the mid-west region. No such promise was made.
Deputy Kieran O’Donnell: The Government commissioned the report.
Deputy Noel Dempsey: A report was commissioned on marketing and other matters.
Deputy Kieran O’Donnell: It was a good report.
Deputy Noel Dempsey: The report sought €53 million for the marketing of the mid-west region. As this sum exceeds the entire annual budget of Tourism Ireland, it was not realistic and was never promised. The former Minister for Transport, the late Séamus Brennan, and I succeeded in securing special earmark funding of €4.5 million for the region as an exceptional measure. This funding is being spent at present. The Shannon and mid-west region is the only [340]region with a specific, targeted tourism campaign, known as Discover Ireland’s Wonderful West. I launched the campaign on a visit to the United States last year and, as some of the Deputies opposite noted, it is working well.
A number of Deputies raised the issue of cargo preclearance. The agreement does not provide for this form of preclearance. The United States authorities were anxious to proceed with preclearance for passengers and private jets. In our discussions with the US authorities, my officials and I raised the possibility of introducing a cargo preclearance facility at every available opportunity. For example, I raised it at my meeting yesterday and at the meeting I had with Secretary Chertoff when we signed the deal. The United States authorities have not by any means rejected the cargo preclearance proposal. Yesterday, we received further confirmation that they first wish to see how the new preclearance facility works. Once that has bedded down, we will be able to raise the issue of cargo preclearance.
While I intend to continue to pursue the issue of cargo preclearance and concur with Deputies opposite that such a facility could offer significant opportunities to establish a logistics hub at Shannon Airport, having raised the possibility with the United States authorities on a number of occasions, I believe the best course of action is to ensure the preclearance facility works and the reopening of the market in September is successful. If everything runs smoothly, it will create confidence and we will, I hope, be in a position to push an open door on the issue of cargo preclearance.
While I do not wish to add a note of acrimony to what has been a constructive debate, a number of political points were made on the famous departure tax of €10. According to some Deputies, the tax is causing devastation across Europe, the United States and the world.
Deputy Pat Breen: It was implemented at the wrong time.
Deputy Noel Dempsey: I fail to understand how a departure tax in Ireland could have resulted in reductions in the number of passengers using airports across Europe. Some of the Deputies opposite noted that Belgium and the Netherlands decided to abandon similar taxes. However, the figures show that the rate of decline in passenger numbers in Belgium and the Netherlands is greater than in Ireland.
Deputy Thomas P. Broughan: That is because Irish people have no other means of travel.
Deputy Kieran O’Donnell: We are an island nation.
Deputy Noel Dempsey: If Deputies wish to make statements on the issue, they should at least consult the relevant figures. Data from the International Air Transport Association on passenger numbers show that the decline is a result of the global recession.
Deputy Thomas P. Broughan: The Minister is under the thumb of the Department of Finance.
Deputy Noel Dempsey: Ireland did not impose a departure tax across the world.
Deputy Thomas P. Broughan: He should stand up for his Department.
Deputy Noel Dempsey: We have heard nonsense, plain and simple, about this issue.
Deputy Pat Breen: Why impose a departure tax when passenger numbers are falling?
[341]Deputy Noel Dempsey: If we were to abandon the departure tax, as proposed by Fine Gael and the Labour Party, it would result in a loss of income or increased charges of approximately €200 million. Will the Deputies opposite tell me where we would generate such a sum in the event that we chose to forego revenue from the departure tax? It is easy to call on me to abolish it, and I would be more than willing to do so if the tax could be avoided.
Deputy Thomas P. Broughan: The Minister should publish a cost-benefit analysis of the measure.
Deputy Noel Dempsey: None of the Deputies opposite has proposed cuts to compensate for abolishing the departure tax. They cannot have it both ways.
Deputy Pat Breen: The Minister would not accept any suggestion made on this side.
Deputy Thomas P. Broughan: This is the cutback Government.
Deputy Noel Dempsey: The problem with the Deputy is he does not want to cut anything. He wants to create the impression that measures can be set aside and refuses to face up to reality.
Deputy Thomas P. Broughan: The Government will be cut back at the next general election.
Deputy Noel Dempsey: I would like to be constructive. Deputy Broughan asked whether it is possible to change the designation of space. This can be done formally. The diplomatic notes are standard notes which must be exchanged when an international agreement is made. There is no delay in this regard.
The State Airports Act was suspended following requests from the airports concerned arising from the current financial circumstances.
Deputy Thomas P. Broughan: Will the Minister bring back Aer Rianta?
Deputy Noel Dempsey: The agreement allows either party to request a review at any time. Redress is provided for in Irish law but that does not preclude passengers from also pursuing actions in the US. Deputies raised other issues which we may address on Committee Stage.
An Ceann Comhairle: As it now 9.30 p.m., I am obliged to put the question: “That the Bill be now read a second time.”
Sections 1 to 4, inclusive, agreed to.
SECTION 5.An Ceann Comhairle: Amendments Nos. 1 and 3 are related and may be discussed together.
Deputy Thomas P. Broughan: I move amendment No. 1:
This amendment deals with the concerns expressed in the Seanad about the possession of weapons by American preclearance officers. My amendment specifically states, “A preclearance officer may not be in possession of a firearm or offensive weapon or any other article or thing specified by the Minister”. While I welcome the tenor of amendment No. 3, the Minister for Transport’s proposal does not cover every possible type of weapon which a preclearance officer may possess.
During our debate on Second Stage, issues were raised regarding immunity for preclearance officers. An unusual situation will pertain under section 5 in that people with diplomatic immunity will possess extensive and almost police-like powers. That is why I asked the Minister what information we will be given regarding officials and the procedures they will follow. Will the Dublin Airport Authority and the Garda be given detailed briefings on the kind of resources available to them?
The Minister stated that he met Janet Napolitano yesterday. Anybody who has been to the United States since 11 September 2001 will be aware of the changes that have taken place. People are now becoming used to web clearance procedures. In this context, I feel the Minister should clearly provide that weapons are not acceptable. Amendment No. 3 provides for this through a negative construction by stating, “Nothing in this Act shall be construed as permitting a preclearance officer to be in possession of a weapon”.
It is important that we be given information on the personnel and the resources they will have under section 5. According to the briefing which departmental officials helpfully supplied, it appears the Canadian authorities have invigilated this matter in a stricter manner than the Bill before us.
The Minister might consider reviewing the legislation on a five year basis. I am unsure of the rules in that regard, although we have come up with amendments on the spot when debating other Bills. It would be useful to review every aspect of the Bill, including the core economic goal of boosting Shannon through the operation of this agreement. I take the points made by my Fine Gael colleagues regarding cargo preclearance.
Minister for Transport (Deputy Noel Dempsey): I thank Deputy Broughan for his amendment, which is based on a discussion we held in the Seanad. His colleague in that House wanted increased clarity on the matter but accepted my explanation that the amendment he tabled in this regard would probably cause further difficulties.
In accordance with the agreement, preclearance officers will not be allowed to carry any weapon in the preclearance areas. The use of weapons by preclearance officers was clearly rejected by the Irish negotiating team. This position was upheld by the intergovernmental agreement. Let there be no doubt that security within the preclearance area will be provided by the Garda, as is the case in every other part of the State, and that Irish law will apply.
It was argued in the Seanad that US officers should be explicitly prohibited from possessing weapons in the course of exercising any function under the Bill and I agreed to consider the matter further. In this context, amendment No. 3 provides that preclearance officers will not be permitted to possess weapons in the performance of their duties under the Bill. According [343]to the legal advice I have received, this is the most appropriate manner in which to address the issues raised by Deputy Broughan.
Under section 1, “weapon” is defined as “a firearm within the meaning of the Firearms Acts 1925 to 2007, or a knife within the meaning of section 9(1) of the Firearms and Offensive Weapons Act 1990, or a weapon of offence within the meaning of section 10(2) of that Act.” That should address the concerns raised by the Deputy.
The immunity to which he referred is not diplomatic. The immunity provision in the agreement applies only to United States Customs and Border Protection officers in respect of the performance of their duties. The agreement also allows us to request the removal of an officer who abuses his or her position. However, it is not the same as diplomatic immunity. I ask the Deputy to accept the advice I have received on this, which is that the spirit and intent of his amendment is met by the Government amendment.
Deputy Thomas P. Broughan: The Minister has made an interesting point about the kind of immunity involved but what kind of information will we have on this staff? For example, Shannon and Dublin Airports both have strict guidelines and one must obtain special passes to access the apron. In recent months, when we visited SR Technics we went through that procedure, and rightly so, in order to set foot in that sensitive area. What kind of general knowledge will we have about the personnel involved and how will they carry out the operation?
Deputy Noel Dempsey: The people we will be dealing with are law enforcement officers. They are not Irish law enforcement officers but they are law enforcement officers in American terms. From the US side, they will have been checked and cleared for security purposes. Obviously, they are here for a specific purpose, which is to ensure that people do not board planes bound for the United States who should not get on them. Therefore, there will be a high level of checking from the US viewpoint. All the security issues at the airport that the Deputy raised, including the necessary clearances, will apply to these officers as they apply to airport staff generally. They are not immune from that, although they are immune from legal cases in the performance of their duties providing they do so with due care and diligence. Immunity does not mean that they will saunter around the airport in places that are not preclearance areas. The matter is secure from that point of view.
Deputy Thomas P. Broughan: Based on the Minister’s assurances, I will withdraw the amendment.
Amendment, by leave, withdrawn.
Deputy Thomas P. Broughan: I move amendment No. 2:
There was a discussion about this in the Seanad where the Minister gave a specific assurance. He felt the US officials should not have the power to do any kind of strip search. When we re-examine the Bill, however, we do not see that this is specifically banned in the Bill. The amendment defines the search process more clearly by stating that preclearance officers should not [344]be allowed to strip search passengers going through. Gardaí obviously have that power but the US officials should not. Section 5(1)(e) states that a preclearance officer may:
It seems that the Minister has not specified sufficiently clearly that a strip search power does not apply to these officers. With the help of colleagues, I was glancing at some good information on the Canadian system. The Canadians specifically state that a frisk search can be applied in certain circumstances. We are all used to the kind of basic search everyone gets in the line going through to airport aprons before boarding aircraft at Shannon, Dublin and elsewhere. The Minister should have specified this clearly, however. That point was made by my colleague, Senator Brendan Ryan, and other Senators during the debate in the Upper House. We would like that provision to be included in the Bill as per subsection (3) in the amendment.
Deputy Noel Dempsey: If the Deputy looks at the Bill he will see that we are talking about two different subsections, (1)(d) and (e). As a general point, Irish law enforcement officers in the preclearance agreement have extensive powers of search, which are provided for in section 6. Under section 5(1)(d), the search is at all times subject to the consent of the traveller concerned. Section 5(1)(d) states that a preclearance officer may:
That is a specific condition, therefore, when the traveller gives consent. Section 5(1)(e) refers to when the traveller does not give consent. That is where the officer does not require the consent of the traveller, and that power can only be exercised in circumstances where the preclearance officer reasonably suspects that the person is in possession of a weapon or otherwise poses an immediate threat to the safety of the officers or other individuals in the preclearance area. In this regard it should be recalled that before any traveller enters the preclearance area, he or she will have cleared the airport passenger screening system and will have been screened for weapons and explosives. It can be assumed, therefore, that the power referred to under section 5(1)(e) is unlikely ever to be required in practice. That is the reality of it.
The amendment would provide that a search carried out by a preclearance officer under subsections 1(d) or (e) would not involve the removal of clothing “other than headgear or a coat, jacket, glove or similar article of clothing”. If those are the only articles of clothing involved, the strip search scenario which the Deputy is worried about, by its very definition, would not happen. Only outer clothing would be removed.
Both in the case of the consent search as well as the non-consent search I mentioned, the agreement we have reached with the United States provides for a pat down search as well as what is termed a partial bodily search. We are all familiar with the concept of a pat down search, which is carried out routinely at security screenings points in airports everywhere.
A partial body search is a more thorough search which might follow a pat down search. It involves the traveller removing items of clothing covering a particular area where the officer suspects that contraband is concealed. This partial search is always a targeted search. For example, if a bulge is detected on a person’s abdomen during the course of the pat down [345]search, the subsequent partial body search will target that area. Consequently, that type of search may involve the removal of clothing other than headgear, a coat, jacket, glove, or similar article of clothing. It should be recalled that, like the pat down search, the power to carry out the partial body search is subject to the consent of the individual concerned. The individual can withdraw that particular consent.
As it is proposed, the amendment would curtail the powers of preclearance officers and make it difficult, if not impossible, for them to carry out their preclearance functions. In addition, it would result in the legislation being at variance with the terms of the intergovernmental agreement on preclearance with the US. This legislation is intended to give effect to that agreement. For that reason, I cannot accept the Deputy’s amendment. I hope the explanation I have given clarifies the issue sufficiently for him.
Deputy Fergus O’Dowd: I presume that common sense applies in all of these cases and Irish law applies as well. There are no extra powers given to the preclearance officer that would not be there in any event for the Garda Síochána if it had to use them. Can the Minister confirm that? If consent is not reasonably given, then it is reasonable to assume that the person would not be allowed into the US. Is that the case?
Deputy Noel Dempsey: The Deputy’s interpretation of that is pretty accurate. Unless there is a perceived danger to others, a person can withdraw from the preclearance area and decide that he or she is not going through the procedure.
Deputy Thomas P. Broughan: I accept the general points being made by the Minister. We have specified things quite clearly, although amendments Nos. 4 and 6 deal with the functions of Irish law enforcement officers. I do not see why we do not specify it to the same extent in section (5)(1)(e). Given the disaster that occurred on 11 September 2001 and afterwards, we could always claim that this is an area in which we must move quickly, act first and look at people’s constitutional rights later on. The fact is that it is a US law enforcement officer who will be carrying out this function. For that reason, I will press the amendment.
The Minister mentioned that people would have gone through the normal airport screening before this. Is it intended that on the way to the preclearance area, there will be further screening? Such additional screening operates at some of the Canadian airports, before passengers come across non-Irish officers. People claimed that although this would expedite them through the airports at which they arrive in America, one could imagine where there could be a build-up of travellers, and that this could cause problems for those who have a bona fide reason for entering the US but who misses their flights. Is it anticipated that there will be a further layer of airport security?
Deputy Noel Dempsey: A further full process is not envisaged, but there could be further screening in the preclearance area——
Deputy Thomas P. Broughan: Is that on the outside on the way in?
Deputy Noel Dempsey: No, but there could be such screening in the preclearance area. The best way to describe this is that people currently go through the checks and the pre-inspection at Dublin Airport or Shannon Airport. When they arrive in the US they go through another process at the end. The US Department of Agriculture must clear them through and so on. Instead of that happening on the far side, it will happen on this side. There could be an extra [346]layer, depending on what is happening at the time. Shoes might be screened, whereas that might not happen on this side. That kind of screening could happen.
I am sorry if I have not convinced the Deputy of the necessity of this, but the explanation I have given should meet his concerns.
Amendment put and declared lost.
Deputy Noel Dempsey: I move amendment No. 3:
Section 5, as amended, agreed to.
SECTION 6.An Ceann Comhairle: Amendments Nos. 4 and 5 are related and may be discussed together by agreement.
Deputy Thomas P. Broughan: I move amendment No. 4:
Section 6 deals with the functions of Irish law enforcement officers. The section states that where a full search takes place, involving the removal of clothing, then no officer or person of the opposite sex shall be present, unless either that person is a medical practitioner designated by the officer conducting the search, or the officer considers that the presence of that person is necessary for the protection of the person carrying out the search, or is otherwise expedient. My amendment deletes “or is otherwise expedient” and inserts “or the presence of the person of the other sex is in the interests of the person being searched, or occurs with the consent of that person”. The Minister has come up with something similar in his own amendment, but my amendment provides an extra bit of protection to somebody in that situation. It would not be just in the interest of the person, it would require that person’s consent.
The Irish law enforcement officer has a very important power, as is detailed in this section, and this amendment is a small safety sub-clause to make things more secure for the person who is subject to a search without a warrant, as is the case in section 6. I commend the amendment and I hope the Minister accepts it.
Deputy Pat Breen: This section refers to the functions of the Irish law enforcement officers. There are times in Shannon Airport, particularly when transatlantic flights are leaving in the morning, when customs officers and gardaí are busy. We anticipate many private aircraft coming through the airport. What happens if goods are seized and people are turned back and [347]placed in the jurisdiction of the Irish law enforcement agencies, whether the customs or gardaí? It will place much strain and pressure on gardaí and officials there. I hope the Minister will ensure adequate personnel are deployed in the airport at times such as this and that it will not operate on a shoestring which it is at present. He must ensure the necessary resources are in place at the airport.
Deputy Noel Dempsey: As Deputy Broughan said, we had a long discussion on this in the Seanad. I thank Senator Ryan for bringing this to our attention and Deputy Broughan for making another attempt to try to make it as clear as we possibly can. The concern everybody has is the interest of the traveller rather than anything else. I hope Deputy Broughan will accept that amendment No. 5 fulfils the spirit and the letter of what he is concerned about, along with his colleague in the Seanad and the Fine Gael spokesperson in the Upper House.
This section refers to the functions of Irish law enforcement officers and, specifically, the range of search powers to be given to them under section 6. The specific powers arise where a person is reasonably suspected of making a false declaration of goods or being in possession of controlled or prohibited goods in this State, or is reasonably suspected of otherwise posing a threat to persons in the preclearance area. It is important we keep in mind that this will not involve random searches of people going through the area. It refers to a person who is “reasonably suspected”. Those two words are very important. If this happened on a street or anywhere else, one would expect the law enforcement officer to be in a position to search a person without a warrant and detain the person for such a time as is reasonably necessary to carry out the search, again subject to certain conditions.
That power is generally available to gardaí. In fact, if my layman’s knowledge of the law is anything to go by, I believe it is a power available to any citizen. One can detain a person in certain circumstances for a reasonable period of time.
Where a search of a person being detained involves the removal of clothing other than the outer garments about which we spoke and the kind of circumstances about which Deputy Broughan spoke, no officer or person of the opposite sex shall be present unless the person is either a medical practitioner, as the Deputy mentioned, or the officer considers that the presence of that person is necessary for the protection of the person carrying out the search or is otherwise expedient.
The Labour Party’s concern in this regard was that the words “otherwise expedient” were a bit vague and that it could be expedient for the officer rather than the passenger. We sought to address that. The purpose of those words was to provide an appropriate level of protection for the individual in certain circumstances and to protect the interests of the person being searched. I gave an example in the Seanad which I will repeat. If the person being searched is a male minor, it would perhaps be appropriate for his mother to be present during the search.
The issue was the subject of a proposed amendment in the Seanad and we tried to come up with a reasonable amendment which would meet the concerns raised. I agreed to look at the issue again. I have reconsidered the position and have taken legal advice on the matter.
To avoid the doubt expressed in the Seanad, I propose amendment No. 5 which simply adds the words “in the interests of the person being searched” after the words “or as otherwise expedient”. That meets adequately what the Deputy wants to achieve. It will make it very explicit that it is only the interests of the person being searched that are being provided for in this instance.
[348]Again, the legal advice I have is that the wording of my amendment rather than Deputy Broughan’s is the appropriate way to deal with the issue. I have a concern with the Deputy’s wording that if one has to get the consent of a person who is reasonably suspected of making a false declaration or of being in possession of controlled or prohibited goods the State, or is reasonably suspected of otherwise posing a threat to the search, it might cause difficulties, delays and danger to other passenger, and I know that is not his intention. I ask him, therefore, to accept my amendment which is designed to meet the strong concerns expressed by the Labour Party in this House and in the other House.
Deputy Thomas P. Broughan: Much of this relates to the word “expedient” which has a particular legal connotation. I welcome that the Minister has inserted the words “in the interests of the person being searched” which goes a good part of the way. However, all these qualifications are dependent on each other. If one thinks about the nature of the preclearance area and the fact that people have the right to leave it and so on, it seemed reasonable that the issue of consent should be built into the section. From that point of view, I believe our formulation is a better one but I accept the points the Minister made.
I wish to be clear about the review, consultation and so on. Once the agreement is in place, will there be a similar system to the Canadian one? Will there be constant interaction between all the stakeholders, including the American customs and immigration service so that we can review any issues, not after five years but over the months, and see how this is operating in Shannon over the next couple of years as well as in terminal 2 in Dublin Airport?
My final question arises from what I read about the Canadian experience. What happens to all the information the American preclearance officials collate and gather? I know they already have much information about everybody who travels to the United States. The Bill provides for privilege in regard to information but does this State have any rights to the kind of information collated and collected, even on a statistical basis? What recourse do we have in that regard? I urge the Minister to accept amendment No. 4.
Deputy Noel Dempsey: There will be quite an amount of interaction between stakeholders and so on. A consultative group will be in place shortly after this is implemented and, as I said, reviews will be carried out as required. There are different and important stakeholders involved in this. Passengers will want a pleasant experience when they are travelling to the United States. The airport authorities will want to ensure the facilities work and operate smoothly for their customers. The airlines will certainly not want any disruption or unnecessary delays to their schedules.
The US will want a system that works well, efficiently and effectively. Its main concern in all of this, as the Deputy correctly pointed out, is the security of the US. I am satisfied, having spoken to the US Secretary for Homeland Security and her predecessor, that she is committed to ensuring this system works well. The US authorities will watch the workings of the preclearance facilities closely and will want it to work well from both a security and customer point of view. If it were not to work for one party, it can choose to withdraw from it but then it becomes less effective. It is in everyone’s interest to ensure it works well.
Regarding the question on personal information, all information submitted will be held by the United States authorities as currently applies. We would not have access to that information. Between police forces, for example, provisions exist for the sharing of information. [349] However, data protection measures both in the US and Ireland would prevent too much personal information being provided.
General statistics on passengers, such as numbers travelling, would be available to us but I am not sure more detailed statistics on age, sex and so on would be. I will check on it for the Deputy and get back to him on it.
Question, “That the words proposed to be deleted stand”, put and declared carried.
Deputy Noel Dempsey: I move amendment No. 5:
Section 6, as amended, agreed to.
Sections 7 to 13, inclusive, agreed to.
SECTION 14.Question proposed: “That section 14 stand part of the Bill.”
Deputy Pat Breen: Earlier the Minister acknowledged the facility at Shannon Airport cost €20 million to build while the facility at the Dublin Airport cost €30 million which was incorporated in the building of the second terminal. It puts Shannon at a disadvantage that it must raise its preclearance charges from €1.50 to €10.50 to recoup some of the building costs. I accept Shannon’s preclearance facility will have the advantage over Dublin Airport of being open for a year and a half. The Minister has said the cost per passenger for Dublin Airport has not yet been made out. Will they be on a par with Shannon’s charge? Shannon Airport should try to have lower charges, if at all possible. With transatlantic business being eroded, the charge puts a further constraint on the airport.
Deputy Kieran O’Donnell: On providing proper funding for the marketing of the preclearance facility at Shannon, the Minister said €20 million was provided by the State. This, however, will be fully recouped through an extra charge, which when added to the airport travel tax, will mean an extra €20.50 charge per passenger. The €20 million in funding already given to the airport will, through various levies, be recouped and is effectively a loan. It is disingenuous to claim the Government has given €20 million for this facility. The money will be recouped from passengers and paid back to the DAA.
The preclearance facility is excellent but it needs to be marketed properly. If people are unaware of it, it will be difficult to make it a large competitive advantage for Shannon, Limerick and the mid-west region. What is needed is a proper marketing fund; €4.5 million is not enough. While the Minister was dismissive of the economic and tourism development plan for Shannon Airport catchment area, it was a Department of Transport official who co-ordinated the preparation of the report and it was launched by the Minister’s colleague in the Department of Arts, Sport and Tourism with great fanfare. This report was commissioned by the Government and it called for €53 million to be spent on promoting tourism in the mid-west. The preclearance facility at Shannon is a great opportunity for developing the region’s tourism.
[350]An Leas-Cheann Comhairle: Before I call Deputy O’Dowd, I must point out this is a single sentence section that allows for a fee for preclearance to be charged.
Deputy Kieran O’Donnell: It is relevant to the legislation.
Deputy Fergus O’Dowd: While it may be a single sentence section, the charge at Shannon has gone from €1.50 to €10.50 per passenger. What are the fees for clearance at, say, JFK Airport in New York? While I accept it must be economic for the DAA to get a return on the moneys invested in the facilities, the charges cannot be so high that they turn people off going through Shannon or Dublin Airports.
Deputy Noel Dempsey: Regarding Deputy O’Donnell’s point, at no stage did I put forward the proposition that the Government was providing €20 million for the facility at Shannon or was I being disingenuous about it. I was asked about the capital costs of the facility and I replied what they were. On Deputy Pat Breen’s point seeking assistance for Shannon for this, the facility is being paid for by the Dublin Airport Authority. I do not want to start a political row at this hour of the night but we have to get away from this nonsense that facilities can be provided all over the place with moneys for them coming from the fairy godmother.
Deputy Pat Breen: The Minister was one such fairy godmother for a long time.
Deputy Fergus O’Dowd: He was like Santa Claus.
Deputy Noel Dempsey: This is a facility that provides a competitive advantage for Shannon. Its cost of €20 million has to be paid in some way. The Dublin Airport Authority will pay the initial capital cost. The costs will be recouped from the people who use it, in return for the convenience of being precleared. Such people will not be delayed at the far side when they arrive in the United States. It is an advantage to Shannon Airport. The recoupment cost is obviously based on the number of passengers who go through. If the number of passengers using Shannon Airport increases substantially, I expect the cost per passenger to decrease. The costs that will apply at Dublin Airport have not been calculated. That will be done on the same basis as at Shannon Airport. It is obvious that the cost can be spread over the greater number of passengers who go through Dublin Airport.
Deputy Pat Breen: That will not make Shannon Airport very competitive.
Deputy Noel Dempsey: Shannon Airport will have the advantage for the next 15 months. The Deputies have spoken about the need to market the airport.
Deputy Noel Dempsey: That is a job for the airport. It is doing that job and should be encouraged to continue to do it, in conjunction with Shannon Development and the tourism bodies. I am not at all dismissive of the report mentioned by Deputy O’Donnell. The Government has invested €4.5 million in the mid-west region. If the Deputy can give me an example of another region of this country that has €4.5 million specifically earmarked for its tourism budget — to promote itself in the United States — I will take my hat off to him. It does not happen. Contrary to what the Deputy has implied, it is getting special treatment.
Deputy Kieran O’Donnell: It is a special region.
[351]Deputy Noel Dempsey: I have covered many of the points that have been made. It is a question of recouping the capital cost of €20 million.
Deputy Fergus O’Dowd: The Minister did not respond to my query about the cost. What do passengers pay at the moment to go to New York, for example, if they do not use Shannon Airport?
Deputy Noel Dempsey: I do not know what the charge is in Dublin Airport at the moment. The United States charges $5 for post-clearance or preclearance as part of the ticket price. That is not going to change. At the moment, the pre-inspection charge is €1.50. As a result of all the changes being made, the charge for preclearance will increase to €10.50. If one does not want to pay €10.50 for preclearance, one will be able to choose to travel from Shannon to Dublin for the first 15 months of the new regime and pay €1.50 instead. I think people will prefer to use the preclearance facility. According to the contacts I have had with the Shannon Airport Authority, the €10.50 charge has not been the subject of any negative feedback.
Deputy Kieran O’Donnell: I would like to ask the Minister about a term that was used on Second Stage and is mentioned in Article III. For the purposes of providing preclearance facilities at Shannon Airport, what is regarded by the US authorities as “sufficient traffic” at the relevant airport?
An Leas-Cheann Comhairle: We are dealing with section 14 of the Bill.
Deputy Kieran O’Donnell: I have asked a relevant question.
An Leas-Cheann Comhairle: The Deputy’s contribution sounds like a Second Stage speech.
Deputy Kieran O’Donnell: No, it is not.
Deputy Fergus O’Dowd: This is a very late stage.
Deputy Kieran O’Donnell: It is very relevant to Shannon Airport and the Limerick region.
An Leas-Cheann Comhairle: My view on the relevance of the Deputy’s comments is the important one in this instance.
Deputy Kieran O’Donnell: I ask the Minister to give me an example of any region in Ireland, particularly along the western seaboard, that has a similar concentration of US multinational companies to that of the mid-west region. The €4.5 million mentioned by the Minister is more than justified. In fact, it is not sufficient. Can the Minister mention any other region that has such a concentration of US multinational companies?
An Leas-Cheann Comhairle: This is not Question Time.
Deputy Noel Dempsey: I cannot give such an example, which proves that all the propaganda from the Opposition, which claims that the region in question has been neglected by the Government, is total nonsense.
An Leas-Cheann Comhairle: Is section 14 agreed?
Deputy Kieran O’Donnell: I also asked about the number of passengers that is deemed to constitute “sufficient traffic”.
[352]Deputy Noel Dempsey: I apologise. I should have answered the Deputy’s question instead of making that remark. No number is specified. A Deputy spoke earlier about the concern that the US side might pull back as a result of the announcement made by Delta Air Lines and Aer Lingus. I was reminded before my meeting with the US Secretary for Homeland Security to raise that specific issue. When I raised it during the course of yesterday’s meeting, I was absolutely assured that while the US authorities were aware of the withdrawal of the services in question, it would make no difference — the full complement of staff would operate at Shannon Airport.
Deputy Pat Breen: Will those using the Government jet use the preclearance facility at Shannon Airport when they are en route to the US?
Deputy Noel Dempsey: When the Deputy has been in government for a while, he will know that preclearance is not needed very often.
Deputy Pat Breen: It is a good question. Will Ministers use the preclearance facility at Shannon Airport?
An Leas-Cheann Comhairle: It would make an excellent subject for a parliamentary question next week.
Deputy Pat Breen: Will Ministers use the preclearance facility at Shannon Airport?
An Leas-Cheann Comhairle: I hope the Deputy is not being disorderly at this late stage.
Deputy Thomas P. Broughan: On a point of information, Deputy Breen will be aware that the forthcoming report of an bord snip nua is to recommend that the Government jet should be scrapped.
An Leas-Cheann Comhairle: The Deputy is aware that there is no such thing as a point of information.
Deputy Thomas P. Broughan: They will have to fly on economy airlines.
An Leas-Cheann Comhairle: That is certainly not relevant to this section of the Bill.
Deputy Pat Breen: I have asked a legitimate question. Will the Government jet stop at Shannon Airport on its way from Baldonnel to the United States?
Deputy Kieran O’Donnell: It is a question of balanced regional development.
Sections 15 to 21, inclusive, agreed to.
Bill reported with amendment and received for final consideration.
Question proposed: “That the Bill do now pass.”
[353]Minister for Transport (Deputy Noel Dempsey): I thank Deputies for the interest they have shown in this important Bill and the contributions they have made to the debate on it. This legislation represents a landmark development in Irish aviation. I am confident that when the current recession passes, the Government’s policy on preclearance will help Ireland to make progress on the road to economic recovery. I thank those Deputies and Senators who helped to facilitate the bringing of the Bill through the Oireachtas. It was extremely important for the Bill to be passed before the summer recess so the preclearance facility could start to operate. I thank my colleagues on the other benches for their support and assistance to that end. I also thank the officials of the House, my own officials and the Leas-Cheann Comhairle for their help.
Deputy Pat Breen: All political parties welcome the passing of this important Bill. I am delighted it has gone through the House without any problems. When it is enacted, it will be very good for the mid-west region. I hope those using commercial and private airlines will avail of the preclearance facility. I encourage the Minister to initiate a similar arrangement to provide for cargo preclearance. I spoke earlier about the Lynx Group, which is interested in this area and in the Shannon region. There is huge industry in this area. There is huge potential in the hub area. As the Minister continues his deliberations with the transport secretary, I urge him to maintain his efforts in respect of cargo preclearance, which could be the icing on the cake for Shannon Airport. I hope the facility will be successful. I know it will be. It will be good for the region and I am delighted it has made its passage through the House here tonight.
Deputy Thomas P. Broughan: I thank the Minister for accepting the spirit if not the letter of some of the Labour Party amendments in the Seanad and this House. We are grateful for that. Like my colleagues, I believe this legislation will be good for the country, Shannon and, in particular, the mid-west region, which has suffered quite a few blows in recent years.
An Leas-Cheann Comhairle: The Bill, which is considered to be a Dáil initiated Bill in accordance with Article 20.2.2° of the Constitution, will be sent to the Seanad.
Deputy John Perry: I thank the Leas-Cheann Comhairle for this opportunity to raise the issue of pre-recorded bilingual messages in lifts and on telephone answering systems in Leinster House and other public buildings. Before moving on to speak on the specific issue of pre-recorded bilingual messages, I am compelled to observe that the lack of any response to my letters and telephone calls over the past 22 months is disappointing.
When I first wrote to the then Minister of State at the Department of Finance, Deputy Noel Ahern, in Sept 2007, I considered that my query related to a relatively minor technical issue and not a complex policy matter with international ramifications. After several follow-up telephone calls and no response, I then wrote to the current Minister of State at the Department of Finance, Deputy Martin Mansergh, in November 2008, again without any response. A situation such as this, where a Department will not respond in a businesslike manner to a written request for information, is deeply unsatisfactory.
[354]In the case of voice annunciators in lifts, that is to say, the voice that announces going up, down, floor numbers etc., making provision for a local person to record the bilingual annunciator messages and to have them included with new lifts being installed in State buildings, is a minor technical issue. It simply means that this requirement be included in the specification of equipment to the bidders, and then giving the selected lift supplier a tape recording of the actual messages to be used on installation. Retrofitting a locally recorded bilingual message into the annunciator unit is an equally small technical issue. For many modern lifts it is simply a matter of loading the new voice messages into the annunciator chip. This would cost in the order of €200 per chip. For older lifts it might require a new micro processor card, something smaller than the size of a 20 pack of cigarettes. I am advised that this would cost up to €1,000 per lift.
New voice chips, micro processor cards and indeed hand-held programmer units to record voice messages are available commercially. I understand that such a retrofit was carried out a few years ago in Áras Mhic Dhiarmada. A competition was held among the staff to find the best bilingual voice. They then recorded the standard messages to tape, had the annunciator chip reprogrammed and reinstalled on the three lifts. There was no problem in doing it.
Recording and retro installing bilingual voiced automated telephone greetings is even simpler than for lifts. Such message recording and installation is being done every day of the week in commercial and office premises across the country. There can be no valid reason as to why Leinster House cannot carry out the same procedure.
I ask the Minister of State to initiate a survey of lift and telephone messaging in public service buildings so as to quantify the work needed to retrofit locally recorded bilingual messages. I also ask him to ensure that the requirement for locally recorded bilingual messages is included in the specification of equipment for all future enquiries for lifts and telephone systems in the public sector.
Minister of State at the Department of Finance (Deputy Martin Mansergh): It is a worthwhile objective that we have bilingual recordings, in both Irish and English, in all our new lift equipment in State buildings. The Deputy raised this issue with regard to Leinster House and I double-checked my recollection. Some lifts do not have any recordings at all in them. One certainly does and in the other one it is so faint as to be practically inaudible. The lifts in Leinster House operate on a different basis, depending on where they are located.
I have instructed the relevant officials to ensure that the standard specifications for lift equipment include such a requirement. I am assured that every reasonable step will be made to ensure that all new lifts will be fitted in this way. Similarly in the case of telephone answering equipment, the same thing is highly desirable. This is an issue for each Department and Government organisation. In the case of the Office of Public Works, every reasonable effort will be made to have this arrangement put in place.
The Office of Public Works procures or acquires buildings in a variety of ways, and in many cases this is well after the installation work is complete. Much of the building portfolio is rented and in these circumstances it is not always practical to manage immediately to have such facilities as the Deputy requests. The emphasis up to now has been on the safety and operational aspects of buildings. The Deputy will understand that in dealing with builders and contractors nearing the end of a project there are many pressures on all sides to reach an acceptable level of completion. In such circumstances and with the resources reasonably available, it is not always possible to attain perfection. Some things, which might be considered serviceable but [355]not entirely ideal, have been accepted. It has been the experience of the Office of Public Works that, even where money has been withheld, it has not always been possible to have changes or corrections made at the last minute.
In previous correspondence, the Deputy referred to Áras Mhic Dhiarmada as an example, where a local voice, both in Irish and English, was used in the enunciators in the lifts. The Office of Public Works arranged for the lift refurbishment works to be carried out as part of a lift replacement programme. In that case there was a competition among the staff to find the best enunciation and this was then used for the lifts. The Deputy will appreciate that the term “local accent” in a pluralist and indeed multicultural Ireland is somewhat more problematic than it might have seemed in the past and that conditions laid down have to be consistent with equality requirements. We find on trains these days that eastern European accents have become local accents.
It is estimated that there are 400 to 500 lifts approximately in buildings for which OPW is responsible across the country. I am advised that it is not considered practicable that there would now be a programme of work to revisit each site and retrofit either a new announcement in the existing equipment, or replace the enunciator equipment as might be required. The cost of this, even by the Deputy’s own estimates, would be at least €100,000. In reality, the total cost would be well in excess of this, when management and processing costs are taken into account.
It is reasonable that the specification for all new installations will require a bilingual message in enunciators in lifts. I would like to assure the Deputy that the OPW will ensure that all reasonable steps will be taken so that this will be done. Also, particular emphasis will be given to ensuring compliance with this, when buildings are being handed over on completion of the works. It is hoped also that other organisations in the State will follow suit.
Deputy Lucinda Creighton: I am grateful to the Leas-Cheann Comhairle for affording me the opportunity to raise this issue and I am glad the Minister of State, Deputy Mansergh is present.
This is a very important issue. I am proposing that part of the public green open space at Iveagh Gardens that are under the auspices of the OPW be made available for some sporting facilities for young children in the area. As the Minister of State is aware, the Iveagh Gardens are located just off St. Stephen’s Green in the heart of the city centre. The demography of this area has changed dramatically since the 1986 census. The population of the inner city of Dublin has increased by more than 40% in the last 20 years or so, and we have seen a radical change from what was predominantly bed-sits and flats to a significant increase in the number of family homes. There are many young families and we have been actively encouraging sustainable living in the inner city. In addition, there is a significant amount of local authority housing in the area, with many young families and young children.
One of the difficulties associated with sustainable living in the inner city is the lack of recreational and sporting facilities for children. Efforts have been made, particularly with regard to the provision of playgrounds for young children, which I appreciate. However, matters are more problematic when it comes to the needs of older children. As the Minister is aware, the Iveagh Gardens are of major historical and cultural interest in the city. They are a hidden treasure where people go for walks, lunch and so on, and it is a wonderful facility and a great amenity.
[356]It was envisaged that the Iveagh Gardens would be more than just a location for shrubbery and for people to sit and have picnics. The original use included tennis courts and facilities for bowling and so on. It would be appropriate to try to enhance the amenity and make it available for children so they can play there. I am aware of children living in the vicinity of the Iveagh Gardens having been ejected for kicking around a football, so why not make a part of the Iveagh Gardens available for that purpose and allow children to play there legitimately?
We have a serious lack of sporting facilities and amenities for children. This is an ideal location and an opportunity which, with a little lateral thinking, could be used to provide facilities for them. The Minister is aware that the Iveagh Gardens have been made available for commercial events such as the Taste of Dublin and there was a burlesque show there last summer. Those uses do not necessarily fulfil the cultural criteria. It would be an honourable thing to do for the needs of younger people.
The health aspect is important. We are constantly talking about our concerns about obesity in children and the need for them to engage in sports and live a healthier lifestyle, but it is very difficult for children living in the inner city because the opportunities are not there. This would provide such an opportunity. There are many deprived and disadvantaged children in the inner city area who, unfortunately, as the Minister knows, often end up resorting to drugs and other unpalatable ways of life because of a lack of diversions at a younger stage. Let us do something positive and constructive and try to provide sporting facilities for those children.
Deputy Martin Mansergh: The Iveagh Gardens are among the finest and least known of Dublin’s heritage parks and gardens. Designed by the landscape architect Ninian Niven in 1865, the gardens demonstrate the artistic skills of landscape architecture of the mid-19th century. The gardens, only six hectares, 15 acres, in extent were landscaped as part of the Dublin International Exhibition of 1865. One of the objectives of Ninian Niven seems to have been to demonstrate the skills of the landscape architect, and this explains why such a wide variety of landscape features were incorporated into such a relatively small area.
The Dublin Exhibition Palace and Winter Garden Company was established as an institution to “afford to the people of Dublin and its neighbourhood national amusement, blended with instruction”. As well as the gardens, a winter garden, a glass building, was constructed for “exotic” and “choice plants”, horticultural exhibitions and musicals. A concert hall and exhibition areas were also constructed. As we know, the modern Iveagh Gardens are very close to the National Concert Hall which will shortly undergo extensive expansion.
The gardens display a unique collection of landscape features which include rustic grottos and cascade, sunken formal panels of lawn with fountain centrepieces, maze, rosarium and archery grounds. The conservation and restoration programme of the gardens by the Office of Public Works commenced in 1995. The cascade and exotic tree ferns all help to create a sense of wonder in this “secret garden”.
The beautiful surrounds of the Iveagh Gardens have been host to a number of events including a series of concerts and family events held in association with the National Concert Hall and Bud Light Revue, a modern comedy carnival presented by Aiken Promotions, and on a recent weekend the Taste of Dublin festival, at which I met a former leader of Deputy Creighton’s party, Dr. Garret FitzGerald, and his daughter, Mary.
It seems to have been a feature of these gardens over their history that they periodically fell into disrepair. In a previous incarnation as Coburg Gardens, they were described as “uneven, [357]trampled and anti-picturesque” when purchased by Benjamin Lee Guinness from the Earl of Clonmel in 1862. It could be argued that another period of benign neglect characterised their stewardship by University College, Dublin, while the main campus of that body was located at Earlsfort Terrace. In 1991, because of their heritage value, the gardens were placed under the stewardship of the OPW, whose brief was their restoration and conservation, while allowing greater public access.
The OPW brief was under six distinct headings: to conserve and restore a unique city centre park, which has remained largely unaltered since its layout by the landscape architect Ninian Niven; to improve public accessibility by constructing a new entrance from Hatch Street; to focus attention on one of Ireland’s most influential landscape architects and horticulturists, Ninian Niven, by conserving one of his few surviving landscape creations; to conserve the internal and perimeter vegetation to screen out adjacent office blocks and buildings; to highlight the large range of landscape features for public enjoyment and landscape appreciation; and to restore these gardens creating a major tourist attraction offering a unique landscape not available in other city parks and gardens in Dublin.
While the restoration programme is now substantially complete, this oasis of calm and tranquillity remains submerged in, but largely unaffected by, the busy hubbub of the city centre. While the comprehensive conservation and restoration works programme undertaken in recent years has, in enhancing the beauty of the site, undoubtedly raised its public profile, it had nevertheless retained its original secluded atmosphere. I used to work in Iveagh House and one or two of the windows may have overlooked the Iveagh Gardens in the distance, but having worked in Dublin for 20 or 25 years I only entered the gardens for the first time in the past eight years. I say that to my shame, not to my credit. I have been there a number of times since but it reinforces the point that many people do not know about them.
While the Iveagh Gardens were never designed for or envisaged as a venue for anything other than passive recreation, in recent years the OPW has come under pressure to make them available for large-scale public events. Their proximity to the National Concert Hall makes them a natural venue for promenade concerts and open-air theatrical performances. They have also seen the public display of artworks, all complementary to the OPW’s stated goal of making them more accessible to the public for compatible purposes. They have also been used to host events such as a comedy festival and the Taste of Dublin food fair, as I mentioned, which involves limiting public access to a large part of the gardens for the duration of these events, usually for a period not exceeding a few days.
These events can have an effect on the physical infrastructure of the gardens, which has to be managed. The water table is very high underneath the gardens, particularly at the archery grounds, and prolonged heavy use of this area leads to damage to the grass. The Iveagh Gardens are a very small site and full of historic landscape features. They are, on a smaller scale, in the same category as St. Stephen’s Green and Merrion Square, and I am not aware of suggestions that part of either of them should be turned into a football pitch. Recreational facilities for young people in suitable locations close to where they live and in their schools is very important, but care is also needed not to lose for good the character of an important, if partially hidden, piece of the city’s heritage.
Deputy Martin Ferris: I thank the Leas-Cheann Comhairle for this opportunity to raise this matter which relates to problems facing Caher outside Abbeyfeale, County Limerick, on which [358]Deputy Deenihan, other elected representatives and I met with local people last night. I had previously met with the people from the area and this was a follow-up meeting to it. What has been happening there for the past 12 months in particular is nothing short of blatant intimidation and involves threats, abuse and criminal damage against a rural community that has never known anything like this in its lifetime. An indication of how bad the situation has become there is that there have been 47 reported incidents in the area in the past 12 months, whereas in the previous year there were three. This has come about because a criminal family has moved into the area and has been living there for more than 14 months. During that period houses and cars have been burnt, windows have been smashed, and people have been verbally abused and threatened blatantly and openly. As a result, people are afraid to confront these people or to make statements to the Garda. There is also the knock-on effect of the suspicion that may or may not be true that this criminal family is associated with one of the criminal drug gangs in Limerick city. That fear is palpable among the residents in the area.
The local superintendent, who was also present last night, confirmed everything that we were told regarding the number of incidents reported. He confirmed the increase in the Garda presence in the area was such that gardaí had been taken from another area in order to try to deal with this issue.
Two members of this family who are of school-going age apparently have not attended school. One of them has been barred from his own house. There is no parental control or accountability and there is no indication that this is about to come about. As was evident from last night’s meeting we need a multiagency approach to deal with the problem. I hope the Minister of State and the Minister for Justice, Equality and Law Reform will deal with the matter forthwith.
Deputy Jimmy Deenihan: Like Deputy Ferris, I attended a meeting of residents, mostly from the townlands of Caherconnell, Caherhayes, Caherleen and Meenkilla, at the Fr. Casey’s GAA club in Abbeyfeale yesterday evening. The residents expressed serious concern about the increasing level of crime in their community. Over the past eight months or so, 47 incidents emanating from this community have been reported to the Garda in Abbeyfeale. This spiralling wave of crime has coincided with the arrival of a family from another part of Limerick to the area. Prior to this family taking up residence in Caherconnell, there were very few if any incidents recorded for this neighbourhood. In the Abbeyfeale Garda district, headline crime has increased from approximately 70 incidents to 120 or almost 60% over the past year.
It was obvious that the people who were at the meeting are living in fear and are terrorised by the activity of this family. Many people either purchased or built houses in the area because of its tranquillity and picturesque and idyllic landscape. They saw it as an ideal and safe environment in which to raise their children with Meenkilla national school in the heart of the community. There are a number of elderly people living on their own in the area. They are prisoners in their own homes and are afraid to even open the door or leave their homes for any length of time in case that they would be burgled or, as happened recently, subject to arson attacks. Two houses and two cars have been subjected to such attacks in recent times.
The residents are most complimentary of the local gardaí in Abbeyfeale, who have been responsive at all times to callouts. However, they simply do not have enough manpower to police their area, never mind deal with this particular problem. The Abbeyfeale district has lost five permanent gardaí over the past year. Four gardaí in Abbeyfeale have retired and have not been permanently replaced, as has one in Tournafulla. Extra manpower has been provided [359]on occasions, but this is not the same as having a permanent presence to monitor and police the perpetrators of this reign of terror on decent law-abiding people.
I am appealing to the Minister to fill these vacancies immediately so that order can be restored in this community and that people can live in peace and be afforded the protection they deserve from this family. I feel that the Criminal Assets Bureau, the Department of Social and Family Affairs and the Department of Education and Science have a role to play in ensuring that the law of the land is enforced in this case. Unless this problem is faced up to and resolved, other communities in west Limerick and north Kerry will be similarly affected.
There was complete agreement at the meeting between residents, politicians and the local superintendent that this problem must be faced up to now and cannot be allowed to escalate.
Deputy Martin Mansergh: I thank the Deputies for raising this matter of public duty on the Adjournment. The Minister for Justice, Equality and Law Reform is unable to be present owing to other business, but I assure the Deputies that the Minister shares their concern about incidents of anti-social behaviour in the Abbeyfeale area and is conscious of how distressing such incidents are for the local community. The Minister has been informed by the Garda authorities that they are aware of difficulties being experienced by residents in the area. While certain crime categories, such as burglary, criminal damage and theft-related offence, show an increase recently, overall crime in the Newcastle West Garda district has reduced by 9% over the same period.
Investigations into several criminal incidents in the area have resulted in criminal proceedings being commenced against a number of persons, with three persons currently before the courts for a range of offences, including a number of incidents of arson. Other incidents currently under investigation include threats to witnesses and members of the Garda Síochána. Local Garda management has reallocated personnel within the Limerick division, with additional personnel allocated to Newcastle West district. The situation will continue to be closely monitored. Furthermore, the local superintendent has held meetings with local residents and public representatives to discuss issues of concern to them, most recently yesterday as the Deputies mentioned.
The number of attested gardaí has increased significantly in recent years, from 11,895 at the end of 2002, to 13,755 at the end of 2007 and to 14,478 in the most recent figures — an increase of 22% since 2002. Even in this year of budgetary constraints, the Minister expects some 900 gardaí to be attested. The most recent figures show that the personnel strength of the Limerick Garda division is 644, the strength of the Newcastle West Garda district is 45, and there are seven members based in Abbeyfeale. In addition, divisional resources are further augmented where necessary by a number of Garda national units such as the Garda traffic unit, the Garda national drugs unit, the Garda National Immigration Bureau and the Criminal Assets Bureau.
The Minister and the Garda Síochána are aware of the harm and distress anti-social behaviour causes communities. The Garda policing plan for 2009 reflects the priorities set for the force by the Minister and contains a series of measures aimed at reducing the impact of crime and criminal behaviour. One of the strategic goals identified in the plan is to reduce significantly the incidence of public disorder and anti-social behaviour in communities.
Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice Act 2006 brought into force additional legislation to target public disorder and anti-social behaviour. In January 2007 behaviour warnings and civil orders were introduced for adults, [360]and in March 2007 behaviour warnings, good behaviour contracts and behaviour orders were introduced for children.
The Intoxicating Liquor Act 2008 increased the powers available to the Garda to tackle the misuse of alcohol. The Act places restrictions on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse. Gardaí may seize any bottle or container from a person under the age of 18, and which a garda suspects contains alcohol to be consumed by a person under 18 in a public place. They may also seize bottles or containers containing alcohol where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner. The Act also allows for the issue of fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place, which are offences under the Criminal Justice (Public Order) Act 1994.
I assure the House that both the Minister and the Garda authorities will continue to attach the highest priority to tackling anti-social behaviour, and the legislative provisions dealing with anti-social behaviour are kept under continuing review by the Department of Justice, Equality and Law Reform.
Deputy Kathleen Lynch: I wish to share time with Deputy Stanton.
An Leas-Cheann Comhairle: Very good.
Deputy Kathleen Lynch: For almost a month the country has been rightly convulsed following the publication of the report of the Commission to Inquire into Child Abuse.
I have never at any time in my life heard so many guarantees that from now on we will treat all of the children of our nation equally, that we will respect them and that what happened will never happen again, and rightly so. However, those words ring very hollow when one considers what will happen in this country from September next.
Since January 2007 the Department of Education and Science has laid down four criteria in regard to eligibility for the home education grant. Home education grants are given to the parents of preschool children who are in need of education to ready them for primary school, usually children two and a half to five years old, most of whom are autistic and must be taught how to learn. They are children who, for instance, need to be taught how to manage their behaviour, communication skills — most of them are non-verbal — self management and social and play skills, all of which we, who do not have such difficulties, take for granted. They must be taught toileting and hygiene skills, cognitive and sensory skills, all of which must be learned to ensure when they go to primary school they are capable of integrating into mainstream education.
Under the new criteria for home tuition grants, which will change from September next, parents will have to seek a qualified teacher to teach their child. A qualified teacher in this respect means a primary or secondary teacher, people with H.dip qualifications who do not have the skill sets to teach these children. If they do, why then do primary schools continue to seek the assistance of organisations dealing with children with autism? Primary school teachers do not have the required skill sets to teach these children. We have been through all of this before. That argument was made a long time ago when the new criteria was introduced and is being made again now. I believe that the reason for this change is the Minister’s desire to have [361]more qualified teachers employed in this area. I ask the unions not to co-operate with this. These teachers are not the people we need to prepare these children for mainstream primary education.
If the words we have been hearing for the past month in regard to the children of our nation are to mean anything, surely the parents who have fought long and hard for these limited rights for their children should continue to receive them.
Deputy David Stanton: I thank Deputy Lynch for allowing me to support the case she is making here this evening. I believe this decision was made centrally. The impact of this decision will be that tutors, who in some cases have up to eight or nine years’ experience dealing with children with special needs and autism, who have studied and gained qualifications in early childhood studies and working with children with ABA but who do not have a B.Ed or primary education certification will be told their training and experience is no longer relevant in this area. They are to be told that from September next they will not be allowed to carry on the work they have been doing.
I ask the Minister to reconsider this decision. It is important these people, who have training and experience in this area, are allowed to carry on the work they have been doing. The parents want them to continue with their work and are happy with them. As Deputy Lynch stated, primary school teachers are also happy to receive these children into primary school at the age of 5 or 6 years having gone through this early preschool special education system with people who are trained, experienced and passionate about what they are doing.
The Minister is saying that only a person with a qualification as a primary teacher can do this work. I contend that is not possible. It is false, dangerous and damaging to these children. I ask the Minister to reconsider this decision.
Deputy Martin Mansergh: I am taking this Adjournment matter on behalf of my colleague, the Minister for Education and Science, Deputy Batt O’Keeffe.
I thank the Deputies for raising this matter as it provides me with the opportunity to clarify the position in relation to the criteria for eligibility under the terms of the home tuition scheme. In particular, I wish to clarify that no changes have been made to the criteria for eligibility for home tuition.
As the Deputies will be aware, the home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and to provide early educational intervention for preschool children with autism.
Home tuition is available for children who cannot attend school or are absent for a significant proportion of the school year and where the degree of absence is such that without supplemental instruction the pupil is unlikely to be able to perform academically at the level appropriate to his-her level of ability. Eligibility in this regard is determined by reference to a completed medical report from a relevant professional and attendance records supplied by the school in which the pupil is enrolled.
Home tuition is also available for children with special educational needs awaiting an appropriate educational placement, as an interim measure and for children aged——
Deputy Kathleen Lynch: Surely there must be some indication in the reply of what the debate is about.
[362]Deputy David Stanton: There is none.
Deputy Kathleen Lynch: There is none at all. I have heard Ministers ramble a little but nothing in the reply relates to the question asked. Surely, the Minister——
An Leas-Cheann Comhairle: The Minister of State is entitled to give whatever response he determines appropriate.
Deputy Kathleen Lynch: ——for shame sake——
Deputy Martin Mansergh: Home tuition is also available for children with special educational needs awaiting an appropriate education placement as an interim measure and for children aged two and a half to five years who have been assessed under the Disability Act by the HSE as having autistic spectrum disorder, thus requiring early educational intervention. Eligibility for home tuition is determined in consultation with the National Council for Special Education which must confirm that there is no educational placement available.
I hope this clarifies the position for the Deputies whom I thank once again for raising the matter.
Deputy Kathleen Lynch: The Minister of State knows the reply does not clarify the matter.
The Dáil adjourned at 11.10 p.m. until 10.30 a.m. on Wednesday, 1 July 2009.
———————— The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised]. ————————Questions Nos. 1 and 2 answered orally.
Questions Nos. 3 to 24, inclusive, resubmitted.
Questions Nos. 25 to 32, inclusive, answered orally.
33. Deputy Noel J. Coonan asked the Minister for Agriculture, Fisheries and Food if he will introduce policy measures on foot of the recently published report of the Joint Committee on Agriculture, Fisheries and Food on the contamination of Irish pork products; and if he will make a statement on the matter. [25982/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): As I advised the Joint Oireachtas Committee I established a Review Group, chaired by Dr. Patrick Wall, to make recommendations on whatever adjustment of controls or other measures are necessary in the light of the experience gained during the dioxin contamination incident. The work of the Group is ongoing and it will report both the Minister for Health and Children and myself. The Group is considering the report and recommendations of the Joint Oireachtas committee which it received on 26 May 2009 as well as a range of submissions from interested parties. In the meantime my Department, in accordance with risk assessment practice, has amended the 2009 animal feed Inspection Programme to:
(i) afford the drying of feed and grain drying operators a higher risk category
(ii) place greater emphasis on the checking of HACCP plans of the Feed Business Operators
(ii) remind operators involved in the drying of grain and feed that only gas in particular fuels (diesel & kerosene) can be used for such drying.
The Department has also reminded feed business operators of their obligation, under the Hygiene Regulations, to take all steps necessary to ensure the safety of the feed chain.
34. Deputy Joe Costello asked the Minister for Agriculture, Fisheries and Food the efforts that are being made to integrate forestry with other farming activities in view of the contribution and involvement forestry can make to a farmer’s income; and if he will make a statement on the matter. [26050/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Forestry premiums were introduced with a view to encouraging farmers to plant new forests. Over 90% of all afforestation undertaken in recent years was by farmers with forestry regarded as an important and viable alternative land use option. For these farmers it is an integral part of their farming activity and a very important source of additional income. In 2008, 11,500 farmers received payments totalling almost €70 million from forestry premiums alone.
My Department introduced the Forest Environment Protection Scheme (FEPS) in 2007. It is aimed at further enhancing the integration of forestry with other farming activities, specifically for farmers participating in REPS. The FEPS measure is aimed at encouraging REPS farmers to create new on-farm woodlands. This not alone helps to protect wildlife habitats and contribute to enhancing and protecting the environment, but also makes a valuable contribution to farm incomes. A total of 204 farmers who participated in FEPs in 2008 received payments in excess of €2 million.
The Government remains committed to the maintenance of an active afforestation programme and would encourage farmers to seriously consider the financial and other contributions forestry can make to their farming enterprises.
35. Deputy Bernard Allen asked the Minister for Agriculture, Fisheries and Food the measures he has introduced to facilitate the development of the aquaculture sector; and if he will make a statement on the matter. [25959/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Government policy in relation to the development of the aquaculture industry is set out in the Cawley Strategy — Steering A New Course, Strategy for a Restructured, Sustainable and Profitable Irish Seafood Industry 2007 — 2013. The Strategy sees a much bigger role for aquaculture in meeting the increasing demands for seafood and on this basis includes a range of recommendations to promote the development of this sector over the coming period including a significant capital support programme to encourage industry development.
The National Seafood Development Operational Programme 2007-2013, which provides for grant aid support to develop the aquaculture industry, was advertised for public consultation in October 2008. Following this consultation process issues were raised by the Department of Environment, Heritage and Local Government and the Department of Communications, Energy and Natural Resources on behalf of CFB (Central Fisheries Board) regarding the grant-aiding of projects where environmental issues arise relating to compliance with the EU Birds and Habitats Directives and sea lice control on salmon farms.
This Department with its agencies working with the Department of Environment, Heritage and Local Government developed a plan to deliver compliance with the EU Birds and Habitat Directives for wild fisheries and aquaculture over a determined timeframe. This plan was submitted to DG Environment for consideration.
A meeting between this Department, the Department of Environment, Heritage and Local Government and Agencies and DG Environment took place in Brussels on 13 May 2009 to discuss the plan with a view to securing DG Environment’s support for the approach set down in the plan.
[365]DG Environment advised that it was, in principle, favourably disposed towards Ireland’s plan subject to a positive response to the issues raised and further clarifications from the Irish authorities on the details of the plan. Additional material has now been forwarded to DG Environment where it is being examined. When these matters have been satisfactorily addressed, DG Environment expects to be in a position to formally respond on the plan at an early date.
A meeting at Ministerial level was held last week between my Department and the Department of Communications, Energy and Natural Resources. Minister Killeen advised on the significant progress made in relation to managing sea lice levels on salmon farms and the concerns of the Fishery Boards were also set down. I am hopeful that there is a better understanding of the issues involved from both Department’s perspectives and that on this basis we can find a satisfactory resolution to the concerns raised.
It is noteworthy that the delay in the launch of the National Seafood Development OP has not held up grant aiding aquaculture developments in 2009 as the European Commission have agreed to the continuation of grant aid under the 2000-06 OP until 30 June 2009. A provision of €5m has been made for aquaculture development in the Agriculture Vote for 2009 and I have approved the spending of €4.5m of this for aquaculture projects in both the BMW and S&E regions under the 2000-06 OP which will assist the continued operation of aquaculture projects in these areas and the employment that they support.
36. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food if, in closing the installation aid scheme, Ireland has forfeited the EU contribution to this scheme; and if he will make a statement on the matter. [26031/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Against the background of the deterioration in public finances, my approach in preparing the 2009 Estimates for my Department was to focus available resources on the measures that would permit us to maintain and grow the productive capacity of the agri-food sector. Because I had chosen to protect expenditure in certain areas, expenditure in other areas, such as installation aid for young farmers, had to be curtailed and the Young Farmers’ Installation Scheme was suspended for new applications on 14 October 2008.
To date there has been sufficient overall eligible expenditure under the Rural Development Programme to allow full draw down of available EU funds. There are ongoing commitments under the Young Farmers Installation Scheme which will continue to draw down these funds. I intend that any balance remaining relating to this Scheme will be drawn down by appropriate eligible expenditure over the lifetime of the Programme.
I have made provision of €9.7m for 2009 to meet current commitments under the Young Farmers’ Installation Scheme and the preceding equivalent Schemes.
37. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food if he has established a review group on traceability systems at all meat processing plants; and if he will make a statement on the matter. [25972/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Regulation (EC) No. 178 of 2002, which sets out the general principles and requirements of EU food law, stipulates among other things that food business operators at all stages of production, processing and distribution within the businesses under their control must ensure that foods satisfy the requirements of food law. Specifically in regard to traceability the regulations require that the operator [366]must have systems in place to be able to identify any person from whom they have been supplied with a food. They must also have a system in place to identify the other businesses to which their product has been supplied. In other words a food business operator at each and every stage in the food chain must be able to identify the source of its inputs as well as having details of the first recipient of its output. This is commonly referred to as the “one step forward one step backward” traceability system.
I am satisfied that the meat sector generally is meeting the traceability standards required under this legislation. Nevertheless following the dioxin contamination incident my Department, in conjunction with industry, is continuing to examine the potential to improve traceability at processing level.
I also established a Review Group (chaired by Dr. Patrick Wall) to carry out a comprehensive review of the dioxin contamination incident. This Group will make recommendations on whatever adjustments of controls are necessary in the light of the experience gained in dealing with this incident. I expect that this group will cover the issue of traceability in its deliberations.
38. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food his views on the fact that farm incomes fell by 11.8% in 2008; his plans to introduce policy measures to sustain employment in the sector; and if he will make a statement on the matter. [25989/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The CSO’s final estimate for Output, Input and Income in Agriculture for 2008 shows that operating surplus in agriculture declined by 11.8% in 2008. This follows an increase of 12.5% in 2007, which was brought about by higher output prices, particularly on dairy and cereal markets. While these high commodity prices were maintained into the early part of 2008, there was a decline in the latter part of 2008, which was deepened by the fiscal and economic crisis. The livestock sector, notably cattle and pigs, did benefit from higher output prices during 2008 and an overall gain in output value for the year. Most of the reduction in operating surplus in 2008 can be attributed to the sharp rise in input costs. Intermediate consumption increased by €458 million or 11.3% primarily due to higher feedingstuffs, fertiliser and energy costs.
There is no doubt that certain parts of the industry are facing significant challenges again this year, however, some reduction in input prices should help to soften the impact of these difficulties. For the medium term outlook the European Commission forecast a gradual recovery aided by growth in global food demand due to population increase and also a longer-term decline in the growth of food-crop productivity. With this in mind preparatory work has begun on a new development plan for the agri-food sector for the period to 2020. It will focus on the critical issues of competitiveness, the challenges from the global economic downturn, currency fluctuations, climate change and how best to maximise the opportunities arising from a growing international food and energy crop markets.
I must state on a positive note that the agriculture and food sector has the innate capacity to help lead the economic recovery in the years ahead. Regardless of the economic difficulties that Ireland currently faces, there is no doubt that this country is fully capable of producing and exporting high quality food and drink products. Despite the challenging market, currency fluctuations and turbulent export environment, Bord Bia estimate that food and beverage exports have declined only marginally in 2008 and in that year were worth around €8.2 billion. Their short to medium term estimates for the sector remain reasonably positive and I believe that this indigenous industry has the potential to boost export returns and approach €10 billion in annual export revenues by 2011.
[367]Beef exports, which are so important, bucked the overall negative trend in 2008 and performed very strongly last year, rising by more than 7% to €1.7 billion with tighter Irish cattle supplies combining with a significant fall in EU beef imports from South America to provide a more positive market environment for Irish beef in key markets. The medium term view is that Irish beef producers have the opportunity to maintain their competitive advantage and consolidate their position on the high value EU markets. As I stated previously, the EU medium term outlook for agricultural commodities is for a gradual recovery supported by growth in global demand and population. These are factors that can work to the advantage of Ireland and will act to underpin employment and the industry.
39. Deputy Eamon Gilmore asked the Minister for Agriculture, Fisheries and Food if he is assisting farming groups with regard to the establishment of advice clinics for farming families currently under financial pressure; and if he will make a statement on the matter. [26051/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I fully understand that the current economic climate represents a particularly difficult time for farmers. Farmers are already in a cyclical business and that situation has been compounded by the current international and domestic downturn and low prices for certain commodities. Assistance is provided to farmers in a number of ways and by a number of different agencies and Departments.
Advisory services to farmers are primarily offered through Teagasc. These services help farmers improve efficiency and reduce costs through applying the latest results from the Teagasc research programme. Teagasc has some 500 advisers and specialists, located at over 80 centres throughout Ireland. The advisory service is divided into four particular programme areas, namely: Business and Technology, Good Farm Practice, Rural Development and Adult Training. Teagasc are in contact with some 80,000 farmers and rural dwellers each year, of whom approximately 45,000 avail of an intensive on-farm consultancy service.
With regard to those in the farming sector directly experiencing financial difficulties, there are a number of targeted schemes, which offer assistance. The Farm Assist is a means tested scheme aimed at low-income farm families, which is administered by the Department of Social and Family Affairs. At the end of May 2009, there were approximately 7,831 participants on the scheme, an increase of 6.3% on the previous year. The Rural Social Scheme (RSS) was launched in May 2004 to provide an income supplement to low income farmers and fisher persons while at the same time harnessing their skills for the benefit of rural communities. The scheme requires participants to work 19.5 hours per week and is administered in a farmer/fisher friendly manner allowing participants to work flexible hours.
Despite the downturn in our economy the Irish Government’s commitment to the farming sector remains strong. In the Supplementary Estimate for 2009, €1,985 million was provided for my Department. The Government continues to support the farming sector and farming families to the fullest extent possible. In 2009, total public expenditure will amount to over €3.3 billion when the Department’s Vote is combined with EU funding of €1.4 billion. The most recent National Farm Survey data from Teagasc indicates that average Family Farm income was just short of €19,700, with 84% of that net total accounted for through various direct payments demonstrating my Department’s commitment to providing an income platform for farmers.
40. Deputy Brian Hayes asked the Minister for Agriculture, Fisheries and Food if discussions between himself and the Department of the Environment, Heritage and Local Government [368]have concluded with regard to inspection arrangements for the Nitrates Directive Regulations recently published; and if he will make a statement on the matter. [26003/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Inspections to meet the requirements of the Nitrates Regulations are undertaken by my Department. The Department’s inspectors currently undertake all on-farm cross-compliance inspections, including checks for compliance with the Nitrates Regulations and have considerable expertise in this area.
On-farm inspections are also required under the EU Water Framework Directive which is the responsibility of the Department of the Environment, Heritage and Local Government.
In my statement on 24 April 2009, I indicated my objective to ensure that the duplication of on-farm inspections is avoided for practical reasons, to minimise costs and to simplify the inspection arrangements from the farmer’s perspective. Discussions are ongoing between officials of my Department and the Department of the Environment, Heritage and Local Government with a view to finalising, as soon as possible, the necessary arrangements in relation to on-farm inspections.
41. Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food the benefits of brucellosis free status for farmers here; and if he will make a statement on the matter. [25952/09]
65. Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food when he expects that Ireland’s application for brucellosis free status will be approved; and if he will make a statement on the matter. [25951/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 41 and 65 together.
My Department applied to the European Commission on 31 March last for formal recognition of Officially Brucellosis Free status (OBF) for Ireland. The EU Standing Committee on the Food Chain and Animal Health is due to meet to-day and tomorrow and a draft Commission decision on this matter is expected to be presented. If adopted it will then be necessary for the Commission services to make the necessary arrangements to give the decision legal effect and for its publication in the Official Journal.
There are considerable benefits to being brucellosis free, not least in relation to public health and the alleviation of distress to farmers whose herds are affected, and the possibility of relaxed controls. I intend to decide on the action to take on this once the status has been achieved.
42. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the progress made in relation to the processing of aquaculture licences; and if he will make a statement on the matter. [25965/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Aquaculture licensing is governed by the terms and conditions of the Fisheries (Amendment) Act, 1997, as amended, and Regulations made thereunder, including, in particular, the Aquaculture (Licence Application) Regulations 1998, S.I. No. 236 of 1998. Other Regulations made under the European Communities Act 1972, as amended, also govern other aspects of aquaculture.
In considering an application for an aquaculture licence the licensing authority must consider:
[369]the potential impacts on safety and navigation,
the ecological impacts on wild fisheries, natural habitats, flora and fauna,
the suitability of the waters,
the other beneficial uses of the place or waters,
the likely effects on the economy of the area, and
the statutory status under European legal frameworks of the area under application.
This process involves consultation with a range of scientific and technical advisers as well as various statutory consultees. Applications are also subject to public consultation whereby any interested person or body may make submissions or observations on any licence application. The process also involves publication of Ministerial decisions on applications and allowing a one month period for appeal of any decision. Any such appeal must then be considered by the independent Aquaculture Licences Appeals Board.
In the course of assessing applications for aquaculture licences a number of complexities have arisen due to the Natura 2000 status of many areas. In this regard my Department, together with the National Parks and Wildlife Service, is currently in the process of finalising, with the EU Commission, a plan to deliver compliance of aquaculture activities in Natura 2000 sites with the EU Birds and Habitat Directives. This plan is designed to provide for the continued operation of existing activities while at the same time undertaking a comprehensive data collection programme that will enable all new and renewal applications to be appropriately assessed for the purpose of ensuring compliance with these Directives.
The timeframe for reaching a determination in respect of applications will vary depending on location, species, scale and intensity of production, culture method, statutory status of sites, potential visual impact, access route and frequency of access to sites, other activities in the area etc. This does not include consideration of any submissions or observations raised during the public consultation period.
Every effort is being made by my Department to expedite the determination of all outstanding cases having regard to the complexities of each case and the need to comply fully with all relevant national and EU legislation.
43. Deputy Michael Noonan asked the Minister for Agriculture, Fisheries and Food his plans to support or grant aid the small primary or secondary meat processing sector in 2009; and if he will make a statement on the matter. [26024/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): A grant aid scheme for the small meat sector, which includes small slaughterhouses and low throughput meat establishments, culminated in my Department awarding a total of €7.8m in grant assistance to 31 enterprises in December 2008. This grant aid is expected to contribute to an actual investment on projects in excess of €25 million. Details are set out below.
A substantial number of the investments have commenced and are proceeding satisfactorily. Interim and final grant claims will be processed in 2009 in respect of those projects with at least 50% of the works completed. The awards will assist the meat businesses to improve efficiency, add quality and value to products, produce new and innovative products and develop new markets.
44. Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food when the [371]remaining 25% payment will be awarded under REP scheme four; and if he will make a statement on the matter. [26058/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I expect that the remaining 25% payment will issue within weeks to those farmers who have already received their first payment of 75% in respect of REPS 4 applications lodged in 2007 and 2008.
45. Deputy Jan O’Sullivan asked the Minister for Agriculture, Fisheries and Food the number of 2007 and 2008 REP scheme four plans which were rejected before 15 May 2009; and if he will make a statement on the matter. [26065/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My officials have rejected 237 of the applications for REPS 4 received in the period concerned. The applicants concerned have the right to appeal to the Agriculture Appeals Office and I understand that a number of them have already done so.
46. Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food the benefit for the beef and sheep meat processing industry here arising from his recent investment announcement; and if he will make a statement on the matter. [25955/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under the Beef and Sheepmeat Investment Fund, grant assistance of over €69 million was recently announced in respect of 15 investment projects. The awards, which are part of a strategy to position the industry to face the challenges and grasp the opportunities that lie ahead, will contribute to total investment in the region of €168 million.
The objective of the Fund is to support investment to increase scale and efficiency in primary processing, and added value in further processing for retail, food service and manufacturing outlets. No overall increase in processing capacity within the sector is envisaged. The individual investments supported by the Fund will have a range of impacts on sales and employment. The expected overall net impact of this multi-annual programme of investment is to achieve over €400 million in additional sales and exports and a net expansion of 800 in employment following completion of the package of investments in 2012.
47. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food his plan to attract new entrants to dairying; and if he will make a statement on the matter. [26067/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I announced details of the Scheme for the Allocation of Milk Quota to New Entrants on 10 June 2009. Since then in excess of 80 application forms have been issued to individuals who have expressed an interest in the scheme though no completed applications have, as yet, been returned to the Department. As the closing date is 31 July 2009, I expect that the majority of applications will arrive nearer that date.
The eligibility criteria for the scheme require that each applicant must:
satisfy certain education and training qualifications;
have no milk quota, nor have been a producer previously;
have a holding comprised of lands owned and/or leased;
[372]have a separate independent herd number in which the dairy animals will be registered; and
have separate milking and milk storage facilities;
The applicant must also submit a five year business plan.
The closing date for applications is 31 July 2009, and it is expected that the assessment group will meet to consider applications in the week beginning 31 August 2009. The assessment of applications will be carried out by a group chaired by John Tyrrell, ICOS. New Entrants who acquire quota under this scheme will be required to commence milk production by 1 April 2011.
In addition to this new scheme, the Milk Quota Trading Scheme offers new entrants preferential access to milk quota from the priority pool. While at the same time affording them the opportunity to purchase quota from the exchange at the market price. Details of the next Trading Scheme will be published in September.
48. Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food when he expects to announce changes in the payment level for REP scheme three participants; if on the basis of the work undertaken by his officials to date in processing REP scheme four payments, he envisages there will a change in REP scheme three; and if he will make a statement on the matter. [26018/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I indicated on 7 April, following the presentation of the 2009 Supplementary Budget, that I would review the payment level for REPS 3 participants once I have determined the ongoing financial obligations arising from the number of REPS 4 applications submitted by the closing date of 15 May. The total number of applications received was in the region of 17,000. The precise number will be available shortly, together with an estimate of their cost, when the applications received in each of the local offices have been entered on my Department’s computer system.
I am carrying out the review of the scheme in the context of the overall level of participation, the funding which is likely to be available to me in the future, the flexibility provided by the additional funding which I negotiated in the recent CAP “Health Check” and also the preparation of a revised Rural Development Programme which must be submitted to the European Commission by the 15 July. I will be making a statement on the matter at that stage.
49. Deputy Shane McEntee asked the Minister for Agriculture, Fisheries and Food the progress made with regard to farm waste management inspections and payments; and if he will make a statement on the matter. [26015/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payments are continuing to be made under the Farm Waste Management Scheme on a phased basis with 40 per cent being paid this year as claims are approved. To date in 2009, 13,381 payments totalling almost €185.9 million have been made to farmers under the Scheme, while a further 1,396 claims for grant-aid have been inspected and approved for payment. This compares to 12,847 payments in the whole of the 2008 calendar year.
[373]The process of on-farm inspections and approval of payments is continuing and additional staff have been re-deployed to certain parts of the country to ensure that the remaining payments to be made under the Scheme are effected as soon as possible.
50. Deputy P. J. Sheehan asked the Minister for Agriculture, Fisheries and Food the action being taken to support local growers’ cooperatives to deal with the threat of unfair competition from large international retailers; and if he will make a statement on the matter. [26040/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I am in the process of meeting with large retailers to impress on them the Government’s commitment to the agri-food sector. I am taking the opportunity to explain the importance of the sector to the economy as well as the high quality standard of food production in this country. These standards have been achieved as a result of major investment over the years in traceability and food safety infrastructure which has complemented the natural advantages of food production here. More recent investment to support environmentally and animal welfare friendly methods of production have also been brought to the attention of retailers as advantages in meeting emerging consumer concerns. However I acknowledge that consumers are concerned about value for money and have emphasised the necessity for a reasonable balance between granting price reductions to consumers and giving a fair return to suppliers and producers.
As regards local growers cooperatives, the EU Producer Organisation (PO) Scheme provides an important mechanism for fruit and vegetable growers to achieve greater bargaining power in the marketplace by becoming part of a larger supply base. The Scheme has more flexible terms and conditions with effect from 2009 and it is hoped that this will attract more growers to join POs. Since 2000, twenty POs have benefited from EU funding amounting to €29.5m.
51. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food the position with regard to the processing of REP scheme four payments; the outcome of discussions he had with the European Commission with regard to changes to compliance measures or ineligible applications; and if he will make a statement on the matter. [26006/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under EU rules, payments to REPS 4 participants may be made in two instalments, the first at 75% on completion of all administrative checks and area checks on all files and the remaining 25% once all on-farm inspections have been completed. Some 91% of those who applied for REPS 4 in 2007 and 2008 have received the first instalment and the remaining 25% will be issued as soon as possible. Arrangements are being made to ensure that, where possible, outstanding payments of the first instalment will also issue shortly. Payment of the first REPS 4 instalment for 2009 will be made in the autumn.
My officials have held discussions with the European Commission regarding the treatment of cases where eligibility issues have arisen and are awaiting the Commission’s response in the matter. My officials are also in discussion with the farm bodies regarding the possibility of amending a farmer’s obligations under the Scheme to reflect the withdrawal of the 17% increase in rates in REPS 4. Any such amendments will also require the approval of the European Commission.
52. Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food the efforts [374]he has made to secure EU supports for Irish milk producers; and if he will make a statement on the matter. [25947/09]
53. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food if he continues to seek dairy price supports at EU level; the position in relation to same; the reason there has been no lift in dairy product prices; the price which is achievable based on the price supports he is seeking; and if he will make a statement on the matter. [26045/09]
79. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the steps he has taken to prevent the collapse of dairy farming and consequently the dairy industry; his views on whether the price being paid for milk cannot and will not cover production costs; and if he will make a statement on the matter. [25845/09]
106. Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the steps that he has taken over the past six months to restore the dairy sector to a sound trading position; and if he will make a statement on the matter. [26056/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 52, 53, 79 and 106 together.
Over the past year or so we have witnessed extremes of volatility in dairy product prices on an unprecedented scale, a symptom of the changed EU policy framework in which we operate where world market forces have a major influence on the price paid for milk. Last November, when it became apparent that dairy commodity prices internationally were in decline, I contacted the EU Commissioner for Agriculture, Food and Fisheries, Mariann Fischer Boel, to press for the re-activation of dairy market supports. These had been suspended since 2006 because of the historically high milk prices that had prevailed in the intervening period.
The first step taken by the Commission, following my intervention, was to introduce the aid scheme for private storage of butter a full two months ahead of the normal date, ensuring that market support for butter was available in January instead of March. The scheme remains in place and has already supported the storage of some 96,000 tonnes of butter at EU level.
Public intervention for butter and skimmed milk powder opened in March. When the mandatory limits of butter and SMP to be purchased at the intervention price were reached, 30,000 tonnes and 109,000 tonnes respectively, I arranged a bilateral meeting in Brussels with the Commissioner. At that meeting I secured agreement for the continuation of these schemes under tendering arrangements that are close to intervention prices.
To date some 81,000 tonnes of butter have been bought into intervention, equal to 8 per cent of the butter production in January to June. As regards skimmed milk powder, 203,000 tonnes have been purchased into stock, equal to more than 38 per cent of the SMP production in January to June this year. In all, 20,000 tonnes of butter and 27,000 tonnes of skimmed milk powder from Ireland have been funded under these schemes at an approximate value of €60 million to Irish dairy processors.
Also re-introduced in January were export refunds for butter, cheese, skimmed milk powder and whole milk powder. So far this year, licences to export some 96,000 tonnes of butter and butteroil and 123,000 of SMP have been issued, which will enable these quantities to utilise export refunds for export outside the Community. Similarly, licences were issued in respect of cheese exports for 129,000 tonnes. The support value of this trade amounts to a further €113 million when these products are exported.
[375]Taken together there has been a considerable commitment of EU funds to support the dairy sector. However, with the market continuing to show resistance, price returns to dairy farmers in Ireland are now at levels that threaten the very viability of many farm enterprises. I have explained in detail to the Commission, with regard to cheese exports, that it is difficult for many to understand why, in this current severe market downturn, we have a self-imposed technical impediment preventing the use of export refunds in support of cheese exports outside of the Community in the quantities demanded by the market. I have once again urged the Commissioner to remove the ‘free at frontier price’ for cheeses at the earliest opportunity.
I have also stressed the need to examine other steps that may assist in reversing the downturn and stimulating the market further. For example, intervention purchases of butter and skimmed milk powder will close at the end of August and the private storage scheme for butter will close shortly beforehand. The role that private storage and intervention plays is such that their continuation after the normal cessation dates will be crucial in preventing further market turbulence at a time when supplies would otherwise hit commercial markets. My view, which I have articulated at meetings of the Council of Ministers, is that the market situation warrants an exceptional response on this occasion.
Dairy farmers incomes are comprised of the market price paid for milk and direct income support from the EU. Market forces have a major influence on the price paid to farmers for milk. World market prices determine the returns received by dairy processors and these in turn are reflected in the price paid to farmers. In essence, farm gate prices normally reflect the returns from international markets of dairy product sales. As the milk price is greatly influenced by supply and demand market support schemes can only have a limited effect on prices. For a dairy producing country like Ireland, where we export the vast majority of our product, this new framework is particularly relevant. Ultimately the market is the source of income and to maximise income the focus has to be on competitiveness, efficiency and innovation.
It is important to emphasise that medium term prospects for global dairy markets are good. Growth in wealth and population is forecast to stimulate strong levels of demand for dairy products, and returns will improve commensurately. I have every confidence that the sector will recover from this current downturn and achieve its fair share of the annual growth in demand for dairy products predicted by the OECD and others.
54. Deputy Eamon Gilmore asked the Minister for Agriculture, Fisheries and Food the estimated cost of the electronic tagging system proposed for Irish ewes; and if he will make a statement on the matter. [26052/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The introduction of electronic identification (EID) for all sheep was agreed at EU level in late 2003. At that time, it was agreed to defer the implementation date until January 2008. The Council revisited this issue in December 2007 when it was agreed that the deadline for the compulsory introduction of EID should be definitively set for 31 December 2009.
I have used every opportunity in EU discussions, both at Council and at bilateral level, to seek the introduction of EID on a voluntary basis. However there is no appetite among the majority of Member States or the Commission for any further deferral of the deadline of 31 December 2009, or for the introduction of EID on a voluntary basis.
There are however a number of implementation issues of concern to Ireland in relation to the introduction of EID and my Department is in ongoing contact with the Commission and other Member States on these issues of concern. These ongoing discussions are without preju[376]dice to the continuing political discussion on the overall policy in relation to EID. I am anxious that all Irish concerns are taken into account in whatever system is finally implemented.
Under the EU legislation, EID will not apply to sheep born before January 2010 nor generally will there be a need to retag existing sheep. Furthermore provision is made whereby lambs intended for slaughter and less than 12 months old can be permanently excluded from the EID requirement. If this provision is applied by Ireland, it will reduce the number of animals affected by EID and costs substantively. Until final decisions are taken in relation to this and other issues, I am not in a position to provide definitive figures for overall costs.
55. Deputy Joan Burton asked the Minister for Agriculture, Fisheries and Food the meetings he has had with large retailers with regard to the sourcing and provision of quality Irish brands; and if he will make a statement on the matter. [26048/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I am in the process of meeting with large retailers to impress on them the Government’s commitment to agri-food sector. I am taking the opportunity to explain the importance of the sector to the economy as well as the high quality standard of food production in this country. These standards have been achieved as a result of major investment over the years in traceability and food safety infrastructure which has complemented the natural advantages of food production here. More recent investment to support environmentally and animal welfare friendly methods of production have also been brought to the attention of retailers as advantages in meeting emerging consumer concerns. However I acknowledge that consumers are concerned about value for money and have emphasised the necessity for a reasonable balance between granting price reductions to consumers and giving a fair return to suppliers and producers.
56. Deputy Kathleen Lynch asked the Minister for Agriculture, Fisheries and Food if all 17,400 farmers will be awarded their first 40% tranche of payment by 30th June, 2009 as promised by him; and if he will make a statement on the matter. [26060/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payments are continuing to be made under the Farm Waste Management Scheme on a phased basis with 40 per cent being paid this year as claims are approved. To date in 2009, 13,381 payments totalling almost €185.9 million have been made to farmers under the Scheme, while a further 1,396 claims for grant-aid have been inspected and approved for payment. This compares to 12,847 payments in the whole of the 2008 calendar year.
The process of on-farm inspections and approval of payments is continuing and additional staff have been re-deployed to certain parts of the country to ensure that the remaining payments to be made under the Scheme are effected as soon as possible. Payments can only be made to those farmers whose claims for grant-aid under the Scheme have been found to be in compliance with the terms and conditions of the Scheme.
57. Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if he will provide an assurance that food labelling procedures adequately reflect the status, origin and quality of all meat and meat products on sale here; if there is absolute compliance with national and EU law; and if he will make a statement on the matter. [26084/09]
[377]Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Minister for Health & Children has overall responsibility for the general food labelling legislation. Responsibility for the enforcement of this legislation rests with the Food Safety Authority of Ireland (F.S.A.I.). This is done through service contracts with other relevant agencies, including the Health Service Executive, the Local Authority Veterinary Service and my Department. Any breaches of national and EU law are dealt with by the F.S.A.I.
Under the general labelling Directive (2000/13/EC), the place of origin of the foodstuff must be given only if its absence might mislead the consumer to a material degree. The European Commission is currently undertaking a major review of all food labelling legislation. In this context the Commission has prepared draft revised labelling regulations and these are being discussed at Council Working Party level in Brussels. These draft regulations will be submitted to the EU Council of Health ministers during 2009.
Notwithstanding the outcome of the current review on origin labelling my Department has taken steps to try to introduce origin labelling for meats other than beef, which is already subject to specific legislation since September 2000.
Regarding the labelling of poultry meat, there are EU Regulations, which provide for the labelling of unprocessed poultry meat at retail level. The Regulations require such poultry meat to be labelled with the information regarding class, price, condition, registered number of slaughterhouse or cutting plant and, where imported from a Third Country, an indication of country of origin.
My Department, in conjunction with the Department of Health and Children, drafted regulations that would require the country of origin to be indicated on pigmeat, poultry and sheepmeat. This was notified to the EU Commission in December 2007 as required by legislation. The Commission was not prepared to adopt the draft regulations in their present format on the grounds that the proposed legislation is not in compliance with EU food labelling regulations. The Commission’s main contention is that only harmonised rules with EU-wide applicability may be applied to food labelling other than in exceptional circumstances. In March, the EU Commission delivered a negative opinion on the regulations but afforded Ireland an opportunity to provide further information in support of them. While my Department submitted further material the EU Standing Committee on the Food Chain and Animal Health formally adopted the negative opinion on the draft regulation in December 2008.
We will continue to pursue this issue in conjunction with Department of Health and Children, at EU level in the context of the current review of food labelling legislation. In the meantime products carrying the Bord Bia quality assurance label provide consumers with assurance on product origin.
58. Deputy Simon Coveney asked the Minister for Agriculture, Fisheries and Food the role of Coillte in afforestation and the production of bio-mass for energy; and if he will make a statement on the matter. [24171/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988. One of the company’s principal objects under the Act is to carry on the business of forestry and related activities on a commercial basis and in accordance with efficient silvicultural practices.
[378]When it was first established in 1989 the company actively engaged in land acquisition for afforestation purposes and expansion of its estate. In latter years, it has reduced its land acquisition programme for a number of reasons, including reduced availability of land for sale, rising land prices and the company’s ineligibility for forestry premiums. Since 2000, the company has focused on contributing to the afforestation programme through its farm partnership schemes, by providing forestry services to farmers and by promoting forestry investment.
In relation to the production of biomass for energy, while much of Coillte’s timber supply is destined for processing, it will still be a significant provider of forest residues. The BioEnergy Action Plan for Ireland, published by the Department of Communications, Energy and Natural Resources in 2007 identified the slow pace of progress in developing a reliable supply chain from the private sector forest resource as a key factor inhibiting the development of a wood energy sector in Ireland.
Coillte advise that it has a pivotal role in working with the private sector to establish a robust supply chain. The company is working with the key stakeholders in the market and, in particular, with the bio-energy group under the auspices of the Department of Communications, Energy and Natural Resources. In order to refine its business model and strategy for approaching the market, the company has established a pilot depot in Co. Mayo. Coillte advise that, given its experience in the forestry sector and knowledge of the supply chain, it is well placed to play a leadership role in developing the sector.
59. Deputy Emmet Stagg asked the Minister for Agriculture, Fisheries and Food the position regarding the World Trade organisation situation; the possibility of an agreement in view of the fact that it would now appear that an agreement has been reached between India and the USA on the matter that stalled the WTO talks in 2008; and if he will make a statement on the matter. [26077/09]
90. Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food his preferred options in the context of the ongoing WTO discussions; if he will provide an assurance that he and other European Ministers fully appreciate the need to ensure adequacy and security of food supplies for the population of Europe and that sufficient steps are taken to ensure that the Irish and European food producing sectors are capable of meeting the challenge of international competition and consumer needs; and if he will make a statement on the matter. [26083/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 59 and 90 together.
The current position in regard to the WTO negotiations is that talks are stalled following the failure to reach agreement at the Ministerial meeting last July and the decision to defer indefinitely a second Ministerial meeting planned for last December. The G20 meeting in April provided no new momentum for the negotiations and nor did it set a date for a conclusion of the talks this year. Notwithstanding changes in the Indian administration and unconfirmed reports of narrowing of differences between India and the US on issues that precipitated last year’s breakdown of talks, the prospects for agreement are uncertain. These negotiations involve a large number of complex issues and 153 countries and it is difficult to see serious negotiations restarting until later this year at the earliest.
[379]In all of this, Ireland’s position has not changed. We want to see an agreement but that agreement must be balanced and should not be at the expense of Irish and EU agriculture. In this connection, I have repeatedly made the point to the EU Commission and to my colleagues in other Member States that the emerging challenge of food security must be taken into account together with the many other changes in the world since the current round of negotiations commenced in 2001.
As to the readiness of Irish and European food producing sectors to meet the challenge of international competition, several initiatives are underway to anticipate and prepare for the more competitive environment facing the agri-food sector in expectation of a WTO deal at some point in the future and to address other challenges facing the sector.
Strategies for the development of a consumer focused, competitive and sustainable agri-food sector capable of meeting the challenges of more liberalised markets and broader societal demands both at home and abroad are set out in the Agri-vision 2015 report and the Cawley Report. These strategies identify the delivery of safe, high quality, nutritious food produced in a sustainable manner for high value markets as the optimum road for the future of the Irish food industry in the light of the changes which have already taken place or are anticipated over the next number of years. They span the entire food chain from primary production through processing to market access which is key to developing export potential.
An inter-Departmental Market Access Group chaired by my Department and comprising representatives from the Departments of Foreign Affairs and Enterprise, Trade and Employment, An Bord Bia, Enterprise Ireland and Bord Iascaigh Mhara is currently engaged in a co-ordinated effort to identify potential market opportunities for the full range of Irish food and beverages, prioritisation of market initiatives and broader access issues.
60. Deputy Seán Connick asked the Minister for Agriculture, Fisheries and Food his views on the plans of the EU Commission to promote the European aquaculture industry; and if he will make a statement on the matter. [25940/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): At the June Fisheries Council Meeting I was happy to give my support to the Commission’s plan to promote the European aquaculture industry through the targeted sustainable strategy, along with all EU Fisheries Ministers.
The Commission’s plan endeavours to bolster the aquaculture industry through a targeted strategy that promotes competitiveness, guarantees product quality and respect for the environment while enhancing the sector’s image and governance.
On foot of this decision the Commission has been requested to prepare a programme of action to include supports for innovation and young entrepreneurs in the aquaculture industry, the promotion of exports and a consumer communications campaign.
61. Deputy Seamus Kirk asked the Minister for Agriculture, Fisheries and Food his views on whether there is further scope for the use of market management mechanisms to support the dairy sector; and if he will make a statement on the matter. [25945/09]
[380]94. Deputy Johnny Brady asked the Minister for Agriculture, Fisheries and Food if the closing dates for private storage aid and intervention purchases of butter and skimmed powder will be extended beyond the end of August 2009; and if he will make a statement on the matter. [25936/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 61 and 94 together.
A range of market management mechanisms at EU level have now been activated to assist in stabilising the dairy sector. These include private storage aid for butter, public intervention for butter and skimmed milk powder, as well as export refunds for butter, skimmed milk powder, whole milk powder and cheese. These measures have now put a floor under the milk price but I believe that more can be done to stimulate demand.
I have continuously pressed the EU Commission to increase export refunds further for butter and SMP in particular, and to remove the ’free at frontier’ price for cheeses, which limits the use of refunds for the export of cheese to international markets. I have also pressed very strongly for the continuation of private storage aid for butter beyond its scheduled closing date of mid August and similarly in relation to public intervention for butter and SMP beyond their closing dates of end August. The role that these schemes play in evening out the supply/demand balance is crucial to the dairy sector in this critical period. I am confident that the Commission will accede to my requests on these issues.
62. Deputy Seán Connick asked the Minister for Agriculture, Fisheries and Food the outcome of his June 2009 meeting with the EU Fisheries Commissioner; and if he will make a statement on the matter. [25939/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): At this month’s Fisheries Council in Luxembourg, Minister Killeen took the opportunity to meet with Commissioner Borg to outline some of the key issues facing the Irish fishing industry currently.
The discussion dealt with the impact of the increasing cost of fuel and deteriorating prices being achieved for fish. Minister Killeen put Ireland’s submission for additional EU funded restructuring measures back on the table.
In addition, the difficulties the Irish fishermen are experiencing in relation to the new effort regimes in the Irish Sea and North West were brought home to the Commissioner. Minister Killeen pressed strongly for changes that would maximize the available fishing effort for the Irish fleet by allowing Ireland to choose the reference years used to establish the effort for each individual fishery. Minister Killeen also asked for a number of practical changes to the rules that would help alleviate the impacts on the fleet particularly in the North West and in the Irish Sea. The changes sought were on the basis of discussions held with fishing industry representatives.
Minister Killeen also highlighted all our concerns regarding the impact of the additional unilateral mackerel quotas established by Norway and Iceland and the impacts of these actions on the EU mackerel fishery. He called on the Commissioner to ensure that all parties act in a responsible way and respect the agreed Total Allowable Catch which was established to take account of scientific advice. Minister Killeen made clear that the establishment of additional mackerel quotas by Norway and Iceland this year is not acceptable to Ireland.
[381]Finally, the Minister outlined to the Commissioner the difficulties, from an Irish fisherman’s perspective, with the proposed Recovery Plan for Celtic Sea Cod where a restriction on fishing effort is being proposed. He pointed out that the effort restrictions introduced in Area VI and the Irish Sea have substantially reduced fishing opportunities and fishing grounds for the Irish fleet. He proposed that other means such as more environmentally friendly fishing gear & closed areas to protect spawning grounds be put in place as the most appropriate tools to rebuild the cod stock in the Celtic Sea.
The meeting was very useful and gave Minister Killeen a good opportunity to address some of the most pressing issues facing the Irish fishing industry at present and to ensure that these are fully understood and appreciated by Commissioner Borg.
63. Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food the outcome of the June 2009 Council of Agriculture Ministers in relation to low dairy prices; and if he will make a statement on the matter. [25948/09]
72. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food the supports available to dairy farmers who have been affected by the reduction in milk prices; the developments at EU level in relation to same, in particular the decisions taken at the recent Council of Agriculture Ministers meeting; and if he will make a statement on the matter. [26042/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 63 and 72 together.
The situation of the dairy market was discussed at the Council of Agriculture Ministers meeting on Monday the 22 June last. This was the fourth consecutive Council meeting that debated the very severe difficulties facing the dairy industry. The Commission outlined the measures it has taken to date to deal with the situation. All the main market supports of public and private storage and export refunds are being used at present and they have helped to stabilise the market.
I called on the Commissioner again to use in the most effective way possible the market management measures that are available. In particular I called for the extension of intervention and private storage aid beyond their August closing dates. The Commissioner said they are examining ways of overcoming the legal obstacles involved and that a proposal would need to be agreed at the next Council meeting in July.
I also stressed the need to progress the proposal to remove the “free at frontier” price for cheese that is blocking the use of export refunds. Progress in this area would yield substantial benefits.
64. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps he is taking to support the sheep industry; and if he will make a statement on the matter. [26043/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The sheep sector benefits significantly from the main schemes operated by my Department — the Single Farm Payment, the Disadvantaged Areas Scheme and REPS. I also took account of the needs of this [382]sector in deciding that the €7 million available from the National Reserve in 2009, should be used on a new Uplands Sheep Payment, which is expected to benefit approximately 14,000 hill sheep farmers. In addition, Bord Bia will spend up to €1 million on the promotion of sheep and lamb at home and abroad in 2009, and Teagasc has allocated almost €1.5 million for sheep research.
I have frequently expressed the view that the report of the Sheep Industry Development Strategy Group provides a proper framework for the future development of the sheep sector. While most of the group’s recommendations are the responsibility of the industry itself, a number are within the remit of my Department and the State agencies under my aegis, who have made very good progress in bringing them to fruition:
The actions being taken by my Department and the State agencies complement those being taken by the Industry. I am confident that taken together, all of these actions will be of significant benefit to the sector.
Under the final agreement on the CAP Health Check, Ireland will have access to additional funds of the order of €25 million annually from unspent CAP funds from 2010. As I have already indicated, the sheep sector will be a substantial beneficiary. I hope to announce details in the coming weeks.
Question No. 65 answered with Question No. 41.
66. Deputy Joan Burton asked the Minister for Agriculture, Fisheries and Food the proposals he has put forward with regard to improving transparency and costs in the food chain to ensure [383]a fair return to suppliers and producers; and if he will make a statement on the matter. [26047/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The issue of retail margins on food products and prices paid to producers have become a focal point of public debate in recent times, and this has been reflected in numerous fora both at home and abroad. I had an opportunity to discuss this recently with my EU counterparts at the EU Council of Ministers meeting at the end of May and it is obvious that this is not just an Irish issue but an EU and indeed international issue. Underlying the debate is the increasing concentration of retail power in the hands of large supermarket chains. This international phenomenon has fundamentally changed the balance of market negotiating power within the food chain. It is recognised by all that retailers must strike a reasonable balance between giving competitive prices to consumers and providing a fair return to suppliers and producers, this should not be done at the expense of either of the parties.
Arising out of the aforementioned recent discussions at EU level, Commissioner Fischer Boel had indicated that the Commission will undertake a review of competitive practices in the food supply chain, with a particular focus on the dairy and pigmeat sectors. They are also undertaking a wider review of the retail sector, and both reports will be completed by the end of the year.
67. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 95 of 20 May 2009, the steps he is taking to support a live cattle trade to Britain; the number of live cattle exported to Britain rather than Northern Ireland; and if he will make a statement on the matter. [26044/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The live export trade is an important element of Ireland’s meat and livestock industry providing a complement to the beef trade.
Up to 20 June, some 2,500 head were exported to Great Britain this year — a 290% increase on the same period last year. Shipments of cattle to Northern Ireland are close to 31,600 head, an increase of some 230%. Total live cattle exports to the UK, at almost 34,100 head, are 233% up on the same period in 2008. The main reasons for this increase are reduced cattle availability in the UK and higher returns on the market there.
Bord Bia continues to work closely with the industry in monitoring and developing emerging opportunities for Irish livestock in the United Kingdom, the Continent and international markets. This includes contact with leading retailers in Britain to establish their interest in cattle born in Ireland and finished in Britain.
68. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the number of farmers entitled to grant aid under the farm improvement scheme; the number of farmers waiting to be sanctioned; if there are sufficient funds to pay the grant committed within the next few weeks in view of the fact that the farm waste management should now be finalised; if he will verify if all farm waste management schemes are cleared; and if he will make a statement on the overall grant situation. [25844/09]
[384]Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): 6,857 approvals have issued to farmers to commence work under the Farm Improvement Scheme and entitlement to grant-aid under the Scheme is established when it has been determined that the completed investment works are in compliance with the terms and conditions of the Scheme. To date in 2009, 985 payments totalling €12.3 million have been made to farmers who have completed work under the Scheme and payments will continue to farmers who have satisfactorily completed work under the Scheme until the 2009 allocation for the Scheme has been exhausted.
In the case of the Farm Waste Management Scheme, payments are continuing to be made on a phased basis with 40 per cent being paid this year as claims are approved. To date in 2009, 13,381 payments totalling almost €185.9 million have been made to farmers under the Scheme while a further 1,396 claims for grant-aid have been inspected and approved for payment. This compares to 12,847 payments in the whole of the 2008 calendar year.
69. Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food when the remaining 2008 REP scheme four payments will be awarded; and if he will make a statement on the matter. [26057/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Some 91% of farmers who applied for REPS 4 in 2007 and 2008 have received the first stage payment of 75% payment. I expect the remaining 25% payment to issue to these farmers within weeks. Arrangements are being made to ensure that the remaining applicants are paid as soon as possible.
70. Deputy Jan O’Sullivan asked the Minister for Agriculture, Fisheries and Food his plans to have a debate in Dáil Éireann on the current EU review of disadvantaged areas; and if he will make a statement on the matter. [26066/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There are currently three categories of Less Favoured Areas (LFAs) or Disadvantaged Areas in the EU, viz:
Mountain Areas — there are none in Ireland but the category covers 16% of land area across the EU;
Intermediate Less Favoured Areas — which covers over 99% of Ireland’s LFAs; and
Areas of Specific Handicap — which covers 0.4% of Ireland’s LFAs (Coastal Regions).
Prompted criticism by the European Court of Auditors on the number and variety of criteria used by Member States to designate intermediate LFAs (over 100 criteria) and the lack of transparency, the Commission is currently conducting a Community-wide review of the Scheme. These criticisms were based on the number and variety of criteria used by Member States to designate intermediate LFAs (over 100 criteria) and the lack of transparency.
The Commission have previously made a number of unsuccessful attempts to deal with the criticisms made by the Court of Auditors. During 2004/2005, the Commission proposed that intermediate LFAs be designated using criteria based on area classification reflecting poor soil qualities and climate conditions but this approach was rejected by the Council of Ministers. In 2007, the Commission commenced working with its Joint Research Centre (JRC) to establish a common soil and climate criteria that would support the delineation of LFAs. Their intention was that a Commission proposal would be submitted to the Council in early 2009 for adoption [385]by the Council of Ministers by the end of 2009. However, this approach was also abandoned by the Commission in favour of the current approach.
The Commission’s current proposal is that LFAs (to be known as Areas of Natural Handicap) will be delineated by Member States using eight soil and climatic criteria as follows:
Climate, including Low Temperature and Heat Stress;
Soil, including Drainage, Texture & Stoniness, Rooting Depth and Chemical Properties;
Soil & Climate, including Soil Moisture Balance;
An area (administrative unit) would be delineated as an area of Natural Handicap, when it meets the proposed threshold set for one of the above criteria only.
The Council of Ministers recently considered the matter and agreed Council Conclusions, calling for Member State support in the simulation process. While I can support the approach as outlined, my primary concern is that the proposed eight biophysical criteria do not take into account, in my view, the impact of the prevailing climatic conditions in North Western Europe. However, the Council Conclusions do provide for the use by Member States of additional criteria, in addition to the proposed eight biophysical criteria, and I am pleased to say that good progress is being made by my officials, supported by Teagasc soil scientists, in discussions with the Commission and the JRC.
Areas identified as meeting the criteria for the proposed designation as areas of Natural Handicap may then be subject to a fine-tuning process. These so called Second Stage Criteria are designed to remove areas which, although they meet the biophysical criteria, are deemed to have overcome the natural disadvantage and, therefore, should not benefit under the Scheme.
It is accepted that if the Council of Ministers adopt a proposal from the Commission on the designation of Areas of Natural Handicap, the new regime can only be implemented from 2014 onwards.
This is a very important issue for Ireland as the total area currently designated as disadvantaged is almost 75% of Ireland’s total land area. From an economic perspective, the Less Favoured Areas Scheme is particularly significant, as it contributes to the support of in excess of 100,000 Irish farm families, whose ability to farm is restricted by the physical environment, in particular, the impact of the prevailing wet cold climatic conditions in Ireland. I remain fully committed to ensuring that every effort is made to achieve the best possible outcome for Ireland from this review.
71. Deputy Margaret Conlon asked the Minister for Agriculture, Fisheries and Food the consideration which has been given to the CAP post 2013; and if he will make a statement on the matter. [25950/09]
83. Deputy Margaret Conlon asked the Minister for Agriculture, Fisheries and Food his views in relation to the need for a strong well funded CAP post 2013; and if he will make a statement on the matter. [25949/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 71 and 83 together.
[386]A first policy debate on CAP post 2013 took place at the Informal Agriculture Council in September last year under the French Presidency and the Czech Presidency has continued the debate in the first months of 2009.
Notwithstanding discussions to date, concrete proposals have yet to emerge on the shape of EU agriculture policy beyond 2013. Among the ideas emerging are:
Demands from some Member States for a lower budget share for agriculture and for eventual dismantling of CAP.
Demands from new Member States for “re-balancing” of Member States’ shares of agricultural funding.
Increased calls for changes to the Single Payment system to move from the historic model and to apply a “flatter” model of direct payments.
Calls for a greater focus on pillar 2 and introduction of more specific selection criteria and indicators to measure the effectiveness, outputs and impacts of rural development programmes.
Continuing pressures to reduce supply and market management mechanisms with a greater reliance on crisis management.
My own view, which I have expressed at meetings of the Council and bilaterally to my Ministerial colleagues, is that we must maintain a strong agricultural production base in the European Union in the future to take account of the challenges ahead in meeting increased demands for food. Any reduction in food production in the EU would be taken up elsewhere, where less efficient production systems exist, and would result in a heavier carbon footprint. We must also undertake food production and distribution in a manner that is sustainable in all its dimensions — economically, socially and environmentally.
There will be major challenges ahead from climate change, increased competition on world and EU markets, the financial crunch and other factors. We must ensure that we have the capacity to cope with the challenges and fully exploit the opportunities as they emerge. To do so, our whole sector, from farm to fork, must be highly efficient and competitive. It must also be innovative, producing the products that changing consumer tastes demand, and it must be relentlessly focused on quality and safety.
To achieve these objectives, there is a continuing need for an active and appropriately resourced European agricultural policy. That policy needs to recognise the role that a cohesive agriculture & rural development policy can play in addressing future energy needs, addressing environmental concerns and providing a secure and sustainable food supply in Europe.
Question No. 72 answered with Question No. 63.
73. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if he will provide a list of the statutory levies collected from farmers and the agri-food sector; the amount collected; the basis for the continued collection of these levies; and if he will make a statement on the matter. [26079/09]
[387]Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following table lists the statutory levies collected by my Department, together with information on the legislative basis for the levy, its use and the amount collected in 2008.
74. Deputy Timmy Dooley asked the Minister for Agriculture, Fisheries and Food the con[388]sideration given to the recently published EU Commission Green Paper on the Reform of the Common Fisheries Policy; and if he will make a statement on the matter. [25944/09]
102. Deputy Christy O’Sullivan asked the Minister for Agriculture, Fisheries and Food if he has given an initial response to the recently published EU Commission Green Paper on the Reform of the Common Fisheries Policy; and if he will make a statement on the matter. [25954/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 74 and 102 together.
The Common Fisheries Policy (CFP) is the fisheries policy of the European Union which was first put in place in 1983 and has been subject to reviews every 10 years, the most recent was in 2002 and the next is formally scheduled for 2012.
On 21 April 2009 the European Commission published a Green Paper on the latest reform of the CFP in order to launch a consultation with Member States and stakeholders and to initiate a broad public debate on the future CFP reform. Member States proposals are requested by the end of this year. A summary of this consultation process will be published in 2010. It will be followed by a legislative proposal to the Council and the European Parliament to be adopted in 2011, with a view to its entering into force in 2012. It is clear that every aspect of the CFP is up for review and will require detailed attention.
An exchange of views on the Green Paper took place at the Agriculture and Fisheries Council on the 25 May 2009. It is my clear intention that the review process in Ireland is an all inclusive one, facilitating the exchange of views from all interested stakeholders. I intend to engage in a process of consultations with all stakeholders to inform Ireland’s position. In that regard, Minister Killeen appointed Dr Noel Cawley to oversee a consultative process which will form a vital input to Ireland’s negotiating framework for the CFP Review. Minister Killeen is in consultation with Dr Cawley in relation to the arrangements for this review. The first step will involve an open call for submissions.
75. Deputy Mary Upton asked the Minister for Agriculture, Fisheries and Food if, in view of the 17% cut in REP scheme payments, he plans to reduce or change the terms and conditions of the scheme to compensate farmers for the reduction in payment; and if he will make a statement on the matter. [26081/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The withdrawal of the planned 17% increase in REPS 4 payments was necessitated by the overall difficult economic and financial situation and the funding available to me in the 2009 Vote for my Department. My officials are in discussion with the farm bodies regarding the possibility of a commensurate reduction in a farmer’s obligations under the Scheme. As this is an EU-approved Scheme, any such change would require the approval of discussions with the European Commission.
76. Deputy Mary Upton asked the Minister for Agriculture, Fisheries and Food his plans to address the position of farmers who were ready to apply for the early retirement scheme in October 2008 but had not submitted their application before the scheme was suspended; and if he will make a statement on the matter. [26082/09]
[389]Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Early Retirement Scheme was suspended for new applications on 14 October 2008. I am, however, conscious that some potential applicants were at an advanced stage of preparing an application when entry to the scheme was suspended and had made, or were making, arrangements to meet the requirements of the Scheme. I am aware of the difficulties which a number of such intending applicants had encountered.
I am currently examining options for resolving these cases against the background of the competing demands for the limited resources which are at my disposal.
77. Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the public awareness initiatives that are being undertaken by his Department to promote on farm safety and prevent farm accidents or fatalities; and if he will make a statement on the matter. [26069/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Health and Safety Authority (HSA) is the national body in Ireland with the responsibility for the promotion and enforcement of workplace safety and health. I fully support the efforts made by the HSA to promote farm safety and health and to prevent farm accidents and fatalities.
My Department is represented on the Farm Safety Partnership Advisory Committee and in December 2008 the HSA, in conjunction with this Committee, launched the Farm Safety Action Plan 2009 to 2012. This Plan sets out specific Goals and Actions to promote safety and health in agriculture.
Since the launch of the Farm Safety Action Plan my Department has:
Included a link on the homepage of our website to the ’Farm Safety Section’ of the Health and Safety Authorities website.
Ensured that the Rural Environment Protection Scheme (REPS) training courses will continue to address farm safety and health issues as they arise under particular REPS measures.
I also promote, where appropriate, safety and health in my speeches, for example, in the address given on my behalf at the opening of the 2009 Farm Machinery Show I included a message on the dangers of working with machinery and appealed to farmers to complete their farm Safety Statements or Risk Assessment.
Teagasc, the Agriculture and Food Development Authority, and the HSA in association with the Farm Safety Partnership Advisory Committee held four ’Farm Fatality Prevention Seminars’ in the Spring of 2009. These Seminars were held in Counties with a high on-farm fatality rate, i.e. Cork, Tipperary, Westmeath and Cavan, to highlight and to seek solutions to the farm safety problem with the farming community in these areas.
78. Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food his proposals to the EU Commission with regard to the spend of unused Common Agricultural Policy funds estimated to be around €17 million; the persons who will be the main benefactors; and if he will make a statement on the matter. [26074/09]
[390]Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): By way of background, in the negotiations last year on the CAP Health Check, I managed to secure access to additional EU funding to fund a suite of measures under the Single Payments Regulation, targeted at vulnerable areas, particular sectors under pressure, improvement of animal welfare and/or agri-environment measures.
The use of unspent Single Payment funds is a new concept. In fact I was the first Minister to raise this possibility in the context of the Health Check negotiations and I was delighted to get the support of most of my counterparts from other member states and the agreement of the Commission for this idea. Basically the funds arise because the rules surrounding the single payment system mean that not all entitlements to payment can be drawn down.
The amount of unspent funds available each year is based on the difference between the fixed annual ceiling for 2007 for these payments and the actual draw down for each year, less a safety margin. The actual draw down will vary from year to year, depending on the number of entitlements claimed. However, broadly speaking the outcome means that Ireland will have access to approximately €25 million in additional funding in each of the next three years from 2010 to 2012 to spend on these targeted measures.
I should mention that I have already secured an amount of €7 million in respect of 2009. I decided some months ago that these funds should be directed at the sheep sector in the form of an uplands sheep payment. Under the scheme, approximately 14,000 hill sheep farmers will benefit from the new payment this year. On the basis of data available for 2008, the level of aid will be of the order of €35 per hectare with a maximum payment of €525 per farmer. Payments will commence on 1 December 2009. This payment, for which I sought and secured the agreement of the Commission, is for 2009 alone.
In respect of 2010 and beyond, I have consulted widely with stakeholders on this matter and I am well aware of their wishes. I will be making decisions on the matter in the coming weeks and I will then submit Ireland’s plans for use of these funds to the EU Commission for approval.
Question No. 79 answered with Question No. 52.
80. Deputy Emmet Stagg asked the Minister for Agriculture, Fisheries and Food if, in view of the cashflow crisis on farms, he is prepared to seek a 100% advance payment of the single farm payment; and if he will make a statement on the matter. [26078/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Deputy will be aware of the recent decision by the EU Commissioner, following representations from a number of member states including Ireland, to allow for an advance payment of 70% of the Single Payment Scheme with effect from 16 October. This will be of particular assistance to farmers experiencing difficulties in the dairy market and other sectors and will mean that almost €900 million will be paid in mid October to Irish farmers, rather than early December. The Commission’s decision came in response to pressure which I and other E.U. ministerial colleagues have brought to bear for additional action to support dairy, and other, farmers. I have naturally been particularly conscious of farmers cashflow difficulties and am particularly pleased with the Commissioners decision, which is clear recognition of these problems. The balancing payments of 30% will immediately begin issuing with effect from 1 December.
81. Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food when the 2009 REP scheme four payments will be awarded; and if he will make a statement on the matter. [26063/09]
[391]Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under EU Regulations, payment on individual REPS 4 applications for 2009 cannot be made until completion of administrative and area checks on all applications received up to the closing date of 15 May 2009. At that stage 75% of the payment to each individual participant can be released, with the balance being payable when the last of the on-farm inspections for the year has taken place. I expect that the payments will commence in the autumn.
82. Deputy Christy O’Sullivan asked the Minister for Agriculture, Fisheries and Food if he has raised, with the EU Commission, concerns regarding the cod recovery plan in the Irish Sea and the north west; and if he will make a statement on the matter. [25953/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): On 12 June, Minister of State, Deputy Tony Killeen, who has responsibility for Fisheries, wrote to the Fisheries Commissioner Joe Borg setting out changes he is seeking to the provisions of the Council Regulation for Total Allowable Catches and quotas for 2009 (Council Regulation 43/2009) in respect of the Cod Recovery Plan in the Irish Sea and in the North West and the new requirements for restrictions on cod, haddock and whiting catches in the north west. The changes sought were on the basis of discussions held with fishing industry representatives. In particular, Minister of State, Deputy Killeen asked for changes that would maximize the available fishing effort for the Irish fleet by allowing Ireland to choose the reference years used to establish the effort for each individual fishery. Minister of State, Deputy Killeen also asked for a number of practical changes to the rules that would help alleviate the impacts on the fleet particularly in the North West and in the Irish Sea.
On the 23 June 2009, Minister of State, Deputy Killeen held a bilateral meeting with Fisheries Commissioner Borg to press for the changes set out in his letter of 12 June. Commissioner Borg advised that he understood the challenges faced by the Irish fishing industry and that they would carefully examine the case both from a legal and conservation perspective.
Minister of State, Deputy Killeen regularly meets fishing industry representatives and fishermen and every effort is made to alleviate the impact of the Cod Recovery Plan in as far as it is practicable and within the legal framework.
Question No. 83 answered with Question No. 71.
84. Deputy Niall Blaney asked the Minister for Agriculture, Fisheries and Food his views on the case for an emergency aid package to assist the fishing industry here; and if he will make a statement on the matter. [25942/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Oil prices have, in recent months, started to rise again and though they remain far below last year’s all time high levels, they are a cause of concern for the Irish fishing fleet particularly in the current situation where fish prices are also depressed.
Minister of State, Deputy Tony Killeen, at the Department of Agriculture, Fisheries and Food had a meeting with European Commissioner Joe Borg on 23 June. He took the opportunity to highlight the current economic problems facing Irish fishermen. He put Ireland’s submission 12 September 2008 for an emergency aid package back on the table. We firmly believe that these proposals are the needed and are the most appropriate to assist the Irish fishing industry in the current situation.
[392]We will continue to push Ireland’s case at every available forum with a view to the EU Commission bringing forward firm proposals to provide additional EU funds that will enable the full implementation of the plan.
85. Deputy Liz McManus asked the Minister for Agriculture, Fisheries and Food the number of farmers who will receive a REP scheme payment in 2009; and if he will make a statement on the matter. [26062/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): About 17,000 applications were received under the 2009 REPS 4 Scheme. The precise number will be available shortly when the applications received in each of the local offices have been entered on my Department’s computer system. This, coupled with the 12,145 REPS 4 applications lodged in 2007 and 2008, gives a total of about 29,000 applicants who are due a REPS 4 payment in 2009. In addition, payments will issue to some 34,620 participants in REPS 3.
86. Deputy Johnny Brady asked the Minister for Agriculture, Fisheries and Food his views on the conclusions of the June 2009 European Council in relation to the invitation to the Commission to present an in-depth analysis of the situation in the dairy market within the next two months; and if he will make a statement on the matter. [25937/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I welcome the discussion on the dairy market situation that took place at the recent European Council. This issue is of concern across the EU and it was encouraging that so many government leaders engaged with it. Following the discussion the Commission was invited to present an in-depth market analysis within the next two months. This report should include possible options for stabilising the dairy market, while respecting the outcome of the Health Check.
It is important that the outcome of the Health Check agreement of last November is to be respected. From a dairy sector perspective the Health Check had two key elements, supply control and market support. The agreement essentially provided the framework for the EU milk quota regime leading up to its abolition in 2015. There was a wide divergence of views among Member States in the months leading up the final negotiations as to the best course of action in relation to milk quotas. Commissioner Fischer Boel had made it clear that she would not be proposing the continuation of the quota regime beyond 2015. The question was whether, and to what extent, milk quotas should be increased in order to prepare for their abolition.
Many of our colleagues argued in favour of annual quota increases of up to five per cent, while others were opposed to any increase. I adopted an ambitious approach that would facilitate the maximum possible fulfilment of the production potential in the Irish dairy herd. In that context I believe the decision to increase quotas by 1% each year from 2009 to 2014 was a good outcome. So also was the downward adjustment in the butterfat co-efficient that equates to a further potential 2% rise in quotas in 2009.
The other key dairy element in the Health Check was market support. In the negotiations I strongly defended the view that quota increases must be matched with effective dairy market management measures. The transition to a post-quota EU dairy market, along with current market fluctuations, makes this particularly important. I therefore called for the continuation of such measures and above all those schemes which are especially important for Ireland.
[393]My position on these points has been fully vindicated and I will continue to press the Commission in order to ensure that the whole range of market management measures is implemented to full effect.
87. Deputy Liz McManus asked the Minister for Agriculture, Fisheries and Food the number of farmers who applied for REP scheme four by the 15 May 2009 single farm payment deadline; and if he will make a statement on the matter. [26061/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The total number of applications received for 2009 was in the region of 17,000. The precise number will be available shortly when the applications received in each of the local offices have been entered on my Department’s computer system.
88. Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that Germany, France and Belgium, to mention three EU member states have put in place financial support packages to support their dairy farmers during this difficult period; his plans to introduce a similar package; and if he will make a statement on the matter. [26076/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Significant measures have already been taken at EU level to support the dairy sector. These included the activation of a range of dairy market management measures including private storage aid for butter and intervention for butter and skimmed milk powder. In addition, export refunds are available to support the export outside the EU of butter, skimmed milk powder, whole milk powder and cheese. Irish processors are availing of all these schemes.
The current difficulties in the dairy sector are primarily due to a lack of demand. By removing product from the marketplace through the permanent export of products and through the temporary storage schemes, a floor has been put on the downward price spiral. Stimulating demand globally is the greatest challenge and one that is inextricably linked to problems in international financial markets where the availability of credit to business is challenging.
With the activation of these measures there has been a considerable commitment of EU funds to support the dairy sector. In addition further more direct funding will be available to dairy farmers as a result of the decision to make advance payments under the Single Payment Scheme. The advance payment will amount to 70% and will come into effect from 16 October. This will be of particular assistance to farmers experiencing difficulties in the dairy market and other sectors and will mean that almost €900 million will be paid in mid October to Irish farmers, rather than in December.
89. Deputy Michael D. Higgins asked the Minister for Agriculture, Fisheries and Food the initiatives that have been taken by his Department to encourage consumers to buy produce in season; and if he will make a statement on the matter. [26054/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There are a number of initiatives underway to promote seasonal produce. Bord Bia’s ‘Best in Season’ promotional campaign for locally grown produce in season which was launched at the Bloom Garden Festival in the Phoenix Park over the June bank holiday weekend is one such example. This cam[394]paign will run to the end of the year. Each month the campaign will focus on the crops in season at that time. Currently the focus is on strawberries and summer salads. Promotional activities around ‘Best in Season’ will include press and radio promotion as well as the provision of information on the health benefits, versatility and use of fresh produce on Bord Bia’s website. The Good Practice Standard and Flag for Farmers’ Markets also launched at the Bloom Festival encourages farmers markets to provide market access to locally produced in-season produce.
My Department has also been instrumental in bringing together the Irish fruit and vegetable industry to facilitate and fund the recent Incredible Edibles Growing Challenge in primary schools. Over two thirds of primary schools participated in the project (100,000 children actively involved). This gave an appreciation of growing skills and an opportunity to focus on the need to increase fresh fruit and vegetable consumption. The project was rolled out by Agri Aware with assistance from DAFF and industry sponsors.
Question No. 90 answered with Question No. 59.
91. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food the stage of the implementation process that the new Farm Safety Action Plan 2009 to 2012 is at; and if he will make a statement on the matter. [26068/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Health and Safety Authority (HSA) is the national body in Ireland with the responsibility for securing safety and health at work. The HSA has also the responsible body for implementing the Farm Safety Action Plan, 2009 to 2012, which was launched by my colleague Mr. Billy Kelleher T.D., the then Minister for Labour Affairs, in December 2008. This Plan sets out seven ambitious goals and a number of actions to raise national awareness of occupational safety and health in agriculture and to reduce fatalities and accidents on Irish farms.
My Department fully supports the HSA in implementing this Farm Safety Action Plan. To-date Working Groups have been established with the remit of implementing each of the goals identified in the Farm Safety Plan. Each Working Group consists of members from the Farm Safety Partnership Advisory Committee as well as people from the agricultural sector with specific expertise in the particular farm safety or health area of concern. My department is represented on the Working Group with responsibility for Goal 2 “To increase the uptake of training on farm safety and occupational health”. These Working Groups are in the process of devising a strategy to ensure that all the Goals and Actions listed in the Farm Safety Action Plan are achieved by the end of 2012.
92. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food the amount of funding allocated to the Agri-Food Research Programme under the National Development Plan; the breakdown of funding across all sectors; and if he will make a statement on the matter. [26046/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under the National Development Plan 2007-2013, indicative funding of €641 million has been allocated to the Agri-Food Research Programme, broken down as follows:
| Agri-Food Research Programme | €M |
|---|---|
| Research Stimulus Fund | 43.224 |
| Food Industry Research Measure (FIRM) | 93.653 |
| Forestry / COFORD | 29.296 |
| Teagasc Research | 474.827 |
| Total Agri-Food Programme | 641.000 |
93. Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that many dairy farmers will not be able to meet bank interest bills in the coming months due to the crisis in the sector and will require extra working capital to cover increases in farming costs; and if he will make a statement on the matter. [26075/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The dairy sector downturn has its roots in the supply response that resulted from high prices in 2007 and in the early part of 2008. That situation was then exacerbated by the international financial crisis. This has had a major effect on the demand side. My efforts have focused on ensuring that the full range of market management supports would be made available at EU level. As a result significant measures have already been taken at EU level to support the dairy sector. These include the activation of a range of dairy market management measures including private storage aid for butter and intervention for butter and skimmed milk powder. In addition, export refunds are available to support the export outside the EU of butter, skimmed milk powder, whole milk powder and cheese. Irish processors are availing of all these schemes.
Difficulties with access to credit have intensified what was a cyclical downturn into a major reduction in international demand for dairy products. The Government’s efforts over recent months in addressing the banking sector have had a central focus on the needs of the wider economy. A proper functioning banking sector is central to our economic recovery, as this will facilitate appropriate lending to our businesses, including farmers.
There are instances being reported of viable businesses being refused credit and some representative bodies are suggesting such refusals are in the majority. As against this, banks are reporting refusals are slight and that falling demand for credit accounts for reduced lending levels. There is a perception that there is limited credit availability and this can be damaging at a time of fragile business and consumer confidence.
As part of the banks’ recapitalisation package, the Government decided to have an independent review of bank lending to try to have an objective assessment of the current lending situation. This process is underway and although originally only the two recapitalised banks agreed to participate and fund the review, now all the six leading banks are engaged in the project. The results of this review will be available shortly and this should allow all stakeholders have an objective view of the state of lending.
The recapitalisation package also included many supports for enterprises. Irish SMEs are covered by the Code of Conduct on Business Lending to SMEs. This Code was published by the Financial Regulator and came into effect from 13 March 2009. Lenders covered by the Code are required to offer their customers an option for an annual review meeting, to include all credit facilities and security, including collateral. Banks are also required to treat all credit applications on their merits, to inform customers of the basis for decisions made and to have written procedures for the proper handling of complaints. Where a customer gets into difficulty [396]the banks will seek to agree an approach to resolve problems and provide reasonable time and appropriate advice. Those applying for bank facilities, therefore, have a direct means to enquire from their banks why lending decisions are being made and to challenge any unreasonable terms being applied through the formal complaints procedure. Responsibility for the operation of the code rests with the Financial Regulator.
The Minister for Finance and the Tánaiste and Minister for Enterprise, Trade and Employment have established a Credit Supply Clearing Group with bank, business and State representation. This Group is responsible for identifying patterns of events where the flow of credit to viable businesses appears to be blocked and for seeking to identify credit supply solutions relating to these patterns. The Group is, however, not an appeals mechanism for cases where credit has been refused by the banks. Individual business decisions remain the responsibility of the banks. The Group met for the first time on 28 May 2009 and will next meet following the conclusion of the Independent Review of Bank Credit.
Individuals who have difficulty in getting access to bank credit should approach their banks to ascertain the reason for such refusals and should consider to what extent the relevant bank is operating within the Code of Conduct on Business Lending to SMEs. If the Deputy is aware of any pattern of events within the farming sector where the flow of credit to viable business appears to be blocked, information on these patterns can be sent to the Credit Supply Clearing Group care of the Department of Enterprise, Trade and Employment.
In addition, my colleague, the Minister of State, Deputy Billy Kelleher, has commenced a series of eight regional meetings over the coming weeks with regional representatives of the major banks, business representatives from local chambers of commerce, ISME, SFA, IFA and the Irish Hotels Federation to gather first hand experience of bank lending. Local representatives from the various state agencies, Enterprise Ireland and Fáilte Ireland, will also attend. This will feed into the work of the CSCG and future Government policy.
Question No. 94 answered with Question No. 61.
95. Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food the level of investment made by him to date under the dairy investment fund; and if he will make a statement on the matter. [25956/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): A total of 19 capital investment projects were awarded Government grant assistance of over €114 million from the Dairy Investment Fund. This grant aid is geared to generating an estimated capital spend of €286 million in the Irish dairy processing sector and will play a key role in ensuring the long-term competitiveness of the dairy industry in Ireland.
Over €33 million in grant aid has been paid to date by my Department, through Enterprise Ireland, in respect of work already completed. The capital investment involved was over €80 million. It is anticipated that further investments, with capital spend in excess of €50 million, will be completed in the coming months.
96. Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the way the €7 million allocation to sheep farmers from the single farm payment national reserve will be allocated to the 14,000 farmers set to benefit from the funding; and if he will make a statement on the matter. [26073/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): In recognition of the difficulties and costs, including compliance costs, facing the sheep sector, I decided that unused [397]funds from the Single Payment National Reserve would be paid to hill sheep farmers in 2009 in the form of an Uplands Sheep Payment, as a means of ensuring that Irish sheep farmers could benefit immediately from these funds in 2009.
During the negotiations on the CAP Health Check proposals, I was one of the first Ministers to press for the use of unspent funds from national Single Payment Scheme ceilings to fund measures targeted at specific sectors in need of assistance. I am pleased to have introduced a payment that will fully and efficiently utilise all of the available funds in 2009. The outcome of the Health Check negotiations have been very positive for Ireland, and have once again shown the importance of EU support for Irish agriculture.
My objective in designing the Uplands Sheep payment was to ensure that it was simple and low cost to administer and created no additional administrative burden for farmers. The main features of the new Uplands Sheep Payment are as follows: (i) Eligible applicants must have sheep recorded in the National Sheep Census for both the 2007 and 2008 calendar years. (ii) Applicants must be eligible for the Disadvantaged Areas Scheme in 2009. (iii) Applicants must farm and declare in 2009 mountain type grazing land. (iv) The mountain type grazing land must have been declared on the 2008 and 2009 Single Payment/Disadvantaged Areas Scheme application forms. (v) The aid will be payable on mountain type grazing land up to a maximum of 15 hectares. (vi) The rate of aid per hectare will be calculated by reference to the available National Reserve funds and the total area eligible for payment when all of the 2009 Single Payment Scheme/Disadvantaged Areas Scheme applications are processed. (vii) Eligible farmers will apply for the Uplands Sheep payment when they submit their 2009 Single Payment Scheme/Disadvantaged Areas Scheme application form.
Payments will commence on 1 December 2009, the first date that payments can commence under the EU Regulations. Based on the estimated National Reserve funds of approximately €7 million and the eligible area declared by farmers in 2008, approximately 14,000 hill sheep farmers will benefit from the 2009 payment. Based on the data available for 2008, it is estimated that the level of aid will be €35 per hectare and a maximum payment of €525 per farmer.
I must emphasise, however, that the measure is for 2009 alone. A decision on the use of unspent CAP funds and modulation monies from 2010 onwards will be made when further information is available on the detailed EU rules that will apply to these measures. I expect that the Commission will shortly table its proposals for the detailed rules for the use of the unused funds. It is particularly important that these funds are used efficiently for the development of Irish agriculture. All sectors, including both hill and lowland sheep production, will be considered in this regard.
97. Deputy Eamon Scanlon asked the Minister for Agriculture, Fisheries and Food the way he will undertake consultations with stakeholders on the reform of the Common Fisheries Policy; and if he will make a statement on the matter. [25941/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Common Fisheries Policy (CFP) is the fisheries policy of the European Union which was first put in place in 1983 and has been subject to reviews every 10 years, the most recent was in 2002 and the next is formally scheduled for 2012.
The Green Paper on the reform of the current CFP, published by the European Commission on 21 April 2009 has initiated a Pan-European consultation process on the issue. Because of the importance of the CFP as the strategic blueprint for fisheries across Europe this debate will be wide ranging.
[398]Member States proposals are requested by the end of this year and a summary of the consultation process will be published in 2010. It will be followed by a legislative proposal to the Council and the European Parliament to be adopted in 2011, with a view to its entering into force in 2012. It is clear that every aspect of the CFP is up for review and will require detailed attention.
In Ireland the CFP review has already been on the agenda at a number of formal and informal meetings with industry. Indeed, the Federation of Irish Fishermen (FIF) has indicated its intention to pursue a process to develop its position in the matter and I welcome this and await the result of their deliberations.
It is my clear intention that the review process in Ireland will be an all inclusive one, facilitating the exchange of views from all interested stakeholders. I intend to engage in a parallel process of consultations with all stakeholders to inform Ireland’s position. In that regard, Minister of State, Deputy Killeen appointed Dr. Noel Cawley to oversee a consultative process which will form a vital input to Ireland’s negotiating framework for the CFP Review. Minister of State, Deputy Killeen is in consultation with Dr. Cawley in relation to the detailed arrangements for this review. The first step will involve an open call for submissions.
98. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if, in view of the collapse in the dairy markets, the deregulation of the dairy sector should be reassessed; and if he will make a statement on the matter. [26080/09]
105. Deputy Seamus Kirk asked the Minister for Agriculture, Fisheries and Food his views on whether the terms of the CAP health check should be revisited in the context of the pressure on dairy prices; and if he will make a statement on the matter. [25946/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 98 and 105 together.
From a dairy sector perspective the CAP Health Check agreement of last November had two key elements, supply control and market support. The agreement essentially provided the framework for the EU milk quota regime leading up to its abolition in 2015. There was a wide divergence of views among member states in the months leading up the final negotiations as to the best course of action in relation to milk quotas. Commissioner Fischer Boel had made it clear that she would not be proposing the continuation of the quota regime beyond 2015. The question was whether, and to what extent, milk quotas should be increased in order to prepare for their abolition.
Many of our colleagues argued in favour of annual quota increases of up to five per cent, while others were opposed to any increase. I adopted an ambitious approach that would facilitate the maximum possible fulfilment of the production potential in the Irish dairy herd. In that context I believe the decision to increase quotas by 1% each year from 2009 to 2014 was a good outcome. So also was the downward adjustment in the butterfat co-efficient that equates to a further potential 2% rise in quotas in 2009.
When the 2% quota increase in 2008 is taken into account, the result is a cumulative increase of 9.3% in Ireland’s milk quota by 2014 compared to 2007. This will help our dairy farmers to maximise their production potential, and to maximise the natural advantage they possess in the form of a grass-based production system. This in turn will lead to efficiency gains and help to achieve a competitive edge in an increasingly volatile world market. If on the other hand EU production is constrained by quotas, it will prevent Ireland from benefiting from future upturns in dairy markets. In that scenario the only winners would be our global competitors.
[399]It has been suggested that the EU quota increases to all Member States are the cause of the current low prices for milk. This is a flawed argument. In its report to the Council last Monday week the Commission said that milk production in the quota year 2008/09 has fallen by 0.6 per cent compared to the previous year and that overall production was 4.2 per cent below quota by 31 March 2009. To attempt to attribute the current market weakness to the additional quota allocated as part of the Health Check is patently wrong — it is a demand-led problem.
The other key dairy element in the Health Check was market support. In the negotiations I strongly defended the view that quota increases must be matched with effective dairy market management measures. The transition to a post-quota EU dairy market, along with current market fluctuations, makes this particularly important. I therefore called for the continuation of such measures and, above all, those schemes which are especially important for Ireland.
In the event we managed to maintain the butter and skimmed milk powder intervention schemes intact despite the powerful forces opposing the retention of these schemes. There was a determined effort made to introduce tendering for every tonne of butter and SMP intervened. This would have been particularly difficult for Ireland. The importance of these measures cannot be overstated as they play a crucial role in levelling out the market supply/demand dynamics. They have a vital role in Ireland given our seasonal pattern of production. This is true also for Private Storage Aid for butter where existing arrangements were maintained, although once again there was strong opposition intent on introducing tendering arrangements.
Fighting to maintain these market supports in the Health Check has been vindicated and they are now being used to deal with the current situation. I have continued to ensure that these supports are operated to the maximum extent possible in the current volatile environment.
99. Deputy Pat Rabbitte asked the Minister for Agriculture, Fisheries and Food the penalties that will be faced by those who breach the new requirements on equine identification as and from 1 July 2009; and if he will make a statement on the matter. [26071/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): European Commission Regulation No. 504/2008, which sets out an improved system of identification for equidae, comes into effect tomorrow, 1 July 2009 and is binding. All keepers of horses, passport issuing bodies and veterinary practitioners are obliged to comply with the provisions of this legislation. Anyone failing to comply with the provisions of this Regulation could face the prospect of on-the-spot fines or court proceedings resulting in a substantial fine and/or a term of imprisonment under the provisions of a Statutory Instrument being finalised in my Department.
100. Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the arrangements that have been put in place to ensure all foals born from 1 July 2009 are identified in accordance with regulation No. 504/2008; and if he will make a statement on the matter. [26070/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): EU and national legislation currently requires that all equines be accompanied by a passport (identification document) when being moved. In addition the vast majority of approved studbook keeping organisations operating in this country currently require that animals are micro-chipped as part of their registration systems.
European Commission Regulation No. 504/2008 comes into effect tomorrow, 1 July 2009 and is binding. All keepers of horses, passport issuing bodies and veterinary practitioners are obliged to comply with the provisions of this legislation. All foals born from tomorrow onwards (and also older animals if they have not been previously registered prior to 1 July 2009), will [400]have to be identified by their individual passports and by a microchip, with the number of the microchip having to be entered on the passport also. All foals must be identified in this manner within six months of birth. The Regulation does not have retrospective effect.
My Department has met with representatives of the approved issuing bodies and with representatives of veterinary practitioners to outline in detail for them the impact of the new arrangements. A press release issued from my Department on June 10 2009 to the media, highlighting the principal features of Regulation 504/2008, this press release was also circulated widely to the various stakeholders in the equine industry e.g. the approved issuing bodies, the Veterinary Council, Veterinary Ireland, marts where horses are sold and major equestrian centres. Guidelines will issue shortly to veterinary practitioners and to the approved issuing bodies to assist them to comply with Regulation 504/2008. The necessary Statutory Instrument to support the application of Regulation 504/2008 is in the final stages of preparation in my Department.
Passports issued from 1 July 2009 must conform to Regulation 504/2008. Equine passports can only be obtained from one of the issuing bodies approved for this purpose, an up-to-date list of approved organisations can be found on my Department’s website. Regulation 504/2008 sets out in detail the procedures to be followed and the responsibilities placed on passport issuing organisations and veterinary practitioners when issuing equine passports. My Department has taken steps to alert passport issuing organisations and veterinary practitioners of the obligations Regulation 504/2008 will place on them.
Since the vast majority of approved studbook keeping organisations operating in this country currently require that animals are micro-chipped as part of their registration systems, changes which require that all equines will have to be micro-chipped from 1 July 2009 will have limited impact. I am satisfied that the organisations responsible for the issuing of equine identification documents are fully aware of the arrangements they need to put in place to comply with Regulation 504/2008
101. Deputy Michael D. Higgins asked the Minister for Agriculture, Fisheries and Food if he will increase the payment rate under the suckler cow welfare scheme in view of the emerging participation rate of 750,000; and if he will make a statement on the matter. [26053/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Having regard to overall economic situation, the state of the public finances, and the funding available to me in the 2009 Vote for my Department it was necessary following the April 2009 supplementary budget, to reduce the rate of premium under the suckler welfare scheme 2009 to €40 per eligible animal to be paid in 2010. The financial pressures have not eased and I have no plans at present to review the rate of payment, under the scheme
Question No. 102 answered with Question No. 74.
103. Deputy Kathleen Lynch asked the Minister for Agriculture, Fisheries and Food the reason there have been delays in REPS 4 payments; and if he will make a statement on the matter. [26059/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The delays in processing REPS 4 applications occurred mainly as a result of the urgent need to devise a comprehensive system of eligibility checks following EU audits in late 2007 and early 2008 as a result of which the European Commission indicated that the previous system of checking did not [401]meet the requirements of the new EU Regulations now in force. To reduce the risk of a “financial correction” (recoupment by the EU of a significant amount of EU funding for REPS in 2007 and 2008), it was necessary to develop and introduce a new system of checks that would be acceptable to the European Commission. This work took much of 2008 to complete and it was only at the end of January 2009 that the first phase of checking could be carried out. This was a computerised screening of plans prepared on the eREPS system. This screening raised queries about a large majority of plans. Most of these were resolved in a subsequent manual examination of all plans which inevitably took some months. My Department also contacted a large number of applicants to enable them to correct minor deficiencies in their plans. Payments have been released as applications were cleared or corrected.
104. Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the reason county councils are continuing to carry out on farm inspections, which ignore his statement of the 24 April 2009 which stated that his Department’s inspectorate are to undertake nitrates’ regulations inspections; and if he will make a statement on the matter. [26055/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Inspections to meet the requirements of the Nitrates Regulations are undertaken by my Department. The Department’s inspectors currently undertake all on-farm cross-compliance inspections, including checks for compliance with the Nitrates Regulations and have considerable expertise in this area.
On farm inspections are also required under the EU Water Framework Directive which is the responsibility of the Minister for the Environment, Heritage and Local Government. In my statement on 24 April I indicated, my objective to ensure that the duplication of on-farm inspections is avoided for practical reasons, to minimise costs and to simplify the inspection arrangements from the farmer’s perspective. Discussions are taking place between officials of my Department and the Department of the Environment, Heritage and Local Government to finalise the necessary arrangements in relation to nitrates inspections.
Question No. 105 answered with Question No. 98.
Question No. 106 answered with Question No. 52.
107. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food the ways in which the economic downturn is impacting on the agriculture industry; and if he will make a statement on the matter. [26041/09]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Agriculture and food production are always subject to change and challenges and while agriculture is often more resilient to economic crises than other sectors, there is no doubt that certain parts of the industry are facing significant challenges this year, not least from low milk prices. However, the agriculture and food sector has the innate capacity to help lead the economic recovery in the years ahead. Regardless of the economic difficulties that Ireland currently faces, there is no doubt that this country is fully capable of producing and exporting high quality food and drink products. Despite the challenging market, currency fluctuations and turbulent export environment, Bord Bia estimate that food and beverage exports have declined only marginally in 2008 and in that year were worth around €8.2 billion. Its short to medium term estimates for the sector remain reasonably positive and I believe that this indigenous industry has the potential to boost export returns in the coming years.
[402]The EU medium term outlook for agricultural commodities is for a gradual recovery supported by growth in global food demand due to population increase and also a long-term decline in the growth of food-crop productivity. These are factors that can work to the advantage of Ireland. My job as Minister is to continue to work to help the entire agri-food sector remains competitive so that it can capitalise on the inevitable global recovery.
108. Deputy Dan Neville asked the Taoiseach the number of people claiming jobseeker’s allowance and jobseeker’s benefit for the Abbeyfeale area and the Newcastle West area of County Limerick; the number of people who were claiming unemployment assistance at this time in 2008; the number of people who were claiming jobseeker’s allowance and jobseeker’s benefit at this time in 2007; the age profile and nationality profile for those claiming assistance of the people unemployed in both the Abbeyfeale area and Newcastle West area of County Limerick. [26186/09]
Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The live register series gives a monthly breakdown of the number of people claiming jobseeker’s benefit, jobseeker’s allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and each social welfare office. However these figures do not contain a breakdown by age or nationality. The most recent information is for May 2009.
The number of persons signing on in each of the Social Welfare offices in Limerick is contained in the following table. It should be noted that the live register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to jobseeker’s benefit or allowance.
109. Deputy Fergus O’Dowd asked the Taoiseach the nature and outcome of any value for money audit carried out by his Department during the past three years; and if he will make a statement on the matter. [25712/09]
The Taoiseach: As part of the implementation of the Government’s Value for Money Review and Policy Review Initiative, my Department undertook a review of the National Economic and Social Development Office (NESDO) and its constituent bodies — the National Economic and Social Council (NESC), the National Economic and Social Forum (NESF) and the National Centre for Partnership and Performance (NCPP).
This Review examines the rationale, efficiency, effectiveness, impact and continued relevance of NESDO and its constituent bodies. The NESDO specific element of the review particularly examines the economies of scale derived from the shared administration costs of NESC, NESF, and the NCPP under the umbrella of NESDO, as well as the synergies that have evolved in terms of shared and complementary research initiatives.This review was undertaken in accordance with the framework set down by the Department of Finance by a member of staff of the Economic and Social Policy Division and included a comprehensive survey of stakeholders and employees.
The review was overseen by a Steering Group, chaired by a Principal Officer of my Department and included representatives of the Department of Finance, NESDO and relevant units of my Department.
The outcome of this review will help to identify further efficiencies as may be achieved by NESDO and its constituent bodies. This review has been signed off by the NESDO Value For Money Steering Group and has been accepted by the Secretary General of my Department. It will be laid before the Houses of the Oireachtas and forwarded to the Select Committee on Finance and the Public Service. The recommendations in regard to the scope for greater operational efficiencies are being implemented by my Department and the Board of NESDO, while other issues in respect of the effectiveness of the work of NESDO are being considered in consultation with the social partners.
110. Deputy Joan Burton asked the Taoiseach the amount of interest paid by him in respect of the late payments for goods or services contracted by his Department for the past five years to date in 2009; the steps being taken to ensure that money is appropriately spent and that payments are made on time; and if he will make a statement on the matter. [25868/09]
The Taoiseach: The following table details the amount of Prompt Payment Interest paid by my Department in the last five years and to-date in 2009:
| Year | Prompt Payment Interest Paid |
|---|---|
| € | |
| 2004 | 10,160 |
| 2005 | 5,041 |
| 2006 | 7,170 |
| 2007 | 941 |
| 2008 | 2,361 |
| January-May 2009 | 395 |
[404]Procurement of goods and services by my Department is carried out under procedures set out in Department of Finance Public Procurement Guidelines and EU Procurement rules. These procedures are designed to ensure that competitive processes are in place to select the providers of goods and services which represent best value to the Department, taking account of a number of important criteria including cost and suitability for purpose.
Procedures in place, which may vary according to the nature and amount of the procurement involved, include the appropriate use of processes to specify requirements; selection of an appropriate competitive process whether by seeking quotations, advertising, use of central purchasing facilities and centrally negotiated framework agreements or more formal tender processes; evaluation of alternatives according to pre-set criteria; agreement of contracts; and monitoring of service delivery.
My Department has appropriate procedures in place including computerised process to payment systems, monitoring and control procedures and electronic payment facilities in order to ensure that the requirements of the Late Payments in Commercial Transactions Act 2002 are fully complied with and suppliers are paid on time. The average time for payment of invoices by my Department based on a review of invoices from 1 January to 31 May 2009 is 13.5 working days.
111. Deputy David Stanton asked the Taoiseach if, in the context of the review of the Programme for Government all sections of the programme are to be reviewed; and if he will make a statement on the matter. [26191/09]
The Taoiseach: It is the Government’s intention to review all sections of the programme for government. The Government will pursue this work throughout the summer recess. The programme for government makes clear that its delivery is based on a growth rate of 4.5%. It was negotiated prior to the worst global economic downturn since the 1930s. Our review is about ensuring the programme for government reflects current economic realities.
Along with reviewing the existing programme, a review will also allow us to see where the various policies we have developed over the last two years can be better integrated into our plans for developing Ireland up to 2012. I particularly refer to the ambitious smart economy document which we published before Christmas.
The review will also underline the considerable amount of the programme for government which has already been achieved. To date, organisations such as the European Commission and the ESRI have broadly recognised that the policies we are pursuing are the right ones to get Ireland working again.
112. Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding an application for a work permit on behalf of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [25661/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Employment Permits Section informs me that an application in respect of the above named was received on 3 June 2009. The section is currently processing applications [405]received in the second week of April 2009 and therefore a decision will not issue on this application for another six-eight weeks.
113. Deputy Fergus O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the nature and outcome of any value for money audit carried out by her Department during the past three years; and if she will make a statement on the matter. [25705/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government’s Value for Money and Policy Review Initiative is part of a framework introduced to secure improved value for money from public expenditure. The objectives of the initiative are to analyse Exchequer spending in a systematic manner and to provide a basis on which more informed decisions can be made on priorities within and between programmes.
Two value for money reviews were undertaken by my Department since 2006. A value for money review of Science Foundation Ireland (SFI) was published on 29 July 2008 and is available on the Department’s website at http://www.entemp.ie/science/technology/publications.htm. The review, inter alia, found SFI’s programmes and activities to be valid and supportive of wider economic and innovation policy objectives, and that they should continue to pursue their core mission of funding research excellence in areas where Ireland can compete successfully on a global scale. The review contained ten recommendations which are currently being implemented. The review was laid before the Oireachtas, as required under the terms of the Value for Money and Policy Review Initiative and was discussed at the Oireachtas Committee on Enterprise, Trade and Employment last summer.
A further review in relation to the FÁS Competency Development Programme is at final drafting stage and my Department expects to publish this review later this year. Finally, two further reviews will be undertaken by my Department, under the 2009-2011 round of the Value for Money and Policy Reviews Initiative, and these will be published and presented to the relevant Oireachtas Committee in due course.
114. Deputy Brian Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the discussions she has had with FÁS concerning the plight of apprentices who are unable to complete their FÁS training and apprenticeship in view of the fact that they are unable to obtain an apprenticeship from firms or contractors; if FÁS and her Department are prepared to resolve this matter; and if she will make a statement on the matter. [25774/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department and FÁS have been working together over the last number of months to put in place measures to assist up to 3,600 apprentices who have been made redundant due to the current downturn. A number of initiatives to assist such apprentices have been put in place to date:
The Department of Social and Family Affairs immediately on registration refer redundant apprentices to FÁS for assistance.
Following this referral, the FÁS Employment Services and FÁS Services to Business Divisions work in collaboration to provide guidance and support in finding a new employer and in considering other options available in individual cases
[406]FÁS has amended the scheduling rules for off-the-job trainingso as to permit redundant apprentices to progress to their next off-the-job training, at phases 2, 4 and 6 of the apprenticeship cycle. It is expected that up to 2,000 redundant apprentices will in this way progress to such off-the-job training this year.
FÁS introduced an Employer Based Redundant Apprentice Rotation Scheme to provide support for employers to provide on-the-job training to redundant apprentices when they have released their employed apprentice to a scheduled phase 4 and phase 6 off-the-job training phase in the Institutes of Technology. There are currently 199 apprentices participating on the scheme and 35 apprentices have completed their period of rotation with assessments. Employers will again be requested during the June and September 2009 rotation periods to provide redundant apprentices with on-the-job training with assessments.
Léargas have provided funding under the Leonardo da Vinci programme of the European Union to support the placement of 37 redundant apprentices with overseas employers to complete their phase 7 on-the-job training with assessments. Recently 19 redundant apprentices returned from Germany having completed a phase 7 placement with such employers. Another 12 apprentices are due to travel in early August to more work placements in Germany. Léargas have recently provided additional funding to support the placement of an additional 60 apprentices with overseas employers. Arrangements here are being advanced.
ESB Networks have agreed a programme with FÁS to provide on-the-job training to eligible redundant electrical apprentices at phase 5 and phase 7 of their apprenticeships. This programme will provide up to 400 places over a period of 18 months. ESB Networks will fund this programme. There are currently 100 redundant such electrical apprentices in employment with ESB Networks and a further 100 will be provided with an opportunity to complete their on-the-job training before the end-year.
Redundant apprentices may also avail of existing specific skills training courses. These are trade related to enhance their employable skills. They may also avail of the range of trade related night courses that are available in FÁS training centres.
The Institutes of Technology are providing up to 700 places per annum on an 11-week certified training programme for those redundant apprentices who have completed their phase 4 training but where an on or off-the-job training opportunity is not currently available for them. The programme will be divided into construction and engineering streams and will provide redundant apprentices with education and training in a number of trade areas that will be complementary to their core apprenticeship disciplines. The programme is expected to commence in September next.
Finally, FÁS is finalising plans that will allow redundant apprentices to undertake phase 7 assessments in situations where an on-the-job assessment opportunities do not at present exist. This will allow such apprentices, who are at the very latter end of their multi-annual training programme, to definitively finish and get the craft certification that attests to having successfully completed their apprenticeships.
[407]I am closely monitoring the overall situation and I am open to positively considering any other approaches that will advance the progress of all apprentices to craft status at every stage of the apprenticeship cycle.
115. Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the workers who are still employed in Dublin Airport by a company (details supplied); the outcome of the negotiations on the expressions of interest in the line maintenance section of the company; and if she will make a statement on the matter. [25820/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I have kept in close touch with the developing situation at SR Technics Ireland, with a view to maximising employment opportunities at the plant. Following a series of contacts with both the company and Government interests in the United Arab Emirates, I am pleased to record that on 4 June, SR Technics indicated it had agreed in principle to sell the bulk of its aircraft maintenance operations at Dublin Airport to Dublin Aerospace Limited, an Irish company. I am hopeful that this company’s proposal will result in the recommencement of an MRO (Maintenance, Repair and Overhaul) business at Dublin Airport. The full support of the State development agencies has been made available to all interested parties including Dublin Aerospace Limited with a view to providing every possible assistance. SR Technics has a ten year contract agreement in place with Aer Lingus to provide Line Maintenance and other maintenance functions at Dublin Airport.
Negotiations are ongoing between the companies on how these services will be provided to Aer Lingus, following the closure of SR Technics Ireland. These negotiations have not yet concluded.
116. Deputy Joe Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will respond to correspondence (details supplied). [25824/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I am pleased to advise the Deputy that the correspondence dated 5 June 2009 from the individual in question has been responded to.
117. Deputy Brian O’Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment her proposals to remove the bureaucracy that surrounds the setting up of small businesses; and if she will make a statement on the matter. [25830/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The 2009 World Bank “Doing Business 2009” Report, ranks Ireland 5th for starting a business and 7th for the overall ease of doing business in Ireland, in terms of the number of procedures required. These rankings are unchanged from 2008.
Small businesses can set up immediately as sole traders or as limited companies, through registering with the Companies Registration Office (CRO). The CRO offers facilities for on-line registration and for traditional paper-based registrations.
[408]Under the on-line basis, such applications are processed within 24 hours of receipt, at present, provided all required information is in order. Over 90% of applications are received using this arrangement. Paper-based applications are processed within 48 hours of receipt provided all documentation is in order. Registration On-Line costs €50 while paper-based registration costs €100.
118. Deputy Simon Coveney asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of people in Cork city and county who have received an offer of training from FÁS in the past three months under the national employment action plan; the number waiting in Cork City and county for an offer of this training; and if she will make a statement on the matter. [25853/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The National Employment Action Plan Preventive Strategy (NEAP) involves a systematic referral of certain cohorts of registered unemployed persons by the Department of Social and Family Affairs (DSFA) to FÁS for assistance.
Department of Social and Family Affairs National Employment Action Plan (NEAP) referrals to FÁS Employment Services, Cork, in the second quarter of 2009 totalled, approximately 2,200 clients, with approximately 1,800 attending interview. Of these, approximately 900 expressed an interest in availing of training.
At the end of June 2009, FÁS Cork has approximately, 1,100 NEAP clients awaiting training, the majority of whom will be offered places on FÁS programmes over the next four months.
During the second quarter of 2009, 835 NEAP clients received an offer of training. A breakdown of these is provided in the following table:
119. Deputy Joan Burton asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of interest paid by her in respect of the late payments for goods or services contracted by her Department for the past five years to date in 2009; the steps being taken to ensure that money is appropriately spent and that payments are made on time; and if she will make a statement on the matter. [25861/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the European Communities (Late Payment in Commercial Transactions) Regulations 2002, where a purchaser does not pay for goods or services by the relevant payment date in a [409]commercial transaction, the supplier is entitled to interest on the amount outstanding. In the absence of any agreed payment date, late payment interest falls due after 30 days has elapsed from the date of receipt of a valid invoice.
The amount of interest paid by my Department under Prompt Payment legislation in each of the last five calendar years and to date in 2009 was as follows:
| Year | € |
|---|---|
| 2004 | 2,509.41 |
| 2005 | 4,971.02 |
| 2006 | 579.07 |
| 2007 | 5,019.46 |
| 2008 | 2,405.33 |
| 2009 to end May | 410.04 |
Notwithstanding the provisions in the Prompt Payment legislation, the Government has decided to reduce the payment period by central Government Departments to their business suppliers to 15 days with effect from 15th June 2009. These arrangements will apply on an administrative basis and will not alter the contractual arrangements between Departments and their suppliers, or the current Prompt Payments legislation. However, all Departments will be required to report to my Department on a quarterly basis on the manner in which they have complied with the Government commitment.
As a result of the measures introduced by the Government, Departments will now give greater priority to making timely payments and will ensure that suppliers are aware of how they can assist the process by meeting the requirements of Departments in relation to the submission of invoices.
120. Deputy Phil Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason a company (details supplied) in County Tipperary is not prepared to pay statutory redundancy entitlement; and if she will investigate the matte ; and when workers will be paid. [25895/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): In a reply given in regard to the company in question on 16 June last, I outlined the criteria in relation to the right of employees to receive redundancy entitlement under the Redundancy Payments Acts, 1967 — 2007. This provides that employees who have two years continuous service with an employer, are aged 16 years or over and are in employment which is insurable for all benefits under the Social Welfare Acts, have a statutory entitlement to a redundancy payment from their employer in the event of being made redundant. It is up to the employer concerned in the first instance to determine whether or not a redundancy situation obtains. Any disputes in this regard can be referred to the Employment Appeals Tribunal (EAT) for adjudication between the parties.
Where an employer is unable or refuses to pay the statutory lump sum, my Department pays the statutory amount from the Social Insurance Fund (SIF), which it administers on behalf of the Department of Social and Family Affairs. When an employer is not in a position to pay statutory redundancy, the redundancy payments section requires proof of inability to pay. The employer is asked to provide a letter from his accountant or solicitor confirming inability to pay together with documentary evidence (i.e audited accounts/statement of affairs) within 30 days of issue of the communication. Where an employer does not provide the information [410]requested or refuses to pay within the agreed timeframe, the employee is advised to take a case to the Employment Appeals Tribunal (EAT) against the employer, seeking a determination of their entitlement to statutory redundancy.
In the event of a positive finding by the tribunal in favour of an individual, application for a redundancy payment should be made by the individual on form RP 50 which is available from the Department’s website at www.entemp.ie. This form should be completed and returned with the decision of the Employment Appeals Tribunal which will allow the application to be processed. It should be noted that an employee must make application for a redundancy payment or seek a determination from the EAT within 12 months of ceasing of employment.
I understand also that, due to a downturn in the market for its products, the company has decided to close its manufacturing operation in Callan with the loss of about 40 jobs and that a dispute has arisen over the redundancy terms available.
While the dispute was the subject of conciliation by the Labour Relations Commission, no agreement was reached and, in line with normal industrial relations procedures, the dispute has been referred on to the Labour Court. I understand a hearing on the matter will take place on Friday next 3 July.
It must be remembered that the system of industrial relations in Ireland is essentially voluntary in nature and the Labour Court cannot compel a company to comply with its recommendations. It is a court of last resort in the industrial relations process and it is expected that the parties come to the process in good faith and consequently are prepared to give serious consideration to the court’s recommendations. Recommendations of the Labour Court are not legally binding, however, and ultimately, responsibility for the resolution of trade disputes is a matter for the parties involved.
121. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to a submission made to FÁS by the City and County Managers Association for local authorities to provide employment for the unemployed people on work placement schemes; if this submission is being considered at present by FÁS and by her; and if she will make a statement on the matter. [25913/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): In order to respond effectively to the growing numbers of unemployed through the provision of work placements I, in conjunction with my colleague the Minister for Social and Family Affairs, Deputy Mary Hanafin jointly launched the work placement programme on 27 May last. The proposal by the City and County Managers Association and other similar proposals were considered as part of the decision making process which resulted in that launch.
Under this programme there are two streams each consisting of 1,000 places of six months duration. The first stream is for graduates who before this year have attained a full award at level seven or above on the National Framework of Qualifications and who have been receiving job seeker’s allowance for the last six months. The second stream is open to all other individuals who have been receiving job seeker’s allowance for the last six months. Under this stream 250 places are being ring-fenced for those under 25 years of age. Participants on both streams of the work placement programme will continue to receive their existing social welfare entitlements from the Department of Social and Family Affairs for their duration on the programme.
The work placement programme is available to public sector employers as well as the private sector and interested organisations should contact the FÁS call centre to register their interest in the programme. The proposal by the City and County Managers Association for local auth[411]orities to provide employment for the unemployed on work placement schemes could therefore be made to FÁS, as a formal application, in the context of this Programme.
122. Deputy Noel J. Coonan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of companies in north Tipperary that have received money or are in the process of being approved for money from the Enterprise Stabilisation Fund announced in the supplementary Budget of 7 April 2009; the amount of funding they have received; her plans to increase the funding available for 2009 in view of the fact that more than 75% of the portion has been allocated; and if she will make a statement on the matter. [26095/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The provision of grant assistance to individual companies is a matter for the development agency or body concerned, and not one in which I have a direct function. Notwithstanding this, for reasons of commercial sensitivity, Enterprise Ireland will not disclose either the names of companies who have applied for assistance from the Enterprise Stabilisation Fund or the areas within which these companies operate as to do so would make some undertakings identifiable and risk undermining their future viability.
From the €50 million allocated to the fund for 2009, 16 projects have been approved to date for a total of €6 million. A further €20 million is under active negotiation with 30 companies nationwide. Enquiries have also been received from in excess of 100 companies. However, these have not as yet progressed to formal applications.
In summary, therefore, Enterprise Ireland has commitments or is in negotiations for €26 million of the fund leaving a balance of €24 million (48%) for the remainder of 2009.
123. Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made in developing a comprehensive employment strategy for people with disabilities; when she expects such a plan to be published; and if she will make a statement on the matter. [26118/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A draft comprehensive employment strategy for people with disabilities has been developed by my Department in discussions with key stakeholder representatives who form the consultative forum on an employment strategy established under my Department’s sectoral plan. The aim of this strategy is to address the diversity of circumstances, needs and abilities of people with disabilities, and to work towards achieving the highest possible levels of employment for them. Discussions on the further development and finalisation of the comprehensive employment strategy are being actively pursued with the consultative forum and interdepartmental groups with a view to completing the strategy as soon as possible.
124. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 113 of 23 June 2009, if any Members of the House of the Oireachtas are members of the local committees which direct the activities of community employment schemes; and if she will make a statement on the matter. [26244/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): FÁS is aware of a number of sitting Members of the Houses of the Oireachtas being on the sponsoring committees of community employment projects.
[412]The Community Employment Operating Guidelines state that the work programme of a sponsor should not involve any specific promotional-advocacy of a specific political party or the policies of a specific political party. Sponsors applying for a project of this nature are not eligible for CE funding.
125. Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment her views in relation to the submission (details supplied); her plans to address the issues raised; if she will accept the two proposals; and if she will make a statement on the matter. [26278/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The issues raised in the submission do not fall directly under the remit of my Department. However, the overall cost of doing business in Ireland is a particular concern of mine and of the Government.
The issue of rent reviews lies within the remit of the Minister for Justice, Equality and Law Reform, Deputy. Dermot Ahern. In relation to the Labour Party Bill dealing with the review of commercial rents, I understand that my colleague the Minister for Justice, Equality and Law Reform will shortly introduce a legislative provision which will, in effect, prohibit upward-only rent review clauses in future leases.
Rates legislation is a matter in the first instance for my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley. The Minister, Deputy Gormley and I have met with and impressed on local authority managers the concerns of Government in relation to costs for enterprise, including local authority costs, and asked them to consider measures to support new or existing enterprises in their area by, for example, reduced development contribution rates, or deferral of payments. I am aware that the Minister, Deputy John Gormley, has asked local authorities to give every consideration to businesses in adopting the Annual Rate on Valuation, and I welcome the fact that the average increase on local authority rates in 2009 was 1.15% with many rating authorities introducing no increase this year.
However, I am also very conscious that current trading conditions for companies are difficult and challenging due to a number of factors including the devaluation of sterling, tough competition, and the global recession. Some issues are outside the control of Government as a whole, but where possible we are addressing Ireland’s cost competitiveness as an essential element of our economic recovery, as well as supporting enterprises in more direct ways such as through the Enterprise Stabilisation Fund.
Already there are indicators in our favour with inflation, commodity and other prices falling. The latest Consumer Price Index figures are an indication of falling Irish prices in a number of areas, with Ireland showing the highest cut in prices across the EU bringing Ireland closer in line with average EU prices.
I am conscious that energy costs for businesses in Ireland are a source of concern, particularly as businesses are attempting to cut costs to remain competitive in the current economic environment. However, in recent months, the trend of energy prices has been downward with a 10% drop in electricity prices for residents and small and medium enterprises from 1 May, while gas prices have reduced by an average of 12%. These reductions will result in further savings for businesses, particularly in the SME sector. We are committed to maintain low business taxes and a favourable regulatory environment, and will ensure that our policies keep pace with the way business is changing.
[413]The Government is focused on the factors that will drive our long-term competitiveness. Our policies to improve competitiveness have a long term strategic objective which will restore confidence to the business community. Implementation of the actions included in the Smart Economy framework will continue to enhance and improve our competitiveness in this respect.
126. Deputy Terence Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of print jobs carried out for her Department and being provided by companies based outside the Republic of Ireland; the dates of the awarding of these contracts; and if she will make a statement on the matter. [26280/09]
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I presume the Deputy is requesting the above information for the period since my appointment as Tánaiste and Minister for Enterprise Trade and Employment viz, May 2008.
The only print jobs carried out by companies based outside the Republic of Ireland for my Department and for the Offices of my Department since May 2008 relate to the printing of file covers and file folders. The company involved is Enterprise Stationery Limited, which is based in Northern Ireland and since May 2008 it has been paid €11,794 for these services.
The contract was awarded by the Office of Public Works for the use of all Government Departments to Enterprise Stationery Limited on 1 April 2007.
127. Deputy Bobby Aylward asked the Tánaiste and Minister for Enterprise, Trade and Employment when payments in lieu of eight weeks notice and in lieu of holidays will issue to the former employees of a company (details supplied). [26304/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I can confirm that between March and May of this year, my Department has received 1,623 applications under the Insolvency Payments Scheme for Arrears of Wages, Holiday Pay and Minimum Notice on behalf of the former employees of Waterford Crystal. These claims are currently being processed. It has however been necessary to seek further information from the Receiver and a response is currently awaited. Subject to receipt of all required information from the Receiver, it is hoped to complete processing and make payments in respect of these claims within two to three weeks.
I should point out that the impact on business of the severe economic circumstances currently pertaining has resulted in a significant rise in the level of company receiverships and insolvencies. Consequently, an increasing number of claims are being submitted to the Insolvency Payments Section, with 9,509 new claims recorded from January 1 to May 31 — an increase of over 226% against the corresponding figure for this period in 2008. My officials endeavour to process all claims as quickly as possible and claims are dealt with in order of date of receipt.
128. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 107 of 23 June 2009, if she will amend the rules pertaining to entry to the work placement programme in view of the fact that many graduates will have taken part-time work, or lowly paid work in fields not utilising their qualifications in preference to signing on the live register and that they are therefore excluded from entry to the programme; and if she will make a statement on the matter. [26408/09]
[414]Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I have no plans to amend the rules governing the entry requirements to the work placement programme at this time.
The objective of the work placement programme is to provide work experience for unemployed persons, including graduates, to improve their skills and to help them into employment as soon as possible. Specifically focusing on persons who have been on the live register for a period of at least six months ensures that participants have been allowed every opportunity to actively search for employment and, if not successful, benefit from the full range of training suites available from FÁS. This, in turn, ensures that participants are job ready, will make the most of their work placement and are better placed to avail of new opportunities when they become available.
129. Deputy Joan Burton asked the Minister for Finance the expected Exchequer savings for 2009, 2010 and 2011 from both the civil and public service incentivised career break and early retirement programmes; and if he will make a statement on the matter. [25657/09]
Minister for Finance (Deputy Brian Lenihan): In the April 2009 supplementary budget, I announced a range of initiatives which are intended to lead to savings in the public service pay bill. The Government has decided to offer an Incentivised Scheme of Early Retirement in the public service to reduce the public service pay bill and facilitate a permanent, structural reduction in the numbers of staff serving in the Civil Service, local authorities, the health sector, non-commercial state bodies and certain other areas of the public service. The scheme is open to applications from 1 May 2009 until 1 September 2009.
The Government has also decided to implement two new work-life balance initiatives, the Special Civil Service Incentive Career Break Scheme to facilitate civil servants in taking a career break for three years, and the Shorter Working Year Scheme which replaces the existing Term Time Scheme.
I included a tentative estimate in the April budget of savings of up to €150 million in 2009 and €300 million in a full year. Achieving these savings is entirely dependent on take up, which is impossible to project with any firm degree of confidence.
130. Deputy Joan Burton asked the Minister for Finance the length and value of the contract retaining a firm (details supplied) as legal advisers to the National Asset Management Agency; his views on potential conflict of interest issues as a result of the award of this contract in view of the existing client base of the firm; and if he will make a statement on the matter. [25658/09]
Minister for Finance (Deputy Brian Lenihan): The contract between the interim NAMA and the firm in question is a commercial contract. As such it is subject to commercial confidentiality. I cannot comment on the terms and conditions.
The procurement process for this contract was conducted through www.etenders.gov.ie which is the website for Irish public tenders. I am advised that the process was fully compliant with public procurement procedures. Following a detailed evaluation of the various proposals received, the most economically advantageous bid was accepted.
In an economy the size of Ireland’s it is not unusual that one of the larger financial or legal advisers has to deal with potential conflicts of interest arising from their representation of more than one client in the same sector. The company in question has provided assurances that where potential conflicts arise they are dealt with through the application of well established ’Chinese Wall’ structures which are overseen by their compliance department. These ’Chinese [415]Walls’ operate as information barriers which ensure that any advice given is confidential and is provided by a team which is segregated from and independent of their work for other clients.
131. Deputy Joan Burton asked the Minister for Finance the value of the National Pension Reserve Fund; and if he will make a statement on the matter. [25659/09]
Minister for Finance (Deputy Brian Lenihan): The National Pensions Reserve Fund (NPRF) was established on 2 April 2001 under the National Pensions Reserve Fund Act 2000 with the objective of meeting as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until at least 2055.
The National Pensions Reserve Fund Commission — who control and manage the fund — publish a report on the performance of the NPRF at the end of each quarter. The most recent such report, to 31 March 2009, valued the fund at €15.5 billion. The Exchequer normally makes its annual contribution to the NPRF in four quarterly instalments. The first payment for 2009, for €396 million, was paid to the NPRF in March and is reflected in the outturn for the first quarter.
Under the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009, which allows the Minister for Finance to make payments into the fund where he has given the fund a direction to invest in a listed credit institution, a further payment of €2.604 billion was made to the fund in May, bringing the total paid over from the Exchequer to the fund in 2009 to €3 billion. This reflects the Government decision announced on 11 February 2009 that the recapitalisation of Allied Irish Bank and Bank of Ireland through the purchase of preference shares by the NPRF would be funded by €4 billion of the fund’s own resources and €3 billion from the Exchequer through the frontloading of the 2009 and 2010 Exchequer contributions.
The fund’s annual and quarterly reports are available publicly on the Commission’s website http://www.nprf.ie/home.html. The annual report for 2008 will be available on this website in July.
132. Deputy Joan Burton asked the Minister for Finance the estimated outstanding pension liability in respect of all public and civil servants, inclusive of those liabilities relating to the pension funds to be transferred to the National Pension Reserve Fund as proposed under the Financial Measures (Miscellaneous Provisions) Bill 2009; and if he will make a statement on the matter. [25669/09]
Minister for Finance (Deputy Brian Lenihan): The latest estimate for the accrued liability for public service occupational pensions is €75 billion as of 2007. This accrued liability figure is a single monetary amount representing the present value of all expected future superannuation payments to current staff and their spouses in respect of service to date, plus the full liability for all future payments to current pensioners and to their spouses. It includes those liabilities relating to pension funds to be transferred to the National Pension Reserve Fund under the Financial Measures (Miscellaneous Provisions) Act 2009. The large size of the figure is due to the fact that it represents a projection of aggregate pension payments that will be spread over perhaps 70 years into the future.
The estimate of the accrued liability should not be confused with the actual cash funding that will be required in the future. The more meaningful measure of public service pension costs is the actual annual outgo on pensions, which amounted to approximately €2.5 billion in 2008, or 1.3% of GDP. This annual outgo is projected to rise to 2.5% of GDP in 2050. The [416]projected increase arises from the growth in public service employment in the past and from increasing longevity.
The Finance Accounts, to be published shortly, will include an updated estimate of the total liability of public service occupational pension schemes as at 31 December 2008. This figure is being arrived at as part of on ongoing C&AG examination of public service pensions. As part of that examination the C&AG has engaged consultants to carry out a detailed actuarial valuation of public service schemes. The derivation of the accrued liability figure will follow the approach set out in the new accounting standard issued by the International Public Sector Accounting Standards Board, IPSAS 25.
133. Deputy Fergus O’Dowd asked the Minister for Finance the nature and outcome of any value for money audit carried out by his Department during the past three years; and if he will make a statement on the matter. [25707/09]
Minister for Finance (Deputy Brian Lenihan): I take it that the Deputy is referring to the ongoing Value for Money reviews. Under the Expenditure Review Initiative my Department, and the offices under its aegis, has carried out the following reviews during the last three years:
The State Laboratory, the Office of the Appeals Commissioners, the Office of the Commission for Public Service Appointments and the Valuations Office did not perform any such reviews during the years in question.
134. Deputy Bernard J. Durkan asked the Minister for Finance if his attention has been drawn to the failure of some main contractors to pay sub-contracts in respect of public contracts; if it is intended to draw such issues to the attention of main contractors particularly when further payments fall due; and if he will make a statement on the matter. [25789/09]
Minister for Finance (Deputy Brian Lenihan): I am not aware of any particular situation where a delay in payment by a main contractor to a sub-contractor has occurred on a public works contract. I should explain to the Deputy that a contracting authority is only responsible for payment for work satisfactorily done by a main contractor under contract with the contracting authority. The contractual relationship on a project with a subcontractor is different. In such cases the contract is between the main contractor and the subcontractor with no other party having privacy to it. Therefore, if there is a problem regarding payment to a subcontractor it is a contractual matter between main contractor and subcontractor and must be resolved through the use of the relevant provisions in the contract.
135. Deputy Bernard J. Durkan asked the Minister for Finance if his attention has been drawn to the fact that the tax refund sought by a person (details supplied) in County Kildare relates to emergency tax deducted by the employer; and if he will make a statement on the matter. [25790/09]
Minister for Finance (Deputy Brian Lenihan): I have been advised by the Revenue Commissioners that they are aware that the person concerned claims that emergency tax was deducted during the period concerned. They are in correspondence with the person in an effort to establish whether or not PAYE tax was deducted from the payments made to him.
136. Deputy Seán Sherlock asked the Minister for Finance the status of the flood alleviation scheme in respect of Fermoy, County Cork; if that scheme will commence in 2009; the amount of moneys to be made available for the scheme; the estimated completion date of all phases of the scheme; and if he will make a statement on the matter. [25803/09]
Minister of State at the Department of Finance (Deputy Martin Mansergh): The Minister for Finance confirmed the Munster Blackwater (Fermoy North) Drainage scheme on 19 November 2008. The tendering process for the main construction contract is nearing completion, and the Office of Public Works expects to appoint the main contractor for the scheme shortly. It is then anticipated that construction works will commence this summer.
The overall project cost for the Fermoy scheme is €32 million, while allocation for the first phase (Fermoy North) is €9.9 million. The contract for this first phase of the scheme is scheduled for completion within 12 months.
Consultants are appointed to complete the design for the next phases of the scheme (Fermoy South West and South East), and it is hoped that work on these will commence soon after the first phase is complete. While it is too early to say how long construction on the second phase will take, it is expected to be at least 24 months.
137. Deputy Seán Sherlock asked the Minister for Finance the status of the flood alleviation scheme in respect of Mallow, County Cork; if that scheme will continue in 2009; the amount of moneys to be made available for the scheme; the estimated completion date of all phases; and if he will make a statement on the matter. [25804/09]
[418]Minister of State at the Department of Finance (Deputy Martin Mansergh): The Munster Blackwater (Mallow North) Drainage scheme has been under construction since April 2008, and is due for completion in the next few weeks. As this phase for the overall flood defence scheme for Mallow has been completed, the detailed design of the southern phase, encompassing Mallow South and West Drainage schemes, has commenced. The procurement process for the civil works contract for the second phase will commence very shortly, with the appointment of a contractor expected before the end of 2009.
The commencement of construction is, of course, subject to the necessary funding being available. It is anticipated that the second phase will be constructed over a 24 month period and has an estimated budget of €12 million.
138. Deputy Brian Hayes asked the Minister for Finance the number of cases coming before the Revenue Commissioners in which a solicitor has not paid in full the stamp duty on the transaction of property on behalf of their client, and when in effect the property has never been registered or stamped; the number of cases in which the Law Society of Ireland has paid directly to Revenue the stamp duty as a compensation for the default on the part of the solicitor; if the issue of penalties and interest were applied in these cases where the problem has emerged some years after the sale of the property; and if he will make a statement on the matter. [25832/09]
Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the number of transactions coming before them where a professional presenter (the vast majority of whom are solicitors) has not paid the stamp duty in full and where the instrument (the vast majority of which relate to property) has not been stamped amounted to 155 in the first five months in 2009 from a total of 45,117 instruments received for that period.
I am advised by the Revenue Commissioners that, where a solicitor defaults in paying over stamp duty to Revenue and is ’struck off’ subsequently as a practising solicitor, the Law Society will appoint a new solicitor to complete the cases of the defaulting solicitor. In such cases, the new solicitor will pay the stamp duty to Revenue and be compensated accordingly by the Law Society. I understand from Revenue that there were approximately 200 such transactions per annum for the three years 2006-2008 inclusive. There are no instances where the Law Society has paid stamp duty directly to Revenue.
On the question of interest and penalties arising from late payment of stamp duty, I am advised by the Revenue Commissioners that all applications for mitigation of interest and penalties are considered on a case by case basis under section 14(3) of the Stamp Duties Consolidation Act 1999. This provides Revenue with discretion to mitigate penalties and interest where, on taking account of all relevant circumstances, not to do so would be unjust and unreasonable. Claims for mitigation must be made in writing and be supported by documentary evidence.
In cases where a taxpayer has, in good faith, paid stamp duty to a solicitor who failed to pay the duty over to Revenue and that solicitor has since been ‘struck off’ and the practice closed, Revenue gives favourable consideration to mitigating the penalties and interest that would, otherwise, fall to be paid by the taxpayer in order to have the instrument stamped.
139. Deputy Finian McGrath asked the Minister for Finance the number of Ministers, Deputies and Senators who took the voluntary pay cut. [25850/09]
[419]Minister for Finance (Deputy Brian Lenihan): To date all Ministers and Ministers of State, 15 Deputies and five Senators are making gifts from salary to the Minister for Finance. In addition, all Ministers, Ministers of State, Deputies and Senators are subject to the public service pensions-related deduction.
140. Deputy Joan Burton asked the Minister for Finance the amount of interest paid by him in respect of the late payments for goods or services contracted by his Department for the past five years to date in 2009; the steps being taken to ensure that money is appropriately spent and that payments are made on time; and if he will make a statement on the matter. [25863/09]
Minister for Finance (Deputy Brian Lenihan): The amount of late payment penalty interest paid from the Vote of the Minster for Finance for the past five years to date in 2009 is set out in the following table. The period between receipt of an invoice from a supplier and payment by my Department has been reducing in recent years and thus far in 2009 has averaged ten days. This is comfortably within the period of 30 days after which, in general, late payment interest starts accruing in respect of unpaid invoices which have no other problems preventing payment. It also complies with the Government’s commitment, which came into effect from 15 June last, to have payments from central Government Departments to business suppliers made within a 15 day period on an administrative basis.
| 2005 | 2006 | 2007 | 2008 | 2009 (to date) |
|---|---|---|---|---|
| €5,476.51 | €8,620.18 | €6,016.28 | €2,314.72 | €719.05 |
141. Deputy Olivia Mitchell asked the Minister for Finance the progress made in devising a scheme to collect a levy or tax within the gambling industry to fund the horse and greyhound racing industry; if it is intended to bring proposals to Government in the near future; if an all-party committee as previously suggested is to deal with the issue; and if he will make a statement on the matter. [25898/09]
Minister for Finance (Deputy Brian Lenihan): During the Finance Bill, I indicated that discussions would commence as to how best betting duty might be applied in the future, in the context of the 2010 budget including looking at the UK’s gross profit tax model. A number of different proposals in that regard have been received from various sectors of the industry. I also indicated that it is my intention to widen if possible the tax base on which betting duty would be applied. My officials are continuing to explore all options on an ongoing basis.
In exploring options for widening the tax base on which betting duty could be applied, my aim is to generate revenue to fund public expenditure generally, rather than to fund one specific item of expenditure. The Deputy will be aware the 2009 budget publications announced that arrangements would end whereby the annual payment to the horse and greyhound racing fund would be automatically calculated by reference to the previous year’s betting duty or the contribution to the fund in the year 2000 adjusted for inflation.
142. Deputy Lucinda Creighton asked the Minister for Finance the amount of revenue raised per year for each of the past five years from stamp duty on awards on infant rulings in the judicial system; and if he will make a statement on the matter. [26086/09]
[420]Minister for Finance (Deputy Brian Lenihan): It would appear, without further clarification, that the “stamp duty” referred to by the Deputy is not a stamp duty governed by the Stamp Duties Consolidation Act 1999 and for this reason the Minister for Finance would therefore have no function in relation to such matter.
The Deputy might wish to consider approaching the Courts Service for the information sought.
143. Deputy Noel J. Coonan asked the Minister for Finance the number of mortgage holders in the North Tipperary constituency who lost entitlement to mortgage interest relief following his decision to abolish mortgage interest relief for those with a mortgage for more than seven years; and if he will make a statement on the matter. [26140/09]
144. Deputy Noel J. Coonan asked the Minister for Finance the number of mortgage holders in the North Tipperary constituency currently in receipt of mortgage interest relief; and if he will make a statement on the matter. [26141/09]
Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 143 and 144 together.
I am informed by the Revenue Commissioners that it is not possible to provide a breakdown of entitlement to, or loss of entitlement to, mortgage interest relief on the geographic basis sought by the Deputy.
At the end of 2008, there were approximately 564,000 mortgage accounts in respect of which mortgage interest relief was being paid through the main lenders. Using the information already available through its own systems and by working with the lenders, Revenue was able to establish the entitlement status of 430,000 mortgage accounts (76% of the total of 564,000 mortgage accounts) under the new seven-year rule for the payment of tax relief as announced in the supplementary budget. Of those:
276,000 were determined as eligible for tax relief post 1 May. Of that 276,000, 242,000 have been getting the relief since 1 May, the remaining 34,000 have been getting the relief since 1 June and the mortgage relief for the month of May is also being paid automatically through the tax relief at source (TRS) system.
154,000 were determined as ineligible for tax relief post 1 May.
In the case of the remaining approximately 134,000 mortgage accounts (24% of the total), definitive entitlement or non-entitlement to mortgage interest relief could not be established by Revenue without making direct contact with the mortgage account holder. Revenue has now written to the vast majority of these mortgage account holders advising them of the new seven year rule. Where these account holders feel they have an entitlement to mortgage interest relief, they are asked to provide certain information about the account to Revenue. The remaining more complex cases, involving top up loans, are in the course of being written to by Revenue.
From the responses received, Revenue has acquired additional information needed to confirm continued eligibility for a further 26,000 accounts. Revenue will now recommence payment of mortgage interest relief from 1 July for these 26,000 accounts. Any arrears of tax relief due back to 1 May will also be paid automatically through the TRS system.
145. Deputy Róisín Shortall asked the Minister for Finance if, in respect of Appendix D of the Green Paper on Pensions, he will provide the same information in respect of PRSAs and of RACs for the last year for which figures are available. [26175/09]
Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the latest relevant information available is in respect of income tax relief allowed for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) for the income tax year 2006. RACs and PRSAs are available to the self-employed and to employees not in occupational pension schemes.
The information is set out in tables following this reply which provide the number of cases, amount of deduction and reduction in tax for tax relief for RACs and PRSAs for the various contribution ranges. The information is based on income returns contained in Revenue records at the time the data were compiled for analytical purposes, representing about 90% of all returns expected. A married couple who has elected or has deemed to have elected for joint assessment is counted as one tax unit.
146. Deputy Ciarán Lynch asked the Minister for Finance the numbers employed in the retail sector and the tax yield by way of income tax, levies and so on; the total tax yield from the retail sector; and if he will make a statement on the matter. [26230/09]
Minister for Finance (Deputy Brian Lenihan):
In terms of employment, the Central Statistics Office compiles data in respect of those employed in the wholesale and retail sectors, as distinct from just the retail sector. Total employment in the wholesale and retail sector in the first quarter of this year was 285,000 which amounted to 14.5% of total employment in the
economy.
I am informed by the Revenue Commissioners that the taxpayer is not required to specify the particular sector or sub-sector of economic activity that they are involved in. Consequently, the precise yield of tax revenues from the retail sector cannot be readily identified. Information [423]can, however, be provided on an estimated basis to indicate the approximate net amounts of taxes paid (i.e. after allowing for repayments) by taxpayers in the retail sector in relation to VAT (not including VAT on imports), PAYE, Income tax non-PAYE, Corporation tax and Capital Gains Tax. On this basis, the Revenue Commissioners estimate that a tax revenue yield of the order of €4.5 billion was collected under these tax heads in the year 2007 for the sectors categorised as being involved in the retail sector under the international recognised systems applied by Revenue. 2007 is the most recent year for which a reliable breakdown of data is available.
147. Deputy Leo Varadkar asked the Minister for Finance if he will postpone the issuance by the Valuation Office of final valuation certificates in view of the current economic situation; the impact this process will have on retailers as well as on local authorities’ income; and if he will make a statement on the matter. [26231/09]
Minister for Finance (Deputy Brian Lenihan): The revaluation exercise is governed by the terms of the Valuation Act, 2001, which, inter alia, provides that the specification of publication dates for valuation lists is a matter for the Commissioner of Valuation, who exercises that function by means of the making of Valuation Orders. In each case, the Valuation Order was made by the Commissioner of Valuation only after formal consultation with both the Minister for the Environment, Heritage and Local Government and the rating authority concerned, as required by the Act. The Act further provides that the Commissioner shall be independent in the performance of his functions.
148. Deputy Leo Varadkar asked the Minister for Finance the provisions relating to delegate’s allowance; if those provisions have changed in recent years; if the delegate’s allowance is awarded in addition to travel subsistence; and if he will make a statement on the matter. [26243/09]
Minister for Finance (Deputy Brian Lenihan): The criteria for the payment of delegate’s allowance to civil servants is set out in Circular Letters 4/79 (grades at Assistant Principal level and above) and 1/81 (grades at Higher Executive Officer level and below).
Officers who travel outside Ireland and Britain as members of a delegation representing Ireland at meetings of the EU or other international organisations or with representatives of another government or governments qualify for payment of delegate’s allowance. Additional payments are made to those who act as Chairpersons of EU committees or Working Groups during Ireland’s tenure of the EU Presidency. Travel abroad for the purposes of attendance at training courses, fact-finding or familiarisation visits, seminars or meetings held solely to exchange information does not qualify for payment of delegate’s allowance.
Delegate’s allowance rates are reviewed periodically. The last review took place in December 2003 in advance of the Irish Presidency of the European Union in 2004. The delegate’s allowance moves in line with general wage round increases. The current rates payable (effective from 1 September 2008) are as follows:
Delegate’s allowance is payable in addition to reimbursement of travel and subsistence expenses.
149. Deputy Róisín Shortall asked the Minister for Finance if he will establish with the Revenue Commissioners whether a person (details supplied) in Dublin 11 has been granted a PAYE credit for themself only and not their spouse; if this has been the case in all previous years; the practice in respect of a PAYE credit for a person who is a qualified adult on a spouse’s State pension; and if he will make a statement on the matter. [26269/09]
Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the PAYE tax credit is due against a variety of sources of income including occupational pensions and pensions payable under the Social Welfare Acts. However, irrespective of the number of sources of income against which the PAYE tax credit may be due, an individual is entitled to only one PAYE tax credit (currently €1,830) per annum.
As regards a pensioner couple where each spouse is in receipt of a separate social welfare pension plus an occupational pension, each spouse is entitled in their own right to the PAYE Tax Credit.
As regards a pensioner couple where one spouse is a dependant ‘qualifying adult’ on the other spouse’s pension book, the PAYE tax credit is due only to the spouse who has an entitlement to the pension and a separate PAYE tax credit is not due in respect of that element of the pension payable in respect of a dependant ‘qualified adult’.
For the couple in question, tax returns were submitted for the year 2006 & 2007. In these returns the pension was declared as paid to each of them separately and two PAYE Credits were claimed. However as one spouse is a dependant ‘qualifying adult’ on the other spouse’s pension book, one PAYE Credit is only due. Amended assessments issued for both years to show the correct position and the tax outstanding has been paid.
150. Deputy Terence Flanagan asked the Minister for Finance the details of print jobs carried out for his Department and being provided by companies based outside the Republic of Ireland; the dates of the awarding of these contracts; and if he will make a statement on the matter. [26279/09]
[425]Minister for Finance (Deputy Brian Lenihan): Since the formation of the present Government on 14 June 2007 to date in 2009 my Department has not sent material abroad for printing.
I have been informed by the Office of Public Works that the Government Supplies Agency placed no contracts on behalf of the Department of Finance in the years 2007-2009 with printers from outside the state. They have also informed me that their records indicate that there were no contracts or orders placed by Office of Public Works with printing companies outside Ireland under Government Supplies Agency contracts during the period in question.
In relation to the Office of the Revenue Commissioners, the Office of Public Works awarded two printing contracts to firms outside Ireland in the relevant period. The first of these, for a security overlay for C2 cards is a proprietary product and was awarded to a company based in Switzerland called Ovd Kinegram Ag in July 2007. The other contract, awarded in October 2008 to Howitt Limited, Nottinghamshire, England, was for the production of 2.5 million copies of a 16 page information booklet on the PAYE system and was valued at €96,618.40 (excluding VAT) The Contract was publicly advertised, to be awarded to the firm submitting the lowest suitable tender. Howitt submitted the lowest of 14 tenders and met all the requirements of the tender competition.
151. Deputy James Reilly asked the Minister for Health and Children if she will review a grant or funding application under the dormant accounts fund in respect of suicide prevention for an organisation (details supplied) in order to support this group in its efforts to prevent men committing suicide; and if she will make a statement on the matter. [25736/09]
167. Deputy P. J. Sheehan asked the Minister for Health and Children further to Parliamentary Question No. 158 of 28 April 2009, if she will confirm that her Department has completed the assessments made by Pobal of the applications received regarding suicide prevention; the amount set aside for funding of this project; if she will outline the way the current economic situation will affect the timeframe for the funding of this measure in view of the fact that the funding is provided for by the dormant accounts fund; if funding for the suicide prevention measures is being reconsidered to support other programmes; if so, the other programmes; and if she will make a statement on the matter. [25675/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 151 and 167 together.
The Department of Community, Rural and Gaeltacht Affairs, through POBAL, invited applications for funding under the suicide prevention measure. €1m was identified to fund the measure. Funding decisions are made by Government on the basis of recommendations made by the Economic and Social Disadvantage Interdepartmental Committee, which is chaired by my colleague, the Minister for Community, Rural and Gaeltacht Affairs.
My Department is considering the assessments made by POBAL of the applications received and, in light of the current national economic situation, is also considering the timeframe for the funding of this measure. Recommendations in this regard will be made to the Interdepartmental Committee shortly.
152. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children her plans to establish a new national programme of wet facilities on the basis of a harm reduction approach; and if she will make a statement on the matter. [25759/09]
[426]Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.
153. Deputy Mary Upton asked the Minister for Health and Children the position for parents of children born during June, July or August 2006 in respect of the new child care grant (details supplied), particularly where these children have already been accepted to enrol in national schools in September 2010; and if she will make a statement on the matter. [25902/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware I have responsibility for the implementation of the new scheme to provide a free Pre-School year of Early Childhood Care and Education (ECCE) which will be implemented from January 2010.
The scheme will allow qualifying children to avail of a free pre-school place in the year before they commence primary school. The scheme is open to all private and voluntary pre-school services which are notified to the Health Service Executive (HSE) or registered with the Irish Montessori Educational Board (IMEB). Sessional playschools will, normally, participate in the scheme by providing the pre-school year for 3 hours a day, 5 days a week over 38 weeks while full or part-time daycare services will, normally, participate by providing the pre-school year for 2 hours, 15 minutes a day, 5 days a week over 50 weeks.
While exceptions to the upper age limit will be allowed where children have been assessed by the Health Service Executive as having a special need which will delay their entry to primary school, or it is necessary to accept children at an older age due to the enrolment policy of local primary schools, participating children must, normally be aged between 3 years 3 months and 4 years 6 months on 1 September of each year.
In January 2010, children will be eligible if they were born between 1 March 2005 and 30 June 2006. Children born after 30 June 2006 will be eligible for the free Pre-School Year from September 2010. Most children commence school at around 5 years of age and it is considered that the 15 month age range provided for under the scheme, recognises this position while allowing flexibility to parents to assess the best time for their child to commence school.
154. Deputy Noel J. Coonan asked the Minister for Health and Children the person who is charged with processing applications for the 2009 back to school, clothing and footwear scheme in north Tipperary in view of the fact that community welfare officers are over burdened; and if she will make a statement on the matter. [26153/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.
155. Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if she will consider the case of persons (details supplied) in County Meath who have applied for domiciliary care allowance; if approval will be given; and if she will make a statement on the matter. [26218/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
156. Deputy Paul Connaughton asked the Minister for Health and Children if her attention has been drawn to the fact that some community welfare officers in County Galway are not accepting applications under the back to school clothing and footwear scheme due to staff shortages; if this situation prevails nationwide; if applications made under the scheme will be posted directly to a Health Service Executive county headquarters office; if her further attention has been drawn to the importance of this scheme to thousands of low income families; and if she will make a statement on the matter. [26256/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.
157. Deputy Jan O’Sullivan asked the Minister for Health and Children if the back to school clothing and footwear allowance will be administered by community welfare officers in local health centres in 2009; if not, the arrangement for applying for and receiving this allowance; and if she will make a statement on the matter. [26303/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.
158. Deputy Jan O’Sullivan asked the Minister for Health and Children the progress made with the Vietnamese authorities on agreeing arrangements for intercountry adoptions between Ireland and Vietnam; the obstacles which remain; when she expects an agreement to be in place; and if she will make a statement on the matter. [26502/09]
161. Deputy Michael D. Higgins asked the Minister for Health and Children the position regarding the ongoing crisis in the area of intercountry adoption which is affecting many families nationwide, particularly between Ireland and Vietnam, as well as between Ireland and other countries; if there has been recent communication between Ireland and Vietnam on the matter; the advice she will offer those people who have been on the applicant list often for a period of many years for adoption; when she expects that the situation will be rectified; and if she will make a statement on the matter. [25650/09]
186. Deputy Dinny McGinley asked the Minister for Health and Children the position regarding the proposed interim agreement between Ireland and Vietnam; and if she will make a statement on the matter. [25812/09]
214. Deputy Noel J. Coonan asked the Minister for Health and Children the position regarding the bilateral agreement between Ireland and Vietnam; if progress has been made regarding the request for an interim agreement; her views on whether the situation is unacceptable and leaves many families in distress; and if she will make a statement on the matter. [26087/09]
251. Deputy Michael D. Higgins asked the Minister for Health and Children if she will confirm that her Minister of State for Children will travel to Vietnam to bring to an end the ongoing crisis in intercountry adoption, which is continuing to cause distress to many families here; the position as regards the impasse in this area; and the steps which have been taken to date by her to resolve same. [26342/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to take Questions Nos. 158, 161, 186, 214 and 251 together.
[428]As Deputies are aware, my Office is continuing to work actively to create the appropriate legislative, policy and administrative frameworks that will ensure that a properly regulated regime of adoption is in place in Ireland. Our aim is to support and protect prospective adoptive parents and, even more importantly, the children for whom adoption services are devised and provided.
The promotion of a child’s best interests is the fundamental principle that not only supports the development of a national child care and protection system but also ensures that an ethical and child-centred approach to inter-country adoption is adopted and consistently pursued in Ireland. Inter-country adoption does not occur in a vacuum — rather, it occurs across jurisdictions and spans complex areas of family law, child protection and welfare. It must be legislated for, managed and understood in that context. Inter-country adoption requires a shared responsibility and respect between States in order to ensure that the best ethical practices to support the interests of children, and to safeguard them against their abduction, sale or trafficking, are practised and upheld.
As you know, the Adoption Bill, 2009, was initiated in the Seanad and has recently passed all of the stages in that House. The Bill will continue to be prioritised by the Government for its passage through the Oireachtas.
I firmly believe that the Bill, which includes the regime of the Hague Convention, provides an assurance for individual children, for their families and for the State that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. As such, it is the intention of the Government, as the Deputies are well aware, that all inter-country adoption will now meet the standards of the Hague Convention.
I have reported in detail to both Houses on the situation regarding the reasoning for and actions taken to support the negotiation of a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam in recent weeks. This position has not fundamentally changed since my last statement on the matter. The process has been on-going since the beginning of 2008 and the dialogue with the Vietnamese authorities is continuing.
Many Deputies have, in recent weeks, sought guarantees on and specific timeframes for the conclusion of the discussions on a new agreement with the Socialist Republic of Vietnam. I must reiterate that all options, including an interim inter-country adoption agreement, are actively being pursued by the Government to finalise these discussions. I must also stress the point that it is not possible for me to either give a timetable or anticipate when this process will be concluded. The negotiations remain live and a request to set up an interim inter-country adoption agreement, which was issued to the Vietnamese authorities on 20 May last via the Department of Foreign Affairs, has been made. It is now a matter for the Vietnamese authorities and, as such, it would be improper for the Government to seek to influence or interfere with their decision-making process.
The Socialist Republic of Vietnam is a sovereign state and the decisions that it makes regarding the internal regulation and management of its adoption services must be treated sensitively as appropriate to a sovereign state. My priority is to conclude discussions with the Vietnamese Government on a new bilateral inter-country adoption agreement and to avoid any debate outside of that process that could potentially jeopardise or interfere with these discussions. In the meantime, my officials will continue to be in regular contact with the Department of Foreign Affairs and with the Embassy on the ground in Hanoi.
I can assure you that the work to prepare for and advise the Government on a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam has been given, and [429]continues to be given, the very highest priority by my Office. I remain completely committed to finalising discussions on the text of the agreement with the Vietnamese authorities. I have explained the reasons for the renegotiation of the existing agreement and am acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents. I will be in Vietnam on the week commencing on 29 June, the itinerary for which visit has been compiled with the assistance of the Irish Embassy in Hanoi. I will issue a statement on the visit on my return from Vietnam.
My Office has also been working actively to assess the possibilities of entering into bilateral inter-country adoption agreements with a small number of other countries from which Irish applicants have traditionally adopted — including the Russian Federation and the Federal Democratic Republic of Ethiopia.
While every effort will be made to conclude a bilateral inter-country adoption agreement with the relevant authorities in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be determined to a considerable degree by the Governments of these sovereign States.
The decision regarding the country of choice from which to adopt is a matter for prospective applicants. This choice obviously should have regard to their personal preference, their knowledge of and/or connection with the proposed country of origin, and the status of the country as a contracting State either to the Hague Convention or to a bilateral agreement. However, I would respectfully suggest that any applicant seeking to proceed with an adoption from a non-Hague country or a country with which Ireland does not have a bilateral agreement should have regard to the likelihood of the adoption being completed in advance of the Bill being commenced.
159. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive a date for an operation at Beaumont Hospital, Dublin; and if she will make a statement on the matter. [25639/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
160. Deputy Joe Costello asked the Minister for Health and Children the reason a person (details supplied) in Dublin 11 has not obtained a date for their operation; the further reason they have not been referred to the National Treatment Purchase Fund; and if she will make a statement on the matter. [25642/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.
Question No. 161 answered with Question No. 158.
162. Deputy Jack Wall asked the Minister for Health and Children the position regarding [430]an appeal under the health repayment scheme for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25653/09]
Minister for Health and Children (Deputy Mary Harney): The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the scheme administrator under the Health (Repayment Scheme) Act 2006.
The claimant referred to by the Deputy lodged an Appeal Form with the Health Repayment Scheme Appeals Office on 29 April 2008. An Appeals Officer carefully and thoroughly considered and assessed this appeal and issued a written decision to the claimant on 26 June 2009. A copy of this decision was sent to the Scheme Administrator and to the Health Service Executive for implementation.
163. Deputy Phil Hogan asked the Minister for Health and Children if there is a proposal to change the status of the specialist laboratories at Waterford Regional Hospital; and if she will make a statement on the matter. [25662/09]
Minister for Health and Children (Deputy Mary Harney): In February 2009 the HSE announced that, as part of its ongoing transformation of services, it was launching a programme to modernise medical laboratory services. The HSE plans to implement a unified, co-ordinated service which will improve the quality and turnaround times for these essential diagnostic services.
This work will be informed by the report, Implementing a new system of service delivery for Laboratory Medicine Services, by Teamwork Management Services, which the HSE has published. I welcome the fact that the HSE is involving key stakeholders, including the Faculty of Pathology, Royal College of Physicians and the Medical Laboratory Scientists Association, in the development of the implementation plans.
The specific question in relation to Waterford Regional Hospital is a matter for the HSE and I have, therefore, referred the Deputy’s question to the Executive for direct reply.
164. Deputy James Reilly asked the Minister for Health and Children her views on facilitating or issuing a directive to the Health Service Executive to facilitate the collection of cord blood by a company (details supplied) in County Wicklow; and if she will make a statement on the matter. [25664/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
165. Deputy Bernard Allen asked the Minister for Health and Children when a decision will be made on the application in respect of by a person (details supplied) in County Cork. [25670/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
166. Deputy Ruairí Quinn asked the Minister for Health and Children if she received correspondence from a person (details supplied) in County Wicklow regarding the early childhood care and education scheme; if she will provide a copy of the response, or a detailed summary of the reply sent to this person; and if she will make a statement on the matter. [25674/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware I have responsibility for the implementation of the new scheme to provide a free Pre-School year of Early Childhood Care and Education (ECCE) which was announced recently by the Minister of Finance.
It is proposed to issue contracts setting out the requirements of the scheme and their associated terms and conditions in full detail next month. Services will be approved for entry to the scheme subject to them meeting and agreeing to the contractual requirements. It is open to any service approved for entry to the scheme to decide not to proceed at the point of receiving the contract. It is also open to any applicant to seek and pay for legal advice on the contract if they consider this to be necessary or appropriate. All participants will be required to provide a valid tax clearance certificate and keep appropriate records and accounts of their business. This is not expected to be any more onerous on a service than would normally be the case in meeting Revenue requirements, etc.
With regard to the requirement related to fee policies, it should be noted that where a service offers additional hours or services to parents, as clearly optional extras, it is free to charge parents for these where they choose to avail of them. This should not be confused with a service charging a “top up” fee and, in all cases, participating services must ensure that parents are given access to the free pre-school year irrespective of whether they choose to avail of such additional hours or services.
The provision of a valid tax clearance certificate is a standard requirement where public funding is being provided and data protection issues do not arise. With regard to the return to be made by participating services in January 2010, to establish the number of qualifying children enrolled, this will involve a simple input of data by each service similar to the return currently made by services participating in the community childcare subvention scheme (CCSS) which is also implemented by my Office. While there is no special competence required to make the return, I expect that the City and County Childcare Committees will assist services which require guidance on the return, as they did in the case of the CCSS.
The initial processing of application forms is being undertaken by the City and County Childcare Committees. I understand that they will log the applicants’ details and seek confirmation from the relevant Pre-School Inspector that services can be considered to be in compliance with the Child Care (Pre-School Services) (No. 2) Regulations 2006 for the purposes of the scheme. All applications received by the Childcare Committees will be forwarded to the Childcare Directorate of my Office.
With regard to the particular circumstances of the service referred to by the Deputy, in that it is unable to open for more than 48 weeks of the year due to the conditions of its leasing arrangement, I would suggest that when the service in question is forwarding an application to operate on the basis of the 38 week model, it also forwards an application to operate on the basis of the 50 week mode, and outlines the particular difficulties it has in this regard.
Síolta is the national quality framework for early childhood education in Ireland and comprises a set of nationally devised and evidenced based principles, standards and components of quality in all dimensions of practice in early childhood education in Ireland. It was developed through extensive consultation with all stakeholders in the early childhood care and education [432](ECCE) sector in Ireland and is applicable for all settings where children aged birth to six years are present e.g. (full and part time day-care, sessional preschools and play groups, infant classes in primary schools and childminder settings). The Síolta Principles presents a highly endorsed vision for quality practice in early childhood care and education settings in Ireland and reflects our unique historical and cultural context. Síolta has been designed to promote quality improvement in ECCE settings and in addition to informal engagement with Síolta in everyday practice, ECCE services and practitioners may also register to participate in a more formal quality assurance programme which will require engagement with structured internal and external assessment processes, evidence collection and documentation. The Síolta Quality Assurance Programme (QAP) is supported by Síolta Co-ordinators. To date three Síolta Co-ordinators have been recruited and have undergone a rigorous induction process. They are currently supporting clusters of services in the three Dublin based Prevention and Early Intervention Programmes on the Síolta QAP. It is anticipated that the required additional coordinators will be recruited through the National Childcare Voluntary Organisations over the coming months. Each Síolta Coordinator will report, in the first instance to their individual employer, however the Early Years Education Policy Unit will provide induction and direct supervision on the implementation of the Síolta QAP.
In response to the specific queries contained in the letter, a service implementing the Early Years Foundation Management Programme or any other evidence based early childhood care and education programme (e.g. Montessori, High Scope, Steiner) will have no difficulty engaging with the Síolta Principles and Standards.
The National Nursery Education Board examination has been established as equivalent to a level 6 award on the National Framework for Qualifications (NFQ) in Ireland. As the Scheme stands the NFQ requirements relate to the pre-school leaders and not to other staff, although all staff are encouraged to avail of training, which will improve the quality of the service provided, and their own career prospects.
I launched a consultative process on developing the workforce in the ECCE sector on June 12th 2009. This consultation process seeks submissions on core questions relating to access and effective participation in education and training programmes. The consultation process is due to close on September 30th 2009 and it is anticipated that a Workforce Development Plan will be developed soon thereafter.
Question No. 167 answered with Question No. 151.
168. Deputy James Reilly asked the Minister for Health and Children when, taking into account the Ryan report and other cases of abuse highlighted in the media she will introduce independent inspections for units which house intellectually disabled persons; the measures she has put in place to ensure such inspections take place; and if she will make a statement on the matter. [25677/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): A Standards Advisory Group was established by HIQA to develop National Quality Standards on Residential Services for People with Disabilities. The Group comprised officials of HIQA, my Department, the HSE, service providers, organisations representing people with disabilities and service users, and met on a number of occasions during 2008. Following a public consultation process initiated by HIQA, the proposed standards were formulated and have now been published.
[433]These standards will provide a national framework for quality, safe services for people with disabilities in a residential setting and relate only to adult services at present.
Given the current economic situation, to move to full statutory implementation of the standards, including regulation and inspection, presents significant challenges at this time. However, notwithstanding the difficulties of immediate statutory implementation, my Department, the HSE and HIQA have agreed that progressive implementation of the Standards will now commence, and that they will become the benchmark against which the HSE assesses both its own directly operated facilities and other facilities that the HSE funds. Further discussions will take place regarding the introduction of an appropriate level of external validation for relevant settings.
In relation to children’s services, all children in residential services under the age of 18 are covered by the Children First National Guidelines for the Protection and Welfare of Children. Children with disabilities in generic residential centres under the Child Care Act, 1991, are covered by the standards and inspection regimes already applying to those centres. In relation to children with disabilities in other residential centres, Recommendation No. 12 of the Ryan Commission report states that “All services for children should be subject to regular inspections in respect of all aspects of their care”. An implementation plan for the recommendations of the Ryan Commission report is being prepared by the Office of the Minister for Children and Youth Affairs, and will be submitted to Government by the end of July. The Plan will include proposals to implement in full, all the recommendations of the Commission, including identifying costs of implementation.
169. Deputy James Reilly asked the Minister for Health and Children if she will report on the plans to open Bracken House, Julianstown, County Meath for intellectually disabled people; and if she will make a statement on the matter. [25679/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
170. Deputy James Reilly asked the Minister for Health and Children the reason, in respect of the unit for intellectually disabled people in Portrane, County Dublin, nine applicants for the post of senior psychologist were interviewed for this position, nine applicants were offered the post and nine applicants refused the position; the further reason the post is not filled; if the offer of employment or contract is defective in some way; if not, the reason nine applicants refused the offer of employment. [25684/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
171. Deputy James Reilly asked the Minister for Health and Children her views on relocating the facility for homeless children to a more convenient location (details supplied) in the Dublin city centre, where most of the children come from as concerns have been expressed by the children’s representatives in view of the fact that the suitability of the current location in County Dublin and concerns have also been expressed by residents in the area and representatives of residents at some of the facilities adjacent; and if she will make a statement on the matter. [25691/09]
[434]Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
172. Deputy Chris Andrews asked the Minister for Health and Children the number of pharmacists registered here in March 2008; and the number of pharmacists registered as of March 2009. [25692/09]
Minister for Health and Children (Deputy Mary Harney): Under the Pharmacy Acts 1875 — 2007, the Pharmaceutical Society of Ireland (PSI) has responsibility for maintaining the register of pharmacists. I am informed by the PSI that the total number of persons registered as pharmacists as at 31 March 2008 was 4553, and as at 31 March 2009 was 4484.
173. Deputy Fergus O’Dowd asked the Minister for Health and Children the nature and outcome of any value for money audit carried out by her Department during the past three years; and if she will make a statement on the matter. [25709/09]
Minister for Health and Children (Deputy Mary Harney): Three reviews were carried out under the auspices of my Department as part of the Government’s programme of Value for Money and Policy Reviews 2006-2008.
The ‘Review of the Equal Opportunities Childcare Programme’ was completed in June 2007. The report has been published on the website of the Office of the Minister for Children and Youth Affairs and the recommendations are currently being implemented.
The ‘Review of the Efficiency and Effectiveness of Long Stay Residential Care for Adults in Mental Health Services’ and the ’Review of the Allocation and Utilisation of Funding in Acute Services in the Southern Hospitals Group’ have been completed. Implementation plans for both reviews are currently being finalised, following which the reviews will be laid before the Houses of the Oireachtas and published.
174. Deputy Fergus O’Dowd asked the Minister for Health and Children if she will outline the money spent by the Health Service Executive on public and private transport for each of the past five years; if a value for money audit has been conducted on such expenditure; the result of same; if the HSE has a transport policy in place for each acute hospital; and if she will make a statement on the matter. [25714/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
175. Deputy James Reilly asked the Minister for Health and Children the number of consultants, registrars, senior house officers on the breast cancer team in Waterford; the number of cases which have been referred to them in the first six months of 2009; the number of these cases which have had breast cancer; her views on whether the staffing levels are sufficient; and if she will make a statement on the matter. [25719/09]
Minister for Health and Children (Deputy Mary Harney): The National Cancer Control Programme (NCCP) has informed my Department that the Breast Cancer Team at Waterford [435]Regional Hospital (WRH) consists of two Breast Surgeons and arrangements are in train for the appointment of a third Consultant to the Team. From the 1st of July 2009, a dedicated Registrar and Senior House Officer will be assigned to the Breast Surgery service.
NCCP has provided additional revenue funding of €1,198,000 in 2009 to support the development of breast services at WRH. This funding has supported additional Consultant appointments in surgery, radiology and anaesthesia, along with 6 support posts in respect of radiography, nursing and clerical grades.
The NCCP is satisfied that the current staffing levels in Waterford are adequate to meet current activity levels. However, the NCCP will continue to monitor resources and activity levels in the eight designated cancer centres and adjust funding and resources if required.
In the period January to May 2009, a total of 1,695 referrals were received and 91 cancer cases were diagnosed.
176. Deputy James Reilly asked the Minister for Health and Children if she will review the embargo on recruitment in hospitals and other health facilities to facilitate the training modules of pharmacy students who cannot qualify unless they receive one year’s pre-registration training in a hospital or community facility; and if she will make a statement on the matter. [25727/09]
Minister for Health and Children (Deputy Mary Harney): The Government decision to introduce a moratorium across the public service allows for certain posts in the health sector to be filled, through exemptions in the employment control framework for front line posts. Provision has been made within the employment control framework of the HSE for the continuation of the normal arrangements in relation to the filling of clinical placements, rotations and training positions for health care professionals, including trainee pharmacists. The Pharmaceutical Society of Ireland has been in discussions with the HSE concerning the number of placements available in the hospital sector and to ascertain whether there is an opportunity to increase the throughput of students in this area.
Pharmacy graduates have tended to undertake 12 months of pre-registration training in one establishment e.g. a community or hospital pharmacy. However, it is possible for students to undertake two 6 months placements, one of which must be in a community or hospital pharmacy and the second 6 months in another establishment relevant to the practise of pharmacy e.g. in the pharmaceutical industry, academia, etc.
The PSI has prepared a contingency plan in the event that there is a shortfall in the number of placements available this year. I welcome the initiative of the PSI in developing a contingency plan that will endeavour to ensure that all of the students are enabled to acquire a ‘qualification appropriate for practice’ and thereby to obtain registration as pharmacists and practice their profession. The PSI’s plan will require the full support of the HSE, community pharmacies and the pharmaceutical industry, as well as tutor pharmacists across all sectors of practice, either in the community, hospital, industry, academic and regulatory sectors, if it is to succeed. I would urge all concerned to support the PSI in this initiative.
177. Deputy Liz McManus asked the Minister for Health and Children if she will outline in respect of a hospital (details supplied) in County Dublin, the number of persons who died solely as a consequence of contracting C. difficile in 2008; the number of persons who died as a consequence of their condition being complicated by C. difficile in 2008; the action taken by [436]this hospital to address this problem; if the hospital presently poses a serious risk to patients; and if she will make a statement on the matter. [25728/09]
Minister for Health and Children (Deputy Mary Harney): Tackling Health Care Associated Infections (HCAIs), including C. difficile continues to be a priority for the Government and the Health Service Executive (HSE).
Up until May 2008, C. difficile was not a notifiable disease and, as a result, it was difficult to quantify the extent of infection in the health care system. Since May 4th 2008, all cases are required to be notified to the relevant Department of Public Health. The number of cases reported nationally from May to December 2008 was 1625 and from January to June 2009 was 946.
Guidelines for the Surveillance, Management and Control of C. difficile- associated disease were published on 22nd May 2008 by the Health Protection Surveillance Centre in the HSE. They give national guidance and deal with the isolation of C. difficile ribotype 027 for the first time in Irish Hospitals. They are a valuable resource in assisting in the prevention, management and control of this infectious disease.
The information the Deputy is seeking particularly hospital level data and mortality data is not readily available in the format requested. I have, therefore, requested the HSE to provide this information directly to the Deputy.
178. Deputy James Reilly asked the Minister for Health and Children if she will outline the circumstances where the fee of €100 for a visit to a Hospital Emergency Department is waived or considered inapplicable; the protocol regarding charging of fees in circumstances of medical emergency or urgent medical need when a patient finds himself away from home and their normal general practitioner, but enter an emergency department of a hospital for assistance; and if she will make a statement on the matter. [25730/09]
Minister for Health and Children (Deputy Mary Harney): The €100 outpatient charge for attendance at a designated Accident and Emergency Department is not applicable to persons with full eligibility; women receiving services in respect of motherhood; children up to the age of six weeks; children suffering from prescribed diseases or disabilities (the exemption applies only to treatment for the prescribed condition); children referred from treatment from child health clinics and school health examinations; persons receiving services for the diagnosis or treatment of infectious diseases under Part 1V of the Health Act 1947; persons undergoing tests for the purpose of ascertaining the presence of a disease, defect or condition that may be prescribed under section 70 of the Act; persons deemed to be persons with full eligibility by the Chief Executive for the purposes of the services concerned (hardship clause) (section 45 (7) of the Act); persons who have a letter of referral from a registered medical practitioner; persons whose attendance results in admission as an in-patient; holders of a Health (Amendment) Act Card.
The prescribed diseases and disabilities referred to are mental handicap, mental illness, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, haemophilia, and cerebral palsy.
Other than in the circumstances described above, a person with limited eligibility is liable for the charge concerned.
179. Deputy James Reilly asked the Minister for Health and Children if she will ensure that [437]places for trainee clinical psychology for 2009 are not affected by the recruitment embargo and that they are exempt from the embargo to ensure a continuous supply of clinical psychologists; and if she will make a statement on the matter. [25731/09]
Minister for Health and Children (Deputy Mary Harney): The immediate objective is to maintain the number of training places at current capacity. The HSE HR Circular 015/2009 (Moratorium on Recruitment and Promotions in the Public Services — Revised Employment Control Framework for the Health Services) states that the moratorium on recruitment does not apply to clinical psychology grades. In 2009, nationally, 32 trainees will graduate from Clinical Doctoral programmes and 31 new trainees will commence training. It is planned to further develop training opportunities, to meet legislative and service delivery requirements, to 156 training places nationally by 2012.
The Health Service Executive is aware of the increasing requirement for the provision of clinical psychological services. Cognisant of and working within the restrictions of the current employment control framework for the health services, the HSE is committed to ensuring the availability of Clinical Psychologists within the health sector. It is also committed to maintaining the number of postgraduate training places available nationally for clinical psychology training. I understand this currently stands at 107 places, distributed across four National Universities — University of Limerick, University College Galway, Trinity College Dublin and University College Dublin.
180. Deputy James Reilly asked the Minister for Health and Children if a medical group (details supplied) is compliant with the necessary regulations in the Companies Registration Office; if its required submissions are up to date; if the necessary and up-to-date accounts have been filed with the Companies Registration Office as per its regulations; if she has made the necessary inquiries to ensure this group is compliant with CRO regulations; and if she will make a statement on the matter. [25737/09]
Minister for Health and Children (Deputy Mary Harney): The company concerned is not involved in contractual dealings with the Department of Health and Children, but with the Health Service Executive. The question has been referred to the HSE for appropriate attention.
Generally, policy on compliance with company law and the operation of the Companies Office are matters for the Minister for Enterprise, Trade and Employment.
181. Deputy Paul Kehoe asked the Minister for Health and Children her views on the problems being experienced by the Health Service Executive and the unions with regards to the introduction of the incentivised scheme for early retirement; and if she will make a statement on the matter. [25781/09]
Minister for Health and Children (Deputy Mary Harney): The incentivised scheme of early retirement in the HSE which is provided for in Circular 8/2009 does not apply to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities.
Members of all other grades who meet the eligibility criteria will have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to [438]redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential.
My Department has been informed by the HSE that the majority of health service trade unions have recently issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme.
However, applications can be made to the relevant employer in anticipation of a resolution of the industrial relations issues. Talks are continuing on the issue and it is hoped that a satisfactory resolution will be found.
182. Deputy Bernard J. Durkan asked the Minister for Health and Children when a hospital appointment will be offered to a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [25784/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
183. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25785/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
184. Deputy Bernard J. Durkan asked the Minister for Health and Children when home help hours will be restored to a person (details supplied) in County Kilkenny; when speech and language services and occupational therapy services and child psychology services will be offered to them; and if she will make a statement on the matter. [25786/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
185. Deputy Joan Burton asked the Minister for Health and Children the number of persons under 18 years of age currently in State care who do not have an allocated social worker; the number of these persons in residential and foster care respectively; and if she will make a statement on the matter. [25818/09]
[439]Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
Question No. 186 answered with Question No. 158.
187. Deputy Jack Wall asked the Minister for Health and Children if she will assure a person (details supplied) in County Kildare that their next appointment will not be cancelled; and if she will make a statement on the matter. [25819/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
188. Deputy Terence Flanagan asked the Minister for Health and Children if she will respond to a matter (details supplied). [25822/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware I have responsibility for the implementation of the new scheme to provide a free Pre-School year of Early Childhood Care and Education (ECCE) which was announced recently by the Minister of Finance. The scheme allows for a number of options in terms of the delivery of the Pre-School Year with the standard models being either 38 or 50 weeks. Under the 38 week model, the requirement will be to provide the Pre-School Year over 183 days (i.e. the equivalent of 36.6 working weeks) which is the same as the primary school year. Service will be asked to operate in a way which is as consistent as possible with local primary schools, closing for public holidays, mid-term breaks, etc. Participating services will be expected to meet their operational costs, including payment of staff in respect of statutory entitlements to paid leave, from within the capitation grant.
The Pre-School Year has been designed to provide children with an appropriate level of programme based activities over a regular timeframe and in settings of an appropriate size and age range. In this latter regard, children availing of the Pre-School Year will fall within a 15 month age cohort. Many parents currently enrol their children in play-school services for 2 years over the 3 to 5 year age range. The ECCE will not prevent them from continuing to do so but will allow them to avail of one of these years free of charge.
It is a fundamental principle of the scheme that it is available to parents free of charge. Services may, however, provide charge parents for additional services provided these are clearly optional to parents and provided appropriate programme based activities continue to be provided to children not availing of such services during the Pre-School Year hours. It is considered that the capitation fee has been set at a reasonable rate for the great majority of services, however, it is accepted that some services may wish to remain outside the scheme, as is the case with some fee paying primary schools.
Information relating to the scheme is available from the Childcare Directorate of my Office and is also on the website at www.omcya.ie. Information packs were sent out to over 4,800 pre-school services earlier this month and I understand that over 300 applications have been processed to date by the City and County Childcare Committees and will now be considered for approval within my Office. Contracts relating to entry to the scheme will be issued to services approved for entry to the scheme from next month.
189. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive a hospital appointment for an urgent treatment; and if she will make a statement on the matter. [25823/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
190. Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding an appointment for a person (details supplied) in County Louth; and if she will make a statement on the matter. [25825/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
191. Deputy John Perry asked the Minister for Health and Children if she will ensure that a medical card will be issued to a person (details supplied) in County Sligo as soon as possible. [25828/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
192. Deputy Billy Timmins asked the Minister for Health and Children the position in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [25841/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.
193. Deputy Seymour Crawford asked the Minister for Health and Children the amount of money spent on taxi services for patient transport in each of the counties Cavan and Monaghan for each of the years 2005 to 2008, inclusive; if she is satisfied that all of the money was used for patient transport, or if taxi services were used for other purposes; and if she will make a statement on the matter. [25846/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
194. Deputy Joan Burton asked the Minister for Health and Children the amount of interest paid by her in respect of the late payments for goods or services contracted by her Department for the past five years to date in 2009; the steps being taken to ensure that money is appropriately spent and that payments are made on time; and if she will make a statement on the matter. [25865/09]
Minister for Health and Children (Deputy Mary Harney): The total amount of Prompt Payment Interest paid by my Department during the five years 2004 to 2008 amounted to €19,442. No prompt payment interest has been paid to date in 2009. My Department’s purchasing and procurement policies and its payments procedures are designed to ensure that value for money [441]is achieved and that no undue delays occur in the processing and payment of valid invoices. In addition, my Department is subject to the provisions of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 and the commitment that central Government Departments pay suppliers within 15 calendar days in respect of valid invoices received from 15 June 2009.
195. Deputy Róisín Shortall asked the Minister for Health and Children the position with regard to the renewal of a medical card in respect of a person (details supplied) in Dublin 11. [25871/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
196. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her attention has been drawn to the fact that four children died in workplaces in 2008; if she has had discussions with the Department of Enterprise, Trade and Employment on this issue; her plans to initiate a programme that will ensure children are safe in the workplace; and if she will make a statement on the matter. [25872/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have consulted with my colleague, Tánaiste Mary Coughlan in the Department of Enterprise, Trade and Employment regarding this matter. The Health and Safety Authority, which operates under the auspices of the Department of Enterprise, Trade and Employment, and is responsible for the administration and enforcement of occupational health and safety legislation in Ireland recently published its 2008 annual report. The report points out that the number of work-related deaths reported in 2008 was 57 compared to 67 in 2007. Of the 6 non-worker fatalities in 2008, 4 of these were children and 3 of these occurred in the agriculture area.
This is a matter of concern and I know that the Authority is working to raise awareness of farm safety issues and has encouraged the establishment of appropriate training within the sector to help develop a sustainable health and safety culture in agriculture. Safety of children on farms received particular attention in 2008 during the Authority’s inspection and promotional events. Specifically, the Authority:
Distributed a safety booklet ‘Stay Safe on the Farm with Jessy’, to all national schools and libraries in the country, to raise awareness of the dangers for children on farms.
Developed and updated guidance on child safety, safety for the elderly and the safe use of All Terrain Vehicles (ATVs)
Ran a slogan competition for national school children on farm safety in the Kilkenny, Kildare and Carlow catchments.
In 2009, as well as continuing to focus inspections in agriculture on the issues of child safety, the Authority is also working to mainstream health and safety at all levels of education, from early-learning through to third level. In this regard, it has made a number of submissions to the National Council for Curriculum and Assessment (NCCA) about different aspects of the syllabus including the agricultural science syllabus (Senior Cycle).
197. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of children in residential care who are waiting for psychological assessments from the Health Service Executive; and if she will make a statement on the matter. [25873/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
198. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of complaints that have been made by or on behalf of children in residential care or foster care with regarding the standard of care that they are receiving, for each of the past five years; the details of these complaints; and if she will make a statement on the matter. [25874/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
199. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her plans to incorporate recommendations made by the Dáil na nÓg council on mental health strategies for young people; and if she will make a statement on the matter. [25875/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): The main focus of the Dáil na nÓg 2008 Council was the development of a positive mental health advertising campaign aimed at teenagers. In October 2008, the Office of the Minister for Children and Youth Affairs conducted a series of national consultations with 277 teenagers in six locations around the country in cooperation with the Office for Disability and Mental Health and the HSE’s National Office for Suicide Prevention. Young people from the Dáil na nÓg Council 2008 were involved in conducting these consultations. The consultations allowed teenage participants to identify the issues of most importance to them using the heading “Teenage Mental Health: What helps and What hurts?”. The outcome of this consultation process was published on 15th June 2009.
The findings of the report will inform a national information campaign targeted at young people. In Budget 2009, €1 million was provided to fund this campaign which will be undertaken by the National Office for Suicide Prevention in partnership with a range of statutory and voluntary agencies. The development of the campaign is at an advanced stage and is expected to be launched in September.
200. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the details of all inspections of institutions that cater for children that have been carried out by the Health Information and Qualify Authority since its inception; and if she will make a statement on the matter. [25876/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): The policy of the Health Inspection and Quality Authority (HIQA) is to publish all inspection reports. Since the Authority’s establishment in 2007 a total of 133 inspections of services that cater for children have taken place.
The breakdown of inspections across each year since the Authority’s establishment is as follows:
| Type of Service | 2009 (YTD) | 2008 | 2007 (May-December) |
|---|---|---|---|
| Children’s Residential Centres | 35 | 56 | 9 |
| Detention Schools | 2 | 2 | — |
| High Support Units | 4 | 11 | — |
| Special Care Units | 3 | 6 | 3 |
| Foster Service* | — | 1 | 1 |
Full details of all inspections undertaken since the establishment of the Authority are available on-line from www.hiqa.ie
201. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of Health Service Executive staff who work with children and are waiting for Garda clearance; the locations at which these individuals are employed; and if she will make a statement on the matter. [25877/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
202. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of foster homes here. [25878/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
203. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of foster homes that have been inspected by the Health Information and Quality Authority since 2007; and if she will make a statement on the matter. [25879/09]
204. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her plans to increase the number of the Health Information and Quality Authority inspectors to inspect foster care services; and if she will make a statement on the matter. [25880/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): Responsibility for the inspection of foster services rests with the Social Services Inspectorate (SSI) of the Authority. It is important to stress that it is the foster service as opposed to the foster home which is inspected. The foster home is but one component in this robust process which also includes interviews with children in foster care and their foster carers, an assessment of social work records, and detailed interviews with the two branches of social services related to fostering — child and family social workers and the fostering team. On the basis of this process, judgement is reached in respect of the foster service provided. In general, inspections of foster services have demonstrated a high standard of care being provided.
The number of children in foster care, across a high number of individual homes, precludes the inspection of every home, and as a result the SSI team have implemented a rigorous methodology to select a representative sample of services for inspection based on the profile of [444]children in these services. Full details of all inspections are freely accessible and in the public domain. The reports can be downloaded from the Authority’s website at www.hiqa.ie
205. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of children who were placed under supervision orders by the Courts since January 2008; the number of these that are still residing with their families; and if she will make a statement on the matter. [25884/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.
206. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the date on which the emergency place of safety service will commence. [25887/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): I am advised by the HSE that the Emergency Place of Safety Service commenced on 5th June 2009. Under this arrangement the Gardaí can access an appropriate place of safety for children found to be at risk out of hours under Section 12 of the Child Care Act 1991.
207. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will initiate legislation to ensure a legal right to after-care to support young people making the transition from care to independent living. [25888/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Government has accepted all of the recommendations of the Report of the Commission to Inquire into Child Abuse and is committed to their full implementation. Included in the recommendations is the provision of aftercare services. As Minister for Children and Youth Affairs, I have been tasked with developing a plan for the implementation of the recommendations. Aftercare for young people leaving the care of the State will be considered in the context of the implementation plan. The plan will be brought to Government by the end of July.
208. Deputy Maureen O’Sullivan asked the Minister for Health and Children if she will stop the proposed closure of 16 respite beds in Cherry Orchard Hospital, Ballyfermot, Dublin 10. [25891/09]
Minister of State at the Department of Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.
209. Deputy John Cregan asked the Minister for Health and Children if 2009 physiotherapy graduates will be given an opportunity to apply for future vacancies with the Health Service Executive in view of the fact that these newly qualified graduates have not been given the opportunity to be placed on a panel; and if she will make a statement on the matter. [25897/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
210. Deputy Fergus O’Dowd asked the Minister for Health and Children the reason for the [445]delay in publishing the commission report into Leas Cross; if such report, received by her on 10 June 2009, has or will be discussed by the Cabinet; the expected date of publication; and if she will make a statement on the matter. [25910/09]
Minister of State at the Department of Health and Children (Deputy Áine Brady): The Commission of Investigation, established to investigate the management, operation and supervision of the former Leas Cross Nursing Home has completed its work. The Commission’s Final Report was submitted to my colleague the Minister for Health and Children on 10 June 2009 and the Minister intends to publish the report as soon as possible.
211. Deputy Michael Ring asked the Minister for Health and Children the hospice groups here which are in receipt of grant aid from the Health Service Executive: the amount of aid awarded to each group in 2007 and 2008 in tabular form; the percentage this represents of total expenditure; and if she will make a statement on the matter. [25915/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
212. Deputy Michael McGrath asked the Minister for Health and Children the position regarding the oversight and scrutiny procedures in place within the Health Service Executive to ensure that value for money is achieved by disability service providers funded by the HSE, with particular regard to multidisciplinary support providers, in view of the fact that the investment in specialist disability services, as outlined in the HSE service plan 2009, for people with disabilities, is €1.508 billion. [25933/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply. The Deputy may also wish to note that a Value for Money Study of the disability services funded from Vote 40 is due to commence shortly as part of the Government’s Value for Money and Policy Review Initiative 2008-2011.
213. Deputy Joan Burton asked the Minister for Health and Children the position regarding the possible outsourcing of pathology and blood tests from St. Vincent’s University Hospital, Dublin; the rationale for outsourcing such tests to the private sector when the necessary skill set and experience exists in Health Service Executive facilities; if options have been explored for centralising such procedures at existing one or more HSE run laboratories; if a preferred bidder for this contract has been chosen; if a similar outsourcing process is in progress at other HSE run medical facilities or for other procedures; the consultation which has been carried out with the relevant practitioners in St. Vincent’s, particularly those in the pathology department; and if she will make a statement on the matter. [25934/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
Question No. 214 answered with Question No. 158.
215. Deputy Noel J. Coonan asked the Minister for Health and Children the position in respect of ward and bed closures in Our Lady’s Children’s Hospital, Crumlin, Dublin, following the announcement that the hospital is not proceeding with plans to close two more wards and [446]an operating theatre in July 2009; the way the proposed closures will lengthen waiting lists for children; and if she will make a statement on the matter. [26088/09]
246. Deputy Charlie O’Connor asked the Minister for Health and Children the action she is taking to deal with difficulties at Our Lady’s Hospital for Sick Children in Crumlin, Dublin; if her attention has been drawn to the concern of many in respect of this issue; and if she will make a statement on the matter. [26262/09]
Minister for Health and Children (Deputy Mary Harney): I proposed to take Questions Nos. 215 and 246 together.
Each hospital funded by the HSE is required to deliver services within the financial allocation provided. In common with all hospitals, Our Lady’s Children’s Hospital, Crumlin is faced with the challenge of delivering a high quality service to its patients, while remaining within budget.
The priority of the HSE and hospital management at Our Lady’s Children’s Hospital is to ensure that services at the hospital are maintained at an optimum level and to protect patient care. The HSE is involved in ongoing discussions with hospital management regarding its 2009 financial allocation and Service Plan.
It has proven necessary for Our Lady’s Children’s Hospital, Crumlin to take measures to stay within budget. The HSE has advised that, based on the financial performance for the first five months of 2009, the hospital should achieve a break even position at year end. This assessment takes account of cost saving measures totalling €6.5m which have been agreed with the hospital, and which are to be implemented over the remainder of the year. Much of the focus of the discussions between hospital management and the HSE has been on ensuring that all areas of non-pay expenditure are critically examined and that costs are reduced where possible.
Part of these measures to stay within budget included the temporary closure of a theatre and a ward from this month. The hospital has now indicated that further ward and theatre closures which had been proposed for in July and August will no longer be necessary. This is to be welcomed.
Following on from a meeting last week between the HSE and the three Dublin paediatric hospitals, it was agreed that Crumlin Hospital would revert to the HSE with its proposals to specifically address the needs of scoliosis patients between now and year end. The HSE will consider these proposals within days and form a plan of action with the hospital.
The allocation to Crumlin for 2009 is €139.6m, an increase of some 39% over the last five years. In line with the budgetary constraints facing the entire public sector and the wider economy, this does include a reduction of 3% this year over 2008. A particular challenge for the Hospital is that it has been operating at some 91 posts above its employment ceiling — it employed 1,641 people (whole-time equivalents) at the end of April compared with its ceiling of 1,550. This is contributing to the current financial difficulties.
The way to provide the best possible tertiary care most cost effectively involves the creation of one single national paediatric hospital, alongside a major teaching hospital, bringing together all the medical and nursing expertise for complex conditions. The concept of bringing together all three present services is widely accepted.
The Children’s Health First Report commissioned by the Health Service Executive indicated that the population and projected demands in this country can support only one world class tertiary paediatric hospital. It recommended that the hospital should be in Dublin and should, ideally, be located with a leading adult academic hospital in order to optimize the outcomes [447]for children. Following detailed consideration, it was decided that the most appropriate location for the new National Paediatric Hospital is at the Mater Hospital.
The development, one of the most significant to be undertaken in the health service, is being overseen by the National Paediatric Hospital Development Board which was established in May, 2007.
The current timetable for completion of the new hospital is:
It is therefore entirely appropriate that we should now move towards that model of care in terms of closer integration and co-operation in the medical areas and in the most cost effective use of resources.
In 2009 the Government will provide over €250m for the running of three paediatric hospitals in Dublin. We can achieve significant cost savings if services and practices are more closely integrated across the three hospital sites, even before the new National Paediatric Hospital has been completed.
With this in mind, the HSE is pursuing ways in which services across the three hospitals can best be co-ordinated, to avoid unnecessary duplication and to achieve savings that can be put back into patient care. For example: the three children’s hospitals in Dublin have agreed and developed a model for the development of a joint department of paediatric surgery. The clinical network across the three hospitals will make the best use of the resources that are available and will ensure a ‘single system of care’. A recruitment process is underway to recruit three replacement surgeons that will then give the joint department a complement of 7 surgeons (currently 5 in place, with 1 due to retire shortly). It is anticipated that these posts will be filled by year end.
The HSE commissioned a review in 2008 of paediatric critical care facilities and services with a view to addressing any identified deficits in advance of the opening of the new National Paediatric Hospital.
The resulting Report recommended that Paediatric Critical Care Services should operate as a single/joint clinical department across Temple Street and Crumlin sites (Tallaght does not have an ICU) with a lead clinician, initially as part of a combined Department of Anaesthesia and Critical Care. An Irish Paediatric Critical Care Network has been established as the advisory body to lead the development of a co-ordinated system for the delivery of paediatric critical care services and to develop advice, standards and recommendations regarding the optimum delivery of paediatric critical care services in the country.
An independent chair has been appointed (Dr. Des Bohan, Medical Director, Critical Care Services for Children, Toronto), who is an international respected expert, to facilitate and guide the development of the joint department of paediatric critical care. Other areas currently being [448]examined in relation to increased co-operation are in the areas of renal services, genetics, endocrinology and dermatology services amongst others.
216. Deputy Noel J. Coonan asked the Minister for Health and Children if she has been in discussions with North Tipperary pre-school providers to determine if the new Government sponsored pre-school year has been deemed adequate by these providers in terms of the proposed fee provided by the State and if this fee will cover all costs; the number of children from the area who will be availing of the scheme; the number of service providers in North Tipperary; when the scheme will be introduced; and if she will make a statement on the matter. [26091/09]
Minister for Health and Children (Deputy Mary Harney): As the Deputy will be aware, I have responsibility for the implementation of the new Early Childhood Care and Education scheme which provides a free Pre-School year to eligible children and which will be introduced in January 2010.
Immediately following the announcement, details regarding the scheme were communicated to the City and County Childcare Committees, including North Tipperary County Childcare Committee, and the National Voluntary Childcare Organisations, all of which are funded by my Office. The scheme was subsequently discussed with them in depth at a special seminar held on 7 May 2009. I have also had a number of meetings, since the announcement of the scheme, with the National Voluntary Childcare Organisations who represent the views of their members throughout the country and I have listened carefully to what they had to say. Where possible, issues raised by the sector have been taken into account in the terms and conditions governing the scheme.
An annual capitation fee of over €2,400 will be paid to participating services in return for the provision of a free pre-school year to each child. This is equivalent to approximately €276 per month where a service is participating for 38 weeks and approximately €207 per month where it participates for 50 weeks. The capitation fee and its application on a weekly basis are considered reasonable. Approximately 1,000 community child care services, most of which are expected to apply for entry into the new scheme, already participate in the Community Childcare Subvention Scheme (CCSS). The average fee charged for a sessional pre-school place in these services is €50 per week. The ECCE capitation fee also compares very favourably to that paid to private and voluntary pre-school services under the Pre-School Programme Expansion Scheme operated in Northern Ireland which amounts to approximately £30 per week.
Each participating service will have to meet the costs of the new free pre-school year from the capitation provided under the scheme. However, it is noted that services participating in the scheme may charge parents for additional services which they provide, including additional hours and additional activities or services provided these are offered on an optional basis to parents and provided appropriate programme based activities are provided to children not participating in an additional activity
The scheme is open to approximately 4,800 pre-school services operating in the State, including full and part-time daycare services as well as sessional playschool services. My Office recently wrote to these services inviting them to participate in the scheme and enclosing application forms and other relevant information. It is expected that the application process will be [449]completed by the end of September 2009 and following this a list of participating services in each area will be available to each City and County Childcare Committee.
Many of the services expected to participate in the new scheme will have already received capital grant aid under the Equal Opportunities Childcare Programme (EOCP) and or the National Childcare Investment Programme (NCIP). More than 65,000 additional child care places will have been created by the end of 2010 as a result of this investment. I am aware from representations received from pre-school services in recent months that many are currently reporting vacancy rates of up to 25% in their facilities. I am also aware of a number of people now considering investing in a child care business of their own, many of them existing qualified child care workers. Also, many services which to date have only been open in the morning, citing lack of demand for an afternoon session, are now considering offering an additional session to meet an increase in local demand. My Office and the City and County Childcare Committees will monitor the situation carefully, following the implementation of the scheme, to ensure that the beneficial impact of the scheme for parents and children is maximised.
217. Deputy Eamon Scanlon asked the Minister for Health and Children when a claim by a person (details supplied) in County Leitrim under the nursing home refund scheme will be awarded; and if she will make a statement on the matter. [26100/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
218. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will be re-issued in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26104/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
219. Deputy Michael Ring asked the Minister for Health and Children her plans to extend a service (details supplied). [26109/09]
Minister for Health and Children (Deputy Mary Harney): The expert advice from BreastCheck and from the National Cancer Forum, as contained in the National Strategy for Cancer Control, is that following the national roll out of the programme to women between the ages of 50 and 64 years, the upper age limit should be extended to women aged 69 years. The priority of BreastCheck is to screen women who have not yet been screened and accordingly it is fully focussed at present on the completion of the first round of screening in the West and South.
I will consider extending the age limit as recommended when the national roll-out of the programme is sufficiently developed and it is assured that a quality service is being delivered. Any woman irrespective of her age who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her area.
220. Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the situation at Mallow Hospital, Cork, where a CAT scanner is again lying idle with a radiographer unable to operate it as a result of staffing problems and patients are being sent to a private hospital in Cork for scans at a minimum daily cost of €3,000; and if she will investigate this case. [26119/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
221. Deputy Charles Flanagan asked the Minister for Health and Children if her attention has been drawn to the fact that cystic fibrosis patients at St. Vincent’s Hospital, Dublin, remain on crowded wards and are therefore at risk of potentially fatal infection, and that, despite this situation, St. Vincent’s is closing a ward used by CF patients on 1 July 2009 in order to save money; and if she will make a statement on the matter. [26120/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
222. Deputy Martin Ferris asked the Minister for Health and Children the projects listed for the Health Service Executive south; and the location of same. [26125/09]
224. Deputy Martin Ferris asked the Minister for Health and Children the capital projects which will proceed in the Health Service Executive south in 2009. [26127/09]
Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 222 and 224 together.
The Health Service Executive is currently amending its Capital Plan to take account of its revised capital allocation following the Supplementary Budget. In determining its capital investment programme, the HSE is required to prioritise the projects to be progressed taking account of the targets for apportionment of capital investment between the Acute and Primary, Community & Continuing Care programmes. Planned expenditure for 2009 will need to be managed carefully within the available limits and further commitments will require prioritisation within the likely funding envelope in future years.
When revised, the Executive’s capital proposals must be submitted for my approval with the agreement of the Minister for Finance. Details of the individual projects being included in the Capital Plan will be made available when the plan is approved.
223. Deputy Martin Ferris asked the Minister for Health and Children the position regarding proposals for a new maternity unit at Kerry General Hospital. [26126/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
Question No. 224 answered with Question No. 222.
225. Deputy Richard Bruton asked the Minister for Health and Children the intended start date for fair deal, now that the legislation has passed all stages in Dáil Éireann; and if she will make a statement on the matter. [26134/09]
226. Deputy Richard Bruton asked the Minister for Health and Children if a person who has been made a ward of court will enjoy the same protections under fair deal in terms of cap on their contribution as any other individual. [26135/09]
Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to take Questions Nos. 225 and 226 together.
The Nursing Homes Support Scheme Bill 2008, A Fair Deal, has completed all Stages in the Houses of the Oireachtas and has been referred to the President for signature. The Minister intends to implement the scheme in the final quarter of this year.
With regard to the Deputies question about individuals who have been made a ward of court, I can confirm that such individuals will benefit from all of the same protections under the scheme as any other individual.
227. Deputy Noel J. Coonan asked the Minister for Health and Children the income limits and other conditions that apply to a person, to be deemed eligible to apply for a medical card; and if she will make a statement on the matter. [26145/09]
Minister for Health and Children (Deputy Mary Harney): Persons and their dependants who would experience undue hardship in meeting the cost of general medical and surgical services are eligible for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. The full income guidelines as of 1st January 2009 that apply to applicants for a medical card or a GP visit card are set out in tabular form below.
Persons whose income is above €700 per week (gross) for a single person and €1,400 per week (gross) for a married couple and whose circumstances are such that it would cause them undue hardship to provide medical and surgical services for themselves, may be considered for a medical card on a discretionary basis.
Income from Savings/Investments/Property
Any savings up to €36,000 (single) / €72,000 (couple) will be disregarded and only interest from savings above these figures will be considered as income for means testing purposes.
[452]Income will not be imputed from property (whether a family home, a holiday home or any other property) for means testing purposes, unless it is rented and only the net rental income will be included as income. The income to be assessed will be the gross income, less any cost necessarily incurred associated with the property and such cost may include insurance premia, loan/mortgage repayments, maintenance, etc.
Only dividend payments will be considered as income for means testing purposes in the context of shares and investments.
In assessing if a person qualifies for a Medical Card or a GP Visit Card, the HSE must have regard to the person’s overall financial situation and not just their income.
The assessment of eligibility for medical cards will be based on the combined income of the applicant and spouse (if any) after tax and PRSI have been deducted.
Applicants whose weekly incomes are derived solely from Social Welfare or Health Service Executive allowances/payments, which are in excess of the Financial Guidelines (either at first application or renewal) will be granted a medical card.
Additional guideline allowances will be given for:
Reasonable expenses incurred in respect of rent/mortgage payments;
[453]Reasonable expenses incurred in respect of childcare costs;
Reasonable expenses incurred in travel to work.
Expenditure in relation to medical costs will be considered.
In respect of savings and investments, the first €36,000 for a single person and €72,000 in respect of a couple is disregarded when determining income.
If an applicant’s income is over the guidelines they may still qualify if their personal circumstances cause undue financial hardship.
228. Deputy Noel J. Coonan asked the Minister for Health and Children if there is a dedicated direct contact line for Oireachtas Members to contact officials in her Department in the new medical card section based in Dublin; and if she will make a statement on the matter. [26147/09]
Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has the operational responsibility for the General Medical Services (GMS) Scheme. Up to the start of this year, medical card and GP visit card applications were processed in the 32 local health areas. However, under the HSE’s 2009 Service Plan, the processing of all medical card and GP visit card applications will transfer to the Executive’s Primary Care Reimbursement Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all medical card applications for persons aged 70 or over. The PCRS is committed to responding to all queries from Oireachtas members and the wider public. Its phone number is 01-8647100.
The HSE has established a Parliamentary Affairs Division (PAD) to co-ordinate and manage Parliamentary Questions and representations from Oireachtas members. The Executive is committed to responding to all Oireachtas members’ PQs and representations and should a Deputy have any difficulty with regard to a reply to their question, they can contact the HSE central PAD on 01-6352505 or email pad@hse.ie.
229. Deputy Noel J. Coonan asked the Minister for Health and Children the impact the proposed centralisation of medical cards will have on applicants in North Tipperary; the staff who are currently employed doing this work including community welfare officers and clerical staff; the way the service will be improved by removing local knowledge and local expertise; and if she will make a statement on the matter. [26148/09]
Minister for Health and Children (Deputy Mary Harney): Up to the start of this year, medical card and GP visit card applications were processed in the 32 local health areas. However, under the Health Service Executive’s 2009 Service Plan, the processing of all medical card and GP visit card applications will transfer to the Executive’s Primary Care Reimbursement Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all medical card applications for persons aged 70 or over.
The HSE has advised my Department that there are no plans to close any of the local health offices and these offices will continue to deal with queries of a general nature about the medical card scheme and will provide any assistance needed with the application process. However, the process will involve a reassignment of existing human resources within the HSE.
Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all medical card applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours. People whose income exceeds the income guidelines but [454]have a case to be considered on medical or hardship grounds will continue to have their application considered by the PCRS.
Since medical card applications will all be processed centrally, this will result in a more consistent and transparent approach being applied.
This is an example of the type of innovation signalled in the Transforming Public Services Programme announced by the Taoiseach last November. It demonstrates how improved services can be delivered within the more limited resources available in a way which meets the needs of citizens in a modern society.
As the Deputy’s question refers specifically to the position in North Tipperary, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter, and to have a reply issued directly to the Deputy.
230. Deputy John Perry asked the Minister for Health and Children if she will ensure that children (details supplied) in County Sligo who are in need of orthodontic treatment will receive that treatment as soon as possible; and if she will make a statement on the matter. [26189/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
231. Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the independent audit of currently retained organs in all hospitals here which is being carried out following the Madden Report into post mortem practice; if a draft report or final report has been received either by her or the Health Service Executive; if this report will be published and laid before the Houses of the Oireachtas; and if she will make a statement on the matter. [26192/09]
Minister for Health and Children (Deputy Mary Harney): Dr Deirdre Madden’s report on Post Mortem Practice and Procedures recommended that “an independent audit must be carried out of currently retained organs in all hospitals in the State”. To implement this recommendation, the Health Service Executive (HSE) commissioned Ms Michaela Willis, former Member of the UK Human Tissue Authority and founder member and Chair of the UK National Committee relating to Organ Retention, to undertake an independent audit.
The HSE has advised that field work for Ms Willis’s independent audit, which included site-visits to all hospitals that carry out post-mortem examinations in the State, has been completed. This data is being compiled and a report based on the audit is currently being prepared by the author. When this report of the independent audit is completed by the author, the HSE will arrange the publication of the full and final report. I understand that this process will be completed over the coming months.
232. Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in allocating funding to enable day placement for a person (details supplied). [26201/09]
[455]Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.
233. Deputy Richard Bruton asked the Minister for Health and Children if she has prepared a compliance cost analysis on the impact of new restrictions on tobacco sales; and if she is satisfied that small shops will not be unfairly disadvantaged in the operation of these restrictions. [26204/09]
Minister of State at the Department of the Health and Children (Deputy Áine Brady): The measures in question were provided for in legislation enacted by the Oireachtas in 2002 and confirmed again by Government and the Oireachtas in 2004 prior to the Government’s decision of 21 June 2005 that Regulatory Impact Analysis (RIA) including cost benefit analysis should be carried out on all proposals for primary legislation. I do not believe that these measures, which will come into effect tomorrow, will impose onerous obligations on tobacco retailers.
234. Deputy Finian McGrath asked the Minister for Health and Children the plans in place or are proposed to secure the future of orthopaedic services in Sligo General Hospital; and if she will make a statement on the matter. [26210/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
235. Deputy David Stanton asked the Minister for Health and Children if she and the Health Service Executive recognise autism as a condition in its own right; if a person who is diagnosed as autistic can expect to receive supports from the health service as a result of such diagnosis; and if she will make a statement on the matter. [26212/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): Autism spectrum disorders (ASDs) are a group of developmental disabilities defined by significant impairments in social interaction and communication and the presence of unusual behaviours and interests. Many people with ASDs also have unusual ways of learning, paying attention or reacting to different sensations. The thinking and learning abilities of people with ASDs can vary — from gifted to severely challenged.
In relation to the provision of health services, the intention of an assessment of need is to identify the health needs resulting from an individual’s disability. The provision of services for people with autism is therefore determined by the level of need presented.
The Health Service Executive provides health services and supports to people with autism. As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Executive for direct reply.
236. Deputy Catherine Byrne asked the Minister for Health and Children if she will ensure the case of a person (details supplied) in Dublin 8 is satisfactorily concluded and that there will be no further postponement. [26215/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.
237. Deputy Charles Flanagan asked the Minister for Health and Children the number of crutches or pairs of crutches purchased by the Health Service Executive in the years 2005, 2006, 2007 and 2008; the cost on the HSE for such crutches over the four years period and further; the number of crutches returned or accepted by the HSE during that same period; the policy of the HSE in respect of re-using or re-cycling crutches; and if she will make a statement on the matter. [26217/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): The Deputy will be aware that I arranged for a similar question raised by him on 26 May 2009 to be referred to the Health Service Executive for direct reply. I understand from the Executive that the material is being collated and a reply will issue shortly.
In the meantime, the Department of Health and Children has sought a full assessment of the existing position regarding the recycling of medical equipment / aids and appliances from the Health Service Executive, to include the scope for improving the way this issue is dealt with.
238. Deputy Joanna Tuffy asked the Minister for Health and Children the plans to relocate the Central Mental Hospital from Dundrum to Portrane; the stage the plans are at; if Fingal County Council and local residents will be consulted at the outset before the plans are progressed further; and if she will make a statement on the matter. [26229/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): In May 2006 the Government confirmed the decision to develop a new Central Mental Hospital (CMH) at Thornton Hall, County Dublin. Since then, a draft project brief has been prepared and a Cost Benefit Analysis has been completed. None of the work undertaken to date has been site specific but a number of difficulties have now emerged with the Thornton Hall site. The HSE has identified a need for an Intellectual Disability Forensic Mental Health Unit and a Child and Adolescent Forensic Mental Health Unit. Neither of these units would be viable as a stand alone facility and they should be co-located with the CMH, but the twenty acre site at Thornton Hall is not large enough to allow for these additional developments. Moreover, the construction of these additional units at a location separate to the CMH would incur increased capital and revenue costs. The planning and design process for the CMH redevelopment project will soon need to become site specific and all of the issues involved are currently being considered. The Deputy can be assured that if the Government decide to change the location of the new hospital, the HSE will, in due course, undertake a consultation exercise with stakeholders.
239. Deputy Frank Feighan asked the Minister for Health and Children the reason a medical appointment for 25 June 2009 in respect of a person (details supplied) in County Roscommon has been cancelled again; if her attention has been drawn to the fact that the person has been waiting three years for this surgery; and if she will ensure that an early appointment will be arranged. [26232/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
240. Deputy John Perry asked the Minister for Health and Children if she will ensure that the health repayment scheme reimbursement is awarded to a person (details supplied) in County Leitrim as a matter of urgency; and if she will make a statement on the matter. [26236/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
241. Deputy Martin Ferris asked the Minister for Health and Children when a person (details supplied) in County Kerry will receive orthodontic treatment. [26237/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.
242. Deputy David Stanton asked the Minister for Health and Children further to Parliamentary Question No. 168 of 19 April 2005, her views on whether to conduct an investigation into vaccine trials carried out on children in State care; the methods of compensation for the adults involved in same; and if she will make a statement on the matter. [26248/09]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): On 28th November 2006, the Minister for Health and Children, Mary Harney TD, announced that there would be no further examination of the question of vaccine trials in institutional settings. The trials were the subject of a report by the Chief Medical Officer which was laid before the Oireachtas in November 2000. The decision followed a detailed examination of judgements in court cases related to the vaccine trials heard in both the High Court and the Supreme Court.
243. Deputy James Reilly asked the Minister for Health and Children the labelling obligations of fast food outlets regarding the amount and type of nutritional and other information such establishments must display the point of display, whether on packaging, at the point of sale or otherwise; and if she will make a statement on the matter. [26257/09]
Minister of State at the Department of Health and Children (Deputy Trevor Sargent): Currently, EU general labelling requirements for all foodstuffs are set out in Directive 2000/13/EC. This Directive lists the compulsory information to be included on all labels, such as the list of ingredients, the use-by date and any special conditions of use. In addition to the general legislation, there are certain labelling rules for certain food groups (e.g. country of origin labelling for beef), and specific measures including labelling provisions for certain foods and substances (e.g. beef, fish, chocolate, dietetic foods, food supplements, fortified foods etc).
Nutrition labelling on food is currently regulated by Directive 90/496/EEC, transposed into Irish law by the European Communities (Nutrition Labelling for Foodstuffs) Regulations, 2005 (S.I. No. 65 of 2005). This sets out the requirements for the nutrition labelling of foodstuffs to be delivered to the ultimate consumer and to foodstuffs intended for supply to restaurants,fast food outlets, hospitals, canteens and other similar mass caterers. Foodstuffs must not be placed on the market unless these Regulations are complied with.
[458]At the moment, under EU legislation, nutrition labelling is optional, although it becomes compulsory when a nutrition or health claim is made in the labelling, presentation or advertising of a foodstuff or when vitamins or minerals are voluntarily added to foods.
In January 2008, the European Commission presented its proposals on updating and harmonising this legislation. The proposal is still under discussion. This proposal introduced new provisions for a mandatory nutrition declaration and for mandatory allergen labelling amongst others. This declaration in Article 29(1) proposes that “the mandatory nutrition declaration shall include the following:
(b) the amounts of fat, saturates, carbohydrates, sugars,and salt.”
In November 2008, Ireland submitted its position paper on the proposal. This paper was informed by submissions made to the FSAI by many of the key stakeholders. Ireland’s position will be further informed by the outcome of an FSAI Consumer Survey. In its position paper, Ireland supports Article 29(1) and mandatory allergen labelling and in addition seeks the inclusion of trans fats, fibre, folic acid, calcium, iron and vitamin D in the mandatory nutrition declaration.
Since January 2008 a number of meetings have taken place at European Union Working Group level, attended by officials from Department of Health and Children and the Food Safety Authority of Ireland. The next meeting is due to take place on 6 July 2009.
244. Deputy James Reilly asked the Minister for Health and Children the method by which labelling and nutritional and general food labelling obligations of fast food retail outlets are inspected or monitored; the agency or body responsible for same; the frequency of inspections; and if she will make a statement on the matter. [26258/09]
Minister of State at the Department of Health and Children (Deputy Trevor Sargent): Responsibility for the enforcement of food labelling legislation in fast food retail outlets rests with the Food Safety Authority of Ireland (FSAI). Checks on compliance are incorporated into routine hygiene inspections for such establishments. These inspections are carried out by the Environmental Health Officers (EHOs) in the Health Service Executive (HSE) operating under a service contract with the FSAI.
The official controls (verification, inspection, audit, sampling and analysis, monitoring and surveillance) applying to food business operators, including fast food retail outlets, take in to account food safety requirements set out in law, the requirements of the Service Contract between HSE and FSAI, and the National Hazard Analysis Critical Control Point (HACCP) Strategy. Also included in these inspections are checks on compliance with labelling regulations in retail, catering and some food processing outlets as appropriate. It is expected that the finalisation of the proposed European Commission labelling Regulation will result in the compulsory presentation of allergens and a nutritional declaration on the label. HSE labelling inspections are done as part of the normal routine food safety inspections.
Frequency of inspection is related to the risk categorisation of the establishment; (High, Medium, Low risk) the means by which establishments are categorised by HSE is set out in FSAI Code of Practice 1. This code also includes guidance to take account of the provisions in Article 3 of Regulation (EC) No. 882/2004 on general obligations with regard to the organisation of official controls.
[459]While no separate figures are available for fast food outlets during 2008, 46,873 inspections were carried out in HSE supervised establishments. As an outcome of these inspections, 18,169 infringements of which 1,358 or 7.5% related to labelling were observed.
245. Deputy Charlie O’Connor asked the Minister for Health and Children the contacts she has had with community pharmacists in respect of her announcements regarding the cost of drugs and medicines; and if she will make a statement on the matter. [26261/09]
Minister for Health and Children (Deputy Mary Harney): On 18 June 2009, I announced details on the reduction of payments to community pharmacists under the Financial Emergency Measures in the Public Interest Act 2009. A public consultation, under the Act, took place in March 2009 where all interested stakeholders were invited to make submissions on the matter. As part of that process the Irish Pharmacy Union (IPU), as the representative body of pharmacists, submitted a written submission and made an oral submission to Department officials. In addition, 104 other written submissions were received largely from community pharmacists. These submissions along with the other submissions received were analysed and considered before I made my decision on the restructuring of payments.
Question No. 246 answered with Question No. 215.
247. Deputy Ciarán Cuffe asked the Minister for Health and Children if she will make a statement on the long-running industrial dispute between her Department and the Department of Social and Family Affairs that is preventing greater flexibility in the provision of community welfare services to persons who have become unemployed. [26265/09]
Minister for Health and Children (Deputy Mary Harney): The long-running industrial dispute referred to by the Deputy is not in fact between my Department and the Department of Social and Family Affairs, but rather arises from resistance by the trade unions representing the staff employed in the Community Welfare Service, SIPTU and IMPACT, to the transfer of the Community Welfare Service from the HSE to the Department of Social and Family Affairs taking place.
The Government decided in 2006, to transfer certain functions carried out in the Health Service Executive to the Department of Social and Family Affairs, including the transfer of income and support schemes, together with associated resources. A considerable amount of preparatory work for the transfer of the Community Welfare Service has already been completed. The IT, accommodation and financial management aspects are well advanced. The necessary legislative changes have been made and are subject to a Commencement Order.
Following on from the involvement of the National Implementation Body in December 2006, a Joint Liaison Group was set up comprised of the Unions, the HSE and the Departments of Health and Children and Social and Family Affairs to allow discussions take place to deal with the concerns of the staff involved. An independent facilitator, Mr. Conal Devine, was appointed to chair the discussions. While some progress was made during the discussions in relation to the future role of the Community Welfare Officers, no agreement has been reached in a number of areas related to terms and conditions of employment. These include pay assimilation to civil service pay scales and the future career path arrangements for the staff on transfer. The Government has recently considered a report on the progress of the transfer of functions programme and is determined that the transfer of the Community Welfare Service should be pro[460]gressed. I understand that the HSE has requested that the Labour Relations Commission invite both parties to a conciliation meeting as soon as possible.
248. Deputy Fergus O’Dowd asked the Minister for Health and Children further to Parliamentary Question No. 212 of 28 April 2009, the impact of the recruitment ban on acute hospital services and community health services in County Louth; and if she will make a statement on the matter. [26268/09]
Minister for Health and Children (Deputy Mary Harney): The previous Parliamentary Question raised on this matter (16406/09) was referred out to the Health Service Executive for attention and direct reply, as the recruitment of staff is a service matter for the Executive. I have been in contact with the Executive again, and requested that the response provided to the Deputy be clarified, specifically in relation to the location of County Louth.
249. Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to support services at Roscommon County Hospital; and if she will make a statement on the matter. [26305/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
250. Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to support services at Portiuncula Hospital, County Galway; and if she will make a statement on the matter. [26306/09]
Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.
Question No. 251 answered with Question No. 158.
252. Deputy Dan Neville asked the Minister for Health and Children the position regarding a director for mental health. [26409/09]
Minister of State at the Department of Health and Children (Deputy John Moloney): The HSE recently confirmed that a national lead dedicated to mental health will be appointed shortly.
253. Deputy Pat Breen asked the Minister for Transport his views on the reduced winter schedule of flights from the US to Shannon Airport; his plans to make funding available to market the US preclearance facility at the airport; and if he will make a statement on the matter. [25721/09]
Minister for Transport (Deputy Noel Dempsey): I am concerned and disappointed at the suspension of these services. I recognise the harsh realities of the marketplace at present and the impact that reduced demand has had on long-haul operations globally in the past few months. I am particularly concerned, from both a business and tourism perspective, at the [461]impact on connectivity of Ireland arising from decisions to reduce flights to the wider US market. I made these concerns known to the Aer Lingus Chairman when I met him recently. The airline business globally is experiencing a significant drop in demands and yields, especially on long haul operations, and all airlines have had to cut capacity and fares.
While responsibility for marketing preclearance facilities at Shannon Airport is a matter for the Shannon Airport Authority the Government has allocated €47.25m, for the overseas marketing of Ireland as a tourist destination this year. Included in this amount is over €4.5m for regional marketing activity including the “Discover Ireland’s Wonderful West” Campaign. The campaign is overseen by Tourism Ireland who will continue to work closely with Fáilte Ireland, Shannon Airport, Shannon Development, and the local tourism industry in the mid-west to vigorously promote the Shannon region through cooperative marketing campaigns. I understand that their campaign has generally been very well received to date.
Finally, as the Deputy will be aware, I have given priority to the enactment of the Aviation Preclearance Bill 2009 which I hope will pass all stages in the Dáil and Seanad before the summer recess. The Bill will provide the necessary legal basis for preclearance to commence at Shannon airport. Preclearance services should give Shannon a key advantage on the highly competitive transatlantic market.
254. Deputy Joe McHugh asked the Minister for Transport his views on whether the cutting of €150 million from the roads maintenance budget is disproportionate, in view of the fact that 71% of road deaths here take place on secondary routes; if he will re-consider this decision; and if he will make a statement on the matter. [25688/09]
Minister for Transport (Deputy Noel Dempsey): In view of the severe constraints on Exchequer finances, it was found necessary to reduce the provision for regional and local road improvements by €150 million in the 7 April Supplementary Budget. As a consequence, road grants already allocated for regional and local roads in February were reviewed, and revised road grants totalling €447.7 million were allocated to local authorities on 14 April. These grants, which supplement expenditure by local authorities from their own resources, represent a very significant investment at a time when public finances are under severe pressure.
The capital budget for improvement works this year is €321.5 million. This will fund 241 separate improvement projects at various stages of planning design and construction, as well as 1,700 kilometres of road reconstruction under the Restoration Improvement Programme. The Department also finances safety works at high accident locations on the regional and local road network. Grants were allocated to local authorities in April to finance measures at 257 locations.
There was no reduction in the April Supplementary Budget in the provision for maintenance works and grants of €126 million were allocated to local authorities. The bulk of this —€85 million — is being invested in the Restoration Maintenance Programme and it is expected that there will be an increase in surface dressing output achieved by local authorities under this programme this year, compared with 2008.
Safety is a fundamental consideration in the improvement and maintenance of our road network and this high level of investment is continuing to deliver a significant road safety dividend.
255. Deputy Fergus O’Dowd asked the Minister for Transport the nature and outcome of [462]any value for money audit carried out by his Department during the past three years; and if he will make a statement on the matter. [25713/09]
Minister for Transport (Deputy Noel Dempsey): The Value for Money Reviews completed by this Department since 2006 are set out in tabular form below.
| Name of Review | Year completed |
|---|---|
| Road Safety | 2006 |
| CIE Subvention | 2007 |
| The DTO Traffic Management Grants Scheme | 2008 |
| Strategic Non National Roads | 2008 |
| Railway Safety Programme | 2008 |
The finding of each review can be found on the Department’s website at www.transport.ie (under Publications).
256. Deputy Joan Burton asked the Minister for Transport the amount of interest paid by him in respect of the late payments for goods or services contracted by his Department for the past five years to date in 2009; the steps being taken to ensure that money is appropriately spent and that payments are made on time; and if he will make a statement on the matter. [25869/09]
Minister for Transport (Deputy Noel Dempsey): The amount of interest paid by my Department in respect of the late payments for goods or services for the past five years and to date in 2009 is as follows:
| Year | € |
|---|---|
| 2005 | 103 |
| 2006 | 893 |
| 2007 | 734 |
| 2008 | 284 |
| 2009 to date | 418 |
In response to a recent Government decision in relation to prompt payments, my Department is committed to paying suppliers within 15 days of receipt of valid invoices. My Department has put in place arrangements to comply with that decision.
257. Deputy Fergus O’Dowd asked the Minister for Transport the progress to date by the Railway Safety Commission in relation to the introduction of unannounced testing for intoxicants at Iarnród Éireann; and if he will make a statement on the matter. [25917/09]
258. Deputy Fergus O’Dowd asked the Minister for Transport the results of random testing for intoxicants by the Railway Safety Commission; the action taken; and if he will make a statement on the matter. [25918/09]
Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 257 and 258 together.
[463]Under the Railway Safety Act 2005, random testing of safety critical workers on the railways in relation to intoxicants is a matter for the relevant railway undertaking, and not for the Railway Safety Commission. I refer the Deputy to the Annual Report 2008 of the Railway Safety Commission, where details of Iarnród Éireann’s statistics in relation to testing for intoxicants are available.
259. Deputy Fergus O’Dowd asked the Minister for Transport the nature of the 22 complaints received regarding public safety on railways here; the categories each complaint belonged to; if the complaints were upheld; if so, the action taken; and if he will make a statement on the matter. [25919/09]
260. Deputy Fergus O’Dowd asked the Minister for Transport the facts of the case pertaining to industry concerns which resulted in a further investigation, including a review of standards as mentioned in the Railway Safety Commission; and if he will make a statement on the matter. [25920/09]
Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 259 and 260 together.
The Deputy is referring to comments made by the Railway Safety Commission in its Annual Report 2008. The Railway Safety Commission is the independent safety regulator for railways and the details of the items raised by the Deputy are therefore a matter for the Commission which may be raised directly with it.
261. Deputy Joe Behan asked the Minister for Transport the relevant expertise and professional qualifications of his Departmental officials in the area of aviation safety management and aviation safety regulation; and if he will make a statement on the matter. [26176/09]
262. Deputy Joe Behan asked the Minister for Transport the training given to persons appointed to the board of the Irish Aviation Authority to enable them to exercise independently their personal and corporate responsibilities for aviation safety; his views on whether it is necessary to establish a safety committee of the board of the IAA and that the person with responsibility for the safety function should report directly to that committee in the same way as the internal auditor reports to the audit committee; and if he will make a statement on the matter. [26177/09]
Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 261 and 262 together.
The Irish Aviation Authority was established by the Irish Aviation Authority Act, 1993. The principal functions of the Authority are the safety oversight of civil aviation activities and the provision of air navigation services in the State.
Prior to enactment of the 1993 Act, these functions were carried out by the Department of Transport and on its establishment relevant staff from the Department were transferred to the Authority. The Department did not retain any technical expertise in the areas of responsibility of the Authority. The authority is mandated under Section 14(1)(i) of the Act to advise the Government, myself as Minister for Transport or any other Minister of the Government in relation to any matter under its statutory remit either on its own initiative or at my request. In addition, Section 32 of the Act requires me periodically to commission an independent report [464]on “the performance by the company of its functions in so far as they relate to the application and enforcement of technical and safety standards”. Reports under Section 32 were commissioned and completed in 1996, 2000 and 2004.
The Directors of the Authority are appointed by me in accordance with Section 17 of the Act. The Act specifically provides in Section 38 that it is the responsibility of the Chief Executive of the Authority to advise the Directors on any matter relating to or affecting the technical or safety standards specified under Section 32 or the safety of civil aviation.
263. Deputy Joe Behan asked the Minister for Transport if he will initiate the Section 32 safety examination of the Irish Aviation Authority without delay; if he will expand its remit to provide the opportunity for persons who had reported concerns with the 2004 examination to present them to the 2009 examination and to have these concerns examined and reported upon; and if he will make a statement on the matter. [26178/09]
264. Deputy Joe Behan asked the Minister for Transport if he will publish the report of the Section 32 Aviation Safety Audit of 2004 together with other aviation safety audits completed since 2004; and if he will make a statement on the matter. [26179/09]
265. Deputy Joe Behan asked the Minister for Transport if he has investigated problems, reported to his Department in 2006, with the 2004 Section 32 safety examination of the Irish Aviation Authority; if so, his conclusions on same; if not, the reason therefore; and if he will make a statement on the matter. [26180/09]
Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 263 to 265, inclusive, together.
The Irish Aviation Authority was established by the Irish Aviation Authority Act, 1993. The principal functions of the Authority are the safety oversight of civil aviation activities and the provision of air navigation services in the State. Section 32 of the Act requires me “to appoint a person to carry out an examination of the performance by the company of its functions in so far as they relate to the application and enforcement of technical and safety standards” at three yearly intervals.
Reports under Section 32 of the Act were completed in 1996, 2000 and 2004. The intent of Section 32 of the Act is to ensure that I, as Minister, can be satisfied that the authority is capable of carrying out the functions conferred on it by Statute and that it’s performance is satisfactory. Its purpose is not to investigate or report on specific concerns or complaints or to review previous reports commissioned by me under Section 32. I am aware of concerns raised by one individual in relation to an alleged conflict of interest in relation to the conduct of the 2004 examination and I am satisfied that this was not the case. The Act requires me to submit a copy of reports under Section 32 to the Government and to the company. It is not considered to be appropriate to publish these reports.
Since the Authority was established in 1993, there have been significant developments both at European level and internationally in relation to the regulation of civil aviation. In addition to the reports commissioned by me under Section 32, the Authority is also subject to regular audits of the performance of its safety regulation functions by Eurocontrol, the European Aviation Safety Agency and the International Civil Aviation Organisation. In this regard, I am currently considering the continued relevance of the requirements of Section 32 of the Act from both a public sector efficiency and value for money perspective.
[465]266. Deputy Joe Behan asked the Minister for Transport if he is satisfied that the system failures which occurred at Dublin Airport in July 2008 will not recur; the basis for same; and if he will make a statement on the matter. [26181/09]
267. Deputy Joe Behan asked the Minister for Transport if he is satisfied with the report he received from the Irish Aviation Authority on the systems failures at Dublin Airport in July 2008, in view of the fact that, inter alia, it does not appear to state that there is a stand-by operational local area network which should have automatically come into service when the main operational local area network failed; the reason it failed to do so; the further reason the maintenance local area network was not manually switched into operation as is provided for should both operational networks fail; and if he will make a statement on the matter. [26182/09]
Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 266 and 267 together.
On 19 September, 2008 I received the Irish Aviation Authority’s report on the radar malfunction at Dublin airport on 9 July, 2008. The report was also made publicly available on the Authority’s website www.iaa.ie. As set out in the report, the measures being implemented by the IAA and THALES ATM were intended to minimise the effect of a recurrence of like or similar failures of the ATM system in the future. The report also describes the contingency arrangements in place and states that these arrangements are consistent with the best arrangements available worldwide.
268. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that 895 people were arrested for possession of drugs for sale and supply while they were on bail; the number of those suspected offenders who were again released on continuing bail; and if he will make a statement on the matter. [25641/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.
The law takes a serious view of offences committed by persons on bail. The Criminal Justice Act, 1984 provides for mandatory consecutive sentences to apply where a person is convicted of an offence committed while on bail. In addition, the law provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.
There have been concerns at how, in practice, our bail laws have been operating, and these led to the inclusion in the Criminal Justice Act, 2007 of a series of new provisions designed to tighten up on the granting of bail. These allow the prosecution to mount a more effective challenge to bail applications, for example, applicants for bail can be required to provide a statement of their means so that the prosecution can highlight any divergence their between their lifestyles and their stated means as evidence of their involvement in gangland activity. The Director of Public Prosecution (DPP) is now able to appeal to the High Court against a decision of the District Court to grant bail and against the conditions attached by the District Court to the bail.
[466]The effectiveness of these provisions will be reviewed. In addition I intend to keep all aspects of the operation of our bail law under review to see whether further changes are necessary. One such change is included in the Criminal Justice (Miscellaneous Provisions) Bill, currently going through the Oireachtas.
269. Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will respond to a query in relation to a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [25645/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In the absence of more detailed information relating to the specific case, the Deputy will appreciate that I am unable to provide a definitive response. However, I can advise of the position generally.
Section 23 of the Irish Nationality and Citizenship Act 1956, as amended, provides that a person who marries a non-Irish national, shall not, merely by virtue of the marriage, cease to be an Irish citizen, even if he or she acquires the nationality of the non-Irish national. The amended Section 6 (5) of the Irish Nationality and Citizenship Act 1956, which is deemed to have come into effect on 2 December, 1999, provides that a person born in the island of Ireland who has renounced Irish citizenship by making a declaration of alienage under section 21 of the 1956 Act will remain entitled to be an Irish citizen. Such a person will not be an Irish citizen unless he or she makes a declaration of citizenship, in a form required by the Department of Justice, Equality and Law Reform and in that case the resumed Irish citizenship operates from the making of that declaration.
The only way that a person who was born outside Ireland whose declaration of alienage had been accepted could subsequently regain Irish citizenship would be through naturalisation.
270. Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when a decision will be made in regard to an application for naturalisation by persons (details supplied) in County Cork; and if he will make a statement on the matter. [25652/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Applications for certificates of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Section of my Department on 16 October 2006 and 16 June 2006 respectively. Officials in that Section inform me that processing of the applications is at an advanced stage and the files will be forwarded to me for a decision in the coming months.
271. Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if an item of the new prison officer uniforms is to be manufactured here; the countries of origin of the new uniforms; and the cost of the contracts to provide the uniforms. [25655/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the OPW that the tender competition for the manufacture of the new prison officer uniforms was published through the etenders website and in the EU Journal on the 17th July 2008. This was a full international competition, with no restriction in respect of the nationality of tenderers. The tender was responded to by 9 companies, 6 of which were based in this jurisdiction, 2 in Northern Ireland and 1 in the UK. The contract was awarded to the JBS Group Ltd based in Monaghan.
[467]I can confirm that no Irish manufactured garments are included in the Irish Prison Service Uniform contract. In addition no Irish manufactured garments were offered by any of the other tenderers in this competition. The countries of manufacture of the 30 constituent garments are set out hereunder, which form a contract with an estimated value of €2.14 million.
272. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for long term residency for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [25680/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long-term residency by the person referred to by the Deputy was made on 27 September 2007. Officials in the Long-Term Residency Section of my Department have advised me that it is currently in the latter stages of processing. As soon as a decision is made on the case, the person concerned will be notified.
273. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be decided on for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [25681/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in January 2008. The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in early 2008. More complicated cases can at times take more than the current average while an element of straightforward cases are now being dealt with in less than that time scale.
There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.
274. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be decided on for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [25682/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in January 2008. On examination of the application submitted it was determined that the person concerned did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. A letter informing her of this was issued on 19 May, 2008. It is open to the person in question to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when she is in a position to meet the statutory requirements.
275. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for long term residency for a person (details supplied) in County Mayo in view of the fact that his Department stated in April 2009 that this person would be contacted in writing within a number of days. [25686/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the Long-Term Residency Section of my Department inform me that a decision was made on the application for long-term residency from the person referred to by the Deputy on 24 June 2009. A letter informing the person in question of this decision was issued on 24 June 2009.
276. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the nature and outcome of any value for money audit carried out by his Department during the past three years; and if he will make a statement on the matter. [25710/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has completed two Value for Money and Policy Reviews (VFMs) between 2006 and 2008. These reviews covered the following areas: Review of Asylum and Immigration Process Review of Projects Funded by the Probation Service Copies of the Reports outlining the results of [469]these VFMs have been submitted to the Dail Library in line with the Department of Finance Guidelines and are also available on the Department’s website.
277. Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform when the transfer of property between persons (details supplied) will be finalised; and if he will make a statement on the matter. [25716/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November, 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
278. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of complaints of intimidation, threatening behaviour and verbal assault the gardaí have received or investigated from 2006 to date in 2009; the number of prosecutions ensued; the number of formal warnings and anti-social behaviour orders issued in view of these complaints; and if he will make a statement on the matter. [25739/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.
279. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application under Section 3 of the Immigration Act 1999 for leave to remain in the State in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [25791/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question No. 144 of 25 June 2009.
The position remains unchanged as consideration of the person’s case is ongoing. While I am not in a position to give a precise timeframe as to when such considerations will be concluded, I wish to inform the Deputy that a decision is expected shortly and that the person concerned will be contacted directly and notified of any such decision.
280. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification in the case of a person (details supplied) in Dublin 8; if a visa will issue before their spouse’s passport expires; and if he will make a statement on the matter. [25792/09]
[470]Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned made a Family Reunification Application in respect of his wife in June 2008. The Family Reunification Division of INIS has recently been in contact with the person in question requesting further information and documentation. On receipt of that information the application will be processed further.
281. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency or leave to remain in the State in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25793/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned arrived in the State as an unaccompanied minor. He was subsequently reunited with his mother and included on her asylum application on 31 January 2001. His mother’s asylum application was refused on appeal. Following consideration of her case, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, Deportation Orders were signed in respect of her and her children on 26 August 2004.
Judicial Review proceedings challenging the Deportation Order in respect of the above named were instigated in March 2005. These proceedings were subsequently settled. The terms of the settlement included that the Deportation Order in respect of the person concerned be revoked and that he be allowed to make an application for asylum in his own right.
On 13 February 2008 the person concerned applied for asylum as an adult in his own right. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 29 May 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).
To date no response has been received in my Department to this letter. The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by or on behalf of the applicant.The case of the person concerned will be considered having regard to Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for Decision.
282. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [25794/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 141 of Thursday, 9 October 2008, and the written Reply to that Question.
[471]The person concerned applied for asylum on 13 February 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 26 October 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).
The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file is passed to me for decision.
283. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare is eligible for naturalisation; the procedure to be followed in this regard; and if he will make a statement on the matter. [25795/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must — be of full age; be of good character; have had a period of one year’s continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
In the context of naturalisation, certain periods of residence in the State are excluded. These include -periods of residence in respect of which an applicant does not have permission to remain in the State; periods granted for the purposes of study; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.
It is open to the person concerned to lodge an application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.
284. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if consideration will be given to self-catering accommodation in the case of a person (details [472]supplied) in County Clare on medical grounds; and if he will make a statement on the matter. [25796/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Reception and Integration Agency of my Department that there are no plans to relocate the person mentioned in the Question.
285. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when Part nine of the Criminal Justice Act 2006, which provides for a drug offenders’ register, will be established; and if he will make a statement on the matter. [25802/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda authorities that at present, a record of all persons subject to the notification requirements under Part 9 of the Criminal Justice Act, 2006 is maintained by the Garda National Drugs Unit, Dublin Castle and that arrangements are being put in place for such records to be maintained on a Divisional / District basis.
All persons subject of the requirements of Part 9, Criminal Justice Act, 2006 are monitored in accordance with the provisions of the Act and arrangements are being made for a Garda Inspector, in every Garda Division, to be nominated with responsibility for the monitoring of such persons, to ensure compliance by such persons within their Divisions.
I am further informed that as at 23 June, 2009 there are 770 persons subject to the requirements of Part 9, Criminal Justice Act, 2006.
286. Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when a decision will be made for citizenship for a person (details supplied) in County Cork who was granted naturalisation in 2009; and if he will make a statement on the matter. [25811/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in April 2008.
The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in early 2008. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.
However, I understand that the person concerned is a refugee. In accordance with the Government’s obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.
287. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the licensing costs imposed by the Private Security [473]Authority are more than ten times those of Northern Ireland; that alarm installers do not require a licence in Northern Ireland; the number of licences issued by the PSA since its establishment; the amount of money collected for those licences; the cost to the Exchequer of PSA salaries and administration during that period; and if he will make a statement on the matter. [25821/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Private Security Authority, established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry. The Authority is an independent body under the aegis of my Department.
It is considered inappropriate to compare the licensing costs associated with the private security industry in the State with those in place in Northern Ireland, given the significant differences that exist in the regulation of security contractors in each jurisdiction. In comparison to the mandatory licensing system which is operated by the Private Security Authority, the Security Industry Authority (SIA) in Northern Ireland operates a voluntary scheme of registration for contractors in the security industry. This voluntary scheme is not in fact open to contractors involved in the installation of intruder alarms as this sector was precluded from the legislation establishing the SIA. Any direct comparison of costs between the two schemes would therefore be fundamentally flawed, when one considers the voluntary nature of the SIA scheme against the standards based mandatory licensing scheme administered by the Private Security Authority, with its associated regulatory responsibilities, including substantial enforcement costs.
With regard to the other issues raised by the Deputy, the Authority has informed me that it has issued approx 1,600 contractor licences since the introduction of contractor licensing in 2006. Most contractors are now on their second licence, as the two year licences originally issued began to expire in 2008. There are currently 844 active contractor licences. In addition, the Authority has issued approximately 23,500 individual licences to date. The first individual licences are due for renewal in January 2010.
I am also informed by the Authority that, since its establishment in 2005, it has received, up to the end of May 2009, a total of €7.9 million in licence fees while the total costs of salaries and administration were €8.4 million. Taking into consideration the start up costs involved in all such projects, the Authority, in line with Government policy, is now on target to fund the regulation of the security industry through the fees raised.
288. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a private security firm working for the Corrib gas project of a company (details supplied) and which employs over 50 security personnel does not require those personnel to wear uniforms or identifying badges contrary to the statutory terms of the licence issued by the Private Security Authority; if he will ensure that this company no longer breaches the law; if he will inform the local gardaí to ensure that personnel of the company who are in contact with the public at the Belanaboy site have clear identification markings at all times; and if he will make a statement on the matter. [25831/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Private Security Authority, established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry. The Authority is an independent body operating under the aegis of my Department.
[474]Section 30 of the Private Security Services Act, 2004 provides for the wearing of identity badges when providing a security service. It is envisaged that Regulations, to bring these provisions into effect, will come into force on 1 September 2009.
With regard to the wearing of uniforms by individuals who have been licensed by the Private Security Authority, I am informed by the Authority that employees of the company referred to by the Deputy wear a uniform which complies with IS.999:2004. This is the Irish standard which is required for licensing by the Authority. I am further informed that these particular staff also wear a high visibility vest with markings which identifies them as staff of that company.
289. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath. [25839/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned and her two children applied for asylum on 6 April 2005. The two children were included on their mother’s asylum application. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 May 2007, that the Minister proposed to make Deportation Orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).
On the 1 August 2007, an application was made on behalf person concerned requesting that she be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act 1996 (as amended). Following consideration of this application, the application was refused and this decision was conveyed by letter dated 16 March 2009 to the legal representative of the person concerned.
The person concerned has submitted an application for Subsidiary Protection in the State and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.
290. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Cork; the position with regard to each case. [25840/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 174 of Tuesday, 7 April 2009, and the written Reply to that Question.
[475]The first named person concerned arrived in the State on 22 January 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 9 December 2004, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the first named person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
The second named person concerned arrived in the State on 20 May 2005 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the second named person concerned was informed, by letter dated 26 April 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were submitted by the second named person concerned at that time.
The second named person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the second named person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the second named person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the second named person concerned is passed to me for decision.
291. Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Limerick; if, in view of their background, he will reconsider their application for political asylum; and if he will make a statement on the matter. [25849/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 2 September 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 May 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be [476]allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).
The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.
292. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the garda resources allocated to areas (details supplied) in County Louth; if he will increase the resources; and if he will make a statement on the matter. [25854/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that as at the latest date for which figures are readily available, there were 4 members based in Dunleer Garda station and 4 members based in Clogherhead Garda Station. These stations, together with Drogheda Garda Station, form the Drogheda Garda District which has a total personnel strength of 113.
The allocation of policing resources throughout the Country, including personnel, together with overall policing arrangements and operational strategy, is a matter for the Garda Commissioner and senior Garda Officers. Such allocations are continually monitored and reviewed and this ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public.
293. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the amount of interest paid by him in respect of the late payments for goods or services contracted by his Department for the past five years to date in 2009; the steps being taken to ensure that money is appropriately spent and that payments are made on time; and if he will make a statement on the matter. [25866/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The amount of interest paid by my Department in respect of late payment for goods and services during the past five years is as follows: €10,342 (2005) , €35,845 (2006), €65,778 (2007), €41,572 (2008) and €4,634 (year to May 2009).
Based on a review of invoices received by my Department in the year to date and paid up to 31st May, 2009, the average time from receipt to payment is less than 14 working days.
294. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the length of time it takes for an individual to receive garda clearance; and if he will make a statement on the matter. [25881/09]
[477]295. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of persons employed by the Garda Central Vetting Unit; and the details of their positions. [25882/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 294 and 295 together.
I am informed by the Garda authorities that the average processing time for Vetting Applications received by the Garda Central Vetting Unit (GCVU) is four to five weeks. I am further informed by the Garda authorities that at present a total of 78 personnel is assigned to the Garda Central Vetting Unit, comprising eight Gardaí and 70 civilian personnel.
296. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform his views on an incident (details supplied); if action will be taken to improve the situation; and if he will make a statement on the matter. [25889/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that local Garda management is aware of the incident referred to by the Deputy. The matter is under active Garda investigation, and it is anticipated that an investigation file will be submitted to the Law Officers for consideration as to what charges, if any, should be preferred.
The Deputy will appreciate that, as the investigation is ongoing, it would be inappropriate for me to comment further at this time.
297. Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform if he will expedite the processing of a holiday visa application on behalf of a person (details supplied). [25912/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that the visa application for the person referred to has been approved.
298. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that some letting agencies are charging fees of between €80 and €100 to social welfare recipients to consult with a landlord on reducing the amount of rent charged; and that such a fee is prohibitive for many people in receipt of social welfare allowances; his plans to prohibit this practice; the method by which he will do so; and if he will make a statement on the matter. [25916/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Property Services (Regulation) Bill 2009 provides for establishment of the Property Services Regulatory Authority on a statutory basis. One of the primary functions of the new statutory Authority will be to operate a licensing system for property services providers, including letting agents.
Part 7 of the Bill makes detailed provision for a comprehensive system for investigating complaints against licensees and imposing appropriate sanctions where such complaints are upheld. The Bill provides that any person may make a complaint to the Authority concerning the provision of a property service and requires the Authority to investigate the complaint.
[478]The Bill was presented in the Seanad on 7 May 2009 and is currently awaiting Committee Stage.
299. Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform the number of members of An Garda Síochána who have received early retirement nationally and in North Tipperary since the 7 April 2009 supplementary Budget; the ranks and position of those who have left the force; if their positions have been filled; the number of members of the force operating at present in North Tipperary; the number of gardaí currently in training; when the next batch of recruits will enter the Garda College; and if he will make a statement on the matter. [26092/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the number of Gardaí, by rank, who have voluntarily retired from the Force in the months of April and May was as set out in the table hereunder:
| C/Supt | Supt | Insp | Sgt | Garda |
|---|---|---|---|---|
| 2 | 7 | 5 | 17 | 79 |
I have written to the Garda Commissioner in relation the information regarding retirements in the Tipperary Garda Division and I will write to the Deputy when this information is to hand.
The personnel strength of An Garda Síochána as at the latest date for which figures are readily available was 15,360 (14,426 attested members and 874 students in phases I-III). The strength of Tipperary Garda Division was 387 and 13 Reserve Gardaí.
The allocation of policing resources throughout the Country, including personnel, together with overall policing arrangements and operational strategy, is a matter for the Garda Commissioner and senior Garda Officers. Such allocations are continually monitored and reviewed and this ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public.
As the Minister for Finance has made clear, the moratorium on recruitment and promotions in the Public Service applies to the Garda Síochána, both sworn members and civilian support staff. By its nature, it does not apply to the Garda Reserve, whose members are unpaid volunteers who do not occupy public service posts.
The moratorium is due to remain in place until the end of 2010, and can only be deviated from in exceptional circumstances with the consent of the Minister for Finance.
300. Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform if he needs a site (details supplied) in County Tipperary to be completed in order to begin a new tactical firearms training programme for An Garda Síochána; when the proposal for the site was first announced; the stage of development the project is at; the number of stages ahead; and if he will make a statement on the matter. [26093/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In late 2006 the Office of Public Works purchased the site referred to by the Deputy on behalf of An Garda Síochána for use long term as a practical training centre, including firearms training for Gardaí.
[479]In the interim, An Garda Síochána have put in place arrangements for firearms training including the provision of modular live firearms facilities, the Firearms Automated Training System (FATS) and the use of army ranges. I am advised by the Garda authorities that there are sufficient resources and infrastructure in place to provide training for members of An Garda Síochána who are authorised to carry firearms.
I am advised by the Garda authorities that the development of the site referred to by the Deputy is at the conceptual planning stage and that the Garda authorities, in consultation with the Office of Public Works, are advancing their plans.
As the proposals are at an early stage of development and are dependent on availability of resources, it is not yet possible to give a timeframe for completion.
301. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if permission to remain in the State on humanitarian grounds will be offered to persons (details supplied) in County Mayo; and if he will make a statement on the matter. [26101/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 292 of Tuesday 4 November 2008 and the written Reply to that Question.
The persons concerned are a husband and wife and their three children. The first named person concerned entered the State with one of his daughters and claimed asylum in the State on 29 December 2004. They were refused asylum, following the consideration of their claims by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the first named person concerned was informed, by letter dated 12 September 2005, that the Minister proposed to make Deportation Orders in respect of him and his daughter. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why he and his daughter should be allowed to remain temporarily in the State. Representations were submitted on their behalf at that time.
Following consideration of their case under Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, the Minister signed Deportation Orders in respect of the first named person concerned and his daughter on 22 March 2006. These Deportation Orders were formally served by letter dated 24 March 2006.
On the 10 May 2006, an application was made on behalf of the daughter of the first named person concerned requesting that she be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act, 1996 (as amended). Following consideration of this application, the application was refused and this decision was conveyed by letter dated 4 September 2006. The first named person concerned and his aforementioned daughter remain the subjects of Deportation Orders.
The second named person concerned claimed asylum in the State on 23 December 2004. Her application was refused following the consideration of her claim by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the second named person concerned was informed, by letter dated 20 May 2008, that the Minister [480]proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).
The second named person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and, following consideration of this application, it was determined that she was not eligible for Subsidiary Protection in the State. She was notified of this decision by letter dated 30 October 2008.
The case file of the second named person concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this consideration has been completed, the case file of the second named person concerned is passed to me for decision.
The couple’s other two children have lodged separate asylum applications. It is not the practice to comment in detail on individual asylum applications where a final decision has not been made.
As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.
A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
302. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a stamp four will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26102/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that the permission to remain in the State granted to the person concerned, under the IBC/05 scheme, was renewed in June of 2007, on Stamp 4 conditions, and is currently valid until 14 June 2010.
303. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the status regarding an application for asylum by a person (details supplied) in County Cork; if, in view of their circumstances he will look favourably on this case; and if he will make a statement on the matter. [26130/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned arrived in the State on 15 January 2007 and applied for asylum on 5 November 2007. She gave birth to a child in the State on 30 November 2007 and this child was included on her mother’s asylum application. Her application was refused following consideration of her case [481]by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 10 July 2008, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).
The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.
The Deputy might wish to note that the representations submitted on behalf of the person concerned established that the child of the person concerned was in fact an Irish Citizen by virtue of her father’s residency status, in the State, at the time of her birth. Therefore, this child, as an Irish citizen cannot be considered for Subsidiary Protection nor will consideration be given to the making of a Deportation Order in respect of her irrespective of the outcome of her mother’s applications.
304. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the reason for the three year delay in processing an application for political asylum by persons (details supplied) in County Cork; the current position regarding this application; the legal status of the children in this application; and if he will make a statement on the matter. [26131/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named Applicant arrived in the State on 27 October 2006 and applied for asylum which was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, a Deportation Order was signed in respect of the first named Applicant on 12 February 2009. Judicial Review Proceedings were instituted in the High Court on 28 April 2009, but these proceedings do not challenge the validity of the Deportation Order. As this matter is now sub judice I do not propose to comment further.
The second named Applicant arrived in the State on 8 December 2006 and applied for asylum which was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, a Deportation Order was signed in respect of the second named Applicant on 19 February 2009. As an exceptional measure, an undertaking was given not to enforce the Deportation Order in relation to the second named Applicant.
The third named Applicant was born in the State on 3 August 2007 and is the daughter of the first and second Applicant. Under the Irish Nationality and Citizenship Act, 2004; she is [482]not an Irish citizen. The third named Applicant applied for asylum on 9 April 2009, approximately one year and eight months after she was born and a few weeks after her parents were notified of the Deportation Orders made in respect of them. This application was refused by the Office of the Refugee Applications Commissioner. This decision has been appealed to the Refugee Appeals Tribunal and a decision is pending. As Judicial Review Proceedings were instituted in the High Court on 28 April 2009, this matter is sub judice and I do not propose to comment further.
If an application for asylum has been made in respect of any of the other persons concerned, the Deputy should note that it is not the practice to comment on asylum applications that are pending.
305. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the position regarding an application for political asylum by persons (details supplied) in County Cork; when a final decision can be expected on this application; and if he will make a statement on the matter. [26132/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): If an application for asylum has been made by each of the persons concerned, the Deputy should note that it is not the practice to comment on asylum applications that are pending.
306. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if persons (details supplied) will be supported. [26190/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I assume the Deputy is referring to the position in law under which the defamation of a person who has died is not actionable. I can inform the Deputy that while there are no proposals for change on the matter the Defamation Bill 2006 does provide that a cause of action in defamation survives the death of the person in respect of whom the alleged defamatory statement was made.
The Deputy will appreciate that, as regards the particular subject matter of his question, the question in any event of applying any change in the law retrospectively is problematic.
307. Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the reasoning for the Legal Aid Board’s intention to establish a model law centre in Dublin City centre; the position regarding the post of managing solicitor; the number of solicitors at the Law Centre; the waiting time for legal aid boards in Dublin; and if he will make a statement on the matter. [26193/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that the Legal Aid Board is committed to ensuring that it provides legal services in a professional, efficient and cost effective manner and, in order to achieve that objective, it has recently carried out comprehensive reviews of its operations.
The reports emanating from these reviews have recommended that the Board should establish a “model law centre” which would be used to develop a best practice template for the operation of all of the Board’s law centres. It was envisaged that such a law centre would adopt standard procedures, processes and precedents in relation to the delivery of services and that [483]it would have a far higher reliance on an updated ICT capacity to enable much of the routine work to be processed more efficiently and effectively.
I understand that the Board has accepted these recommendations and is about to launch a model law centre on a pilot basis in Dublin, based in the Board’s existing premises in North Brunswick Street. The model law centre will be used to fully test and implement the relevant recommendations of these reports and to facilitate the subsequent new procedures and processes to be rolled out across the entire Board’s operations. The centre will also be used to examine innovative ways of trying to reduce waiting times for first appointments for legal assistance and advice.
It is anticipated that the model law centre, which will in due course be staffed by four solicitors, will commence its operations initially with two solicitors, including a Managing Solicitor and it will also have a number of support staff. The actual number of solicitor and support staff will be based on the work load coupled with the opportunities to redeploy staff from other areas. I understand that the position of Managing Solicitor has now been filled and the person in question has now taken up the post.
I am informed that the waiting list times for the Dublin based law centres, as at the end of May, are on average 4 months.
308. Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the reason the Legal Aid Board held its board meeting in its office at Cahirciveen, County Kerry; the breakdown of costs of board meetings by the Legal Aid Board; and if he will make a statement on the matter. [26194/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Deputy will be aware that the Legal Aid Board’s head office is located in Cahirciveen, County Kerry and it is for this reason and in keeping with normal practice that the Board considers it appropriate to hold a number of its Board meetings there. In any particular year, the Legal Aid Board holds at least half of its Board meetings in Cahirciveen with the remainder held in Dublin. In 2008, six Board meetings were held in Cahirciveen and four in Dublin. This year to date, three Board meetings have been held in Cahirciveen and three in Dublin.
The total cost of travel and subsistence from January to end of May 2009 for Board members attending meetings was around €9,000. Costs are not recorded by reference to the location of particular meetings.
309. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if the National Property Services Regulatory Authority has the necessary legislative powers to conduct its business; and if he will make a statement on the matter. [26205/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Property Services (Regulation) Bill 2009 provides for establishment on a statutory basis of the Property Services Regulatory Authority. The Bill was presented in the Seanad on 7 May 2009 and is currently awaiting Committee Stage. I look forward to discussion of the Bill’s provisions in this House in due course.
310. Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform if, with regard to the recently published Bill on the use of firearms, he has received correspondence [484]from an organisation (details supplied); if he has responded to them; if he will meet them to discuss their concerns; and if he will make a statement on the matter. [26235/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My proposals on firearms control measures were announced last November and are contained in the Criminal Justice (Miscellaneous Provisions) Bill 2009 which completed Committee Stage on 18 June 2009. I have received and responded to the correspondence from the organisation referred to by the Deputy.
I also met with the Firearms Consultative Panel three weeks ago and listened to their views. While I undertook to reflect on the points they made, I reiterated the Government’s reasons for restricting access to handguns. I have always made it clear that this ban was not brought forward in the context of tackling gangland crime. The situation which has come about in recent years was not as the result of any considered policy decision and, in particular, it has been made clear that the Government does not wish a handgun culture to take hold here. I consider that handguns are different because they are easy to conceal, because they can discharge a large number of bullets rapidly and because they feature so often in gun rampages. It is after such rampages that gun laws are invariably tightened up as can be seen in many countries around the world. Experience in other countries shows us that any relaxation of controls on gun ownership very quickly results in dramatic growth in firearms with many longer term negative downstream consequences.
While it is not my function to create a hierarchy of merit among the various target shooting disciplines, Olympic shooting activities would be generally recognised as being in a special category. At the other end of the spectrum not all shooting activities are as legitimate and credible as some of their proponents would claim them to be.
With the passage of this Bill, while the law will be tighter, people who hold firearms now will be able to apply to licence their firearm under the new licensing system. The Garda Commissioner will have the additional powers he needs to address matters relating to firearms licensing.
I am conscious, however, of the medium and longer term strategic and developmental issues for shooting sports in Ireland and as a result of my meeting with the Panel I have written to the Minister for Arts, Sports and Tourism in relation to a number of points.
311. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied). [26260/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question made an application for Family Reunification on behalf of her children in May 2008.
This application was forwarded to the Office of the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.
This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 24 months to process.
312. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the position regarding legislation and regulations governing deliveries of alcohol to private houses at night-time; if there are restrictions on same; his plans to amend this legislation; and if he will make a statement on the matter. [26276/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Government Alcohol Advisory Group considered issues relating to distance sales of alcohol in the Report which it submitted last year. Under section 17(3) of the Intoxicating Liquor Act 2003 it is an offence for a licensee, with intent to evade the conditions of the license, to take alcohol from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. Moreover, under section 31 of the Intoxicating Liquor Act 1988 it is an offence for a licensee to sell or deliver, or permit any other person to sell, or deliver, alcohol for consumption by a person under the age of 18 years in any place except with the explicit consent of the persons’ parent or guardian in a private residence in which he or she is present either as of a right, or with permission.
In cases where alcohol is purchased from a licensee’s web site, e.g. on-line shopping, the Group drew attention to the requirement that payment must be made as part of the on-line transaction and not later on delivery of the product. The Group considered that sales of alcohol which had been ordered by telephone or text messaging and which were paid for on delivery were illegal and recommended that the Gardaí should target dial-a-can and similar delivery services with a view to prosecuting the offending licensees.
During discussions leading up to the enactment of the Intoxicating Liquor Act 2008, I undertook to examine the possibility of making it an offence for third parties to deliver alcohol from licensed premises to customers where payment has not already been made in advance of delivery. I intend to deal with this matter in the forthcoming Sale of Alcohol Bill.
313. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the number of murder trials in which the accused was acquitted on legal, technical or other grounds since 1970; the number of such cases wherein proceedings could be resumed in the event of appropriate legislation; and if he will make a statement on the matter. [26295/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Statistics in relation to murder trials are a matter for the Courts Service, which under the Courts Service Act, 1998 is independent in the performance of its functions (s. 4(3)). Its functions include the management of the courts, (s.5(a)) and provision of court related information (s. 5(c)).
The Criminal Procedure Bill 2009, which is awaiting Committee Stage in Seanad Éireann, creates two exceptions to the rule again double jeopardy. The effect of this long-standing rule is that a person may not be tried twice for the same offence. The Bill provides that (1) where new and compelling evidence emerges after a person’s acquittal; or (2) where evidence emerges that an acquittal is tainted, for example because of witness intimation, perjury or bribery, the Director of Public Prosecutions may apply to the Court of Criminal Appeal for an order quashing the acquittal and seeking a re-trial.
These provisions will apply to persons charged and acquitted after the commencement date — it will not be possible to use them to re-open old cases as I am advised that to do so could be viewed as an interference by the Oireachtas in the administration of justice. In other words, it could be seen as a breach of the constitutional position on the separation of powers.
314. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the position in relation to the White Paper on Crime which was first promised 11 years ago; and when it is expected to be completed. [26462/09]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Earlier this year I announced the commencement of work on a White Paper on Crime which it is intended to complete during 2011.
A key element in the process will be the production of a series of discussion documents designed to stimulate and structure the debate on relevant topics. The first in the series will be published shortly.
Further information is available on my Department’s website, which also provides an opportunity to express views on the process and to register for updates.
315. Deputy Fergus O’Dowd asked the Minister for Foreign Affairs the nature and outcome of any value for money audit carried out by his Department during the past three years; and if he will make a statement on the matter. [25708/09]
Minister for Foreign Affairs (Deputy Micheál Martin): The Evaluation and Audit Unit of my Department undertakes the programme of Value for Money Reviews under the Government’s Value for Money and Policy Review Initiative. In the past three years, Value for Money Reviews have been completed in regard to the following activities: the Passport Service; support for Irish Emigrant Groups Programme; support to Tsunami Affected Countries; the Mozambique Country Programmes, 2001-2006.
The overall findings from the above reviews have been very positive. They have also brought forward a number of recommendations resulting in my Department taking appropriate actions to enhance the effectiveness of the programmes concerned.
For example, the review of the Passport Service concluded that the Passport Offices provide a high level of customer service. This report also highlighted major advances in the service in recent years such as the roll out of the automated production system and the production of e-passports.
In the case of programmes administered by Irish Aid, the Government’s Official Aid Programme managed by my Department, the reviews seek to ensure that there is a clear focus on poverty reduction pursued through strategies and approaches in keeping with international best practice for improved aid effectiveness.
The Department’s independent Audit Committee takes a close interest in the Value for Money Review process, including following up on the implementation of recommendations.
As with all major evaluations, completed Value for Money Reports, once approved, are laid before the Houses of the Oireachtas, submitted to the Oireachtas Select Committee on Foreign Affairs, and published on the Department’s website.
316. Deputy Joe Costello asked the Minister for Foreign Affairs if he has received the requisite report from the Voter Education Fund and the Rock the Vote Project in respect of the funding he supplied under the Communicating Europe Initiative as detailed in his reply to Parliamentary Question No. 600 of 24 March 2009; if he will supply details of the requisite [487]report; if he proposes to allocate a similar sum of money for similar campaigns in advance of the second Lisbon Referendum; and if he will make a statement on the matter. [25806/09]
Minister for Foreign Affairs (Deputy Micheál Martin): My officials received a detailed report on the Rock the Vote project from the Voter Education Fund organisation on 5 June 2009. A copy of the report will be forwarded to the Deputy. The report describes the activities undertaken as part of the Rock the Vote project in encouraging participation in the referendum on the part of younger voters.
