3 o’clockPrelude
Ceisteanna — Questions
Appointments to State Boards
Consultancy Contracts
Policy Development and Implementation
Northern Ireland Issues
Priority Questions
Nursing Homes Support Scheme
Accident and Emergency Services
Health Service Executive Board
National Drugs Strategy
Other Questions
Hospital Accommodation
Fair Deal Scheme
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Adjournment Debate Matters
Leaders’ Questions
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Order of Business
Criminal Justice Bill 2011: Second Stage (Resumed)
Government and Oireachtas Reform: Motion
Adjournment Debate
Passport Applications
School Transport
Employment Support Services
Job Creation
Written Answers
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Medical Cards
Child Care Services
Primary Care Strategy
Smoking Ban
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National Drugs Strategy
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North-South Ministerial Council
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Health Insurance
Constitutional Amendments
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Medical Cards
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Accident and Emergency Services
Care of the Elderly
Ministerial Staff
Irish Communities Abroad
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Passport Applications
EU Enlargement
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Flood Relief
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Íocaíochtaí Deontas
School Staffing
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School Staffing
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Special Educational Needs
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Departmental Properties
Home-School Liaison Scheme
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Pension Fund Assets
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Social Welfare Appeals
Social Welfare Benefits
Social Welfare Code
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Social Welfare Code
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Departmental Schemes
Social Welfare Code
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Bog Purchase Scheme
Inland Waterways
Job Creation
Departmental Funding
Ministerial Staff
Imeachtaí Comórtha
Scéimeanna Caipitil
Fisheries Protection
Telecommunications Services
Offshore Exploration
State Property
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Public Procurement
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Ministerial Staff
Missing Children
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Energy Conservation
Departmental Staff
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Litter Pollution
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Ministerial Staff
Rural Development Programme
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Social and Affordable Housing
An Taisce Funding
Planning Issues
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Walks Scheme
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Housing Management Companies
Alternative Energy Projects
Planning Issues
Departmental Staff
Planning Issues
Employment Rights
Water and Sewerage Schemes
Local Authority Housing
Visa Applications
Garda Investigations
Deportation Orders
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Missing Persons
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Organised Crime
Ministerial Staff
Residency Permits
Prison Committals
Garda Deployment
Citizenship Applications
Garda Investigations
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Housing Management Companies
Adoptive Leave
Proposed Legislation
Garda Deployment
Garda Transport
Garda Deployment
Garda Vetting of Personnel
Liquor Licensing Laws
Earcaíocht Fórsaí Cosanta
Defence Forces Reserve
Defence Forces Personnel
Animal Welfare
Departmental Schemes
Animal Diseases
Fisheries Protection
Pigmeat And Poultry Sectors
Food Labelling
Departmental Agencies
Tionscal na hIascaireachta
Grant Payments
Harbours and Piers
Grant Payments
Departmental Agencies
Grant Payments
Animal Welfare
Ministerial Staff
Grant Payments
Milk Quota
Departmental Agencies
Ministerial Staff
Voluntary Sector Funding
Departmental Agencies
Health Insurance
Hospital Waiting Lists
Health Services
Hospital Waiting Lists
Missing Children
Health Services
Health Service Staff
Ambulance Service
Hospital Services
Health Services
Medical Cards
Health Service Staff
Care of the Elderly
Health Service Allowances
Hospital Services
Medical Cards
Ministerial Staff
National Drugs Strategy
Medical Research
Social Welfare Benefits
National Drugs Strategy
Medical Cards
Medical Treatment Overseas
Drugs Payment Scheme
Health Services
Hospital Waiting Lists
National Children’s Strategy
Medical Cards
Hospital Services
National Lottery Funding
Nursing Homes Repayment Scheme
Medical Cards
Hospital Waiting Lists
Hospital Services
Tobacco Sales
Hospital Waiting Lists
Medicinal Products
Health Services
Nursing Home Accommodation
Health Services
Hospital Staff
Hospital Services
Hospitals Building Programme
Hospital Services
Hospital Accommodation
Long-Term Illness Scheme
Medical Cards
Hospital Services
Medical Cards
Accidents at Sea
Footpath Maintenance
Taxi Regulations
Public Transport
Ministerial Staff
Sports Funding
Road Network
Fáilte Ireland
Tourism Promotion
Sports Capital Programme
Road Network
Fishing Vessel Safety
Departmental Programmes
Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m. Paidir. Prayer.1. Deputy Micheál Martin asked the Taoiseach if he will consider allowing Oireachtas joint committees play a greater role in the selection of candidates to State boards other than chair persons. [10466/11]
2. Deputy Micheál Martin asked the Taoiseach if he will allow appointees to State boards other than chairpersons to appear before Oireachtas committees to assess their suitability. [10467/11]
The Taoiseach: I propose to take Questions Nos. 1 and 2 together.
The Government has no plans to provide for appointees to State boards, other than chairpersons, to appear before Oireachtas committees to assess their suitability. The appearance of chairpersons designate before committees to discuss their views on the role of the State body concerned and their approach to the issues arising will provide an appropriate framework for Oireachtas oversight in the appointments process, given the responsibility of the relevant Minister, or the Government as appropriate, for the appointment of members of boards. Enhanced accountability to the Oireachtas by State bodies in respect of their performance will be put in place both through enhanced provision for parliamentary questions and through a renewed system of committee oversight in line with the programme for Government.
Deputy Micheál Martin: Does the Taoiseach agree that this is a significant reversal from previous positions he adopted on this issue? It is now very clear that the Government will appoint chairpersons and that a person will only resign if he or she makes a fool of himself or herself before the designated committee. If the Taoiseach believes the system of appointing persons to State boards is wrong, why is he not changing it? What we are getting is the appearance of change rather than substance. Before entering Government, the Taoiseach was committed to the establishment of a public appointments service which would handle the appointments process and give Ministers a short list informing them who was qualified and who was not. That has now been dropped by the Taoiseach. Will the Taoiseach consider the example set by the former Minister, Mr. Eamon Ryan, who under the Broadcasting Act 2009 gave the power [618]to nominate individuals to the boards of RTE, the Broadcasting Authority of Ireland and TG4? Would that not really represent substantial change if that was the mainstream approach across appointments to State agencies as opposed to the position the Government is now taking where it is only the chairperson who has to appear before a committee and barring an appalling performance by the chairperson, nothing will happen and the appointment decision of the Minister will be rubber-stamped by the committee on which the Government parties already have a substantial majority?
The Taoiseach: I regard what the Government is doing here as a major advancement. I can point to a number of performances that certainly were less than adequate on the basis of what happened previously where people were appointed on the basis of friendship as distinct from ability or talent. On many occasions I have made the point that what we are about here is changing the system and I am not sure where the former Minister, Mr. Eamon Ryan, is at the moment, but certainly the position adopted by the Government now is very much removed from that which applied for very many years here. As the Deputy is aware what we have put in place is that people will respond to public notices about the requirements and the range of competencies involved in the appointment to the chairmanship of any State board or agency. Where casual vacancies arise, the spectrum and pool of talent will be very much broadened now because people will respond to public notices on the availability of places on boards or agencies and will be considered in that context.
The Deputy sat on the front bench on the Government side when I asked the former Taoiseach whether it was on the basis of ability or friendship that many of the appointments were made and he said it was on the basis of friendship. What we are about here is talent and ability. The changes in the system of openness through parliamentary questions and the committee system will lead to oversight here. It is a very major advancement from where we were. We want to see the best men and women, who are willing to take on these positions of importance, take them up and play their part in the development of the country. We want to see that talent given its best opportunity to express itself.
Deputy Micheál Martin: I am not responsible for the pre-election promises the Taoiseach made. He should allow himself to be judged by the commitments he made. He can comment all he likes on previous governments and previous Ministers. He was also a Minister and he appointed in accordance with tradition, friendship, Fine Gael trustees and so on like that. Does the Taoiseach not agree that the system the Government is putting before us does not represent any major advance at all? We are just talking about chairpersons and no other member of a State agency is required to appear before a committee or will need to present in any shape or form. Ministers are already suggesting to people to apply. The word on the street is that people think they are in line for preferment on to a State board. There is a bit of a mirage going on here. Does the Taoiseach not agree that this is about the appearance of change rather than the substance of change? Why will he not consider broadening the system that the former Minister, Mr. Eamon Ryan, introduced? I say that irrespective of what political affiliation Mr. Eamon Ryan had. He initiated a significant breakthrough in appointments to State agencies——
An Ceann Comhairle: A question, please.
Deputy Micheál Martin: ——when he gave authority to the committee to nominate people. Does the Taoiseach not agree that the Government has rowed back from its pre-election commitment to allow a public appointments service to screen, if one likes, potential appointees to boards and to make those lists available to Ministers? That has all been dropped now. Why has the Taoiseach reversed that commitment he made in advance of the general election?
[619]The Taoiseach: The Deputy speaks of mirages and illusions. I remember asking questions from the seat he now occupies only a few weeks ago as to whether representatives of the IMF were in town. No, we did not hear anything about that.
Deputy Micheál Martin: The Taoiseach should have asked the Minister, Deputy Varadkar.
Deputy Jerry Buttimer: The Deputy would be happy to get Mr. Brian Cowen to do it.
The Taoiseach: There were mirages and illusions: these people were not in town at all; it was so completely untrue.
Deputy Micheál Martin: I believe the Minister, Deputy Varadkar, might be meeting them now.
Deputy Robert Dowds: The Central Bank at the time——
Deputy Finian McGrath: Give Leo a ring.
Deputy Micheál Martin: The Taoiseach should answer the question.
Deputy Jerry Buttimer: The Deputy never asked in his 14 years as a Minister.
The Taoiseach: The fact of the matter is that we have a programme for Government that commits itself to allowing for the chairpersons designate of State boards and agencies to be brought before committees to give their views on their potential and on how they envisage those bodies or agencies developing. Where casual vacancies occur in any of the State boards, information is to be made available, by public notice, for those with an interest in being considered for appointment. One can take it that, in so far as the Government is concerned, people of competence and ability will be considered for nomination. However, in so far as the chairpersons designate are concerned, there is a commitment in the programme for Government and we are honouring it. It is already in situ.
The measure does not go as far as former Minister Eamon Ryan wanted. He is not present any more but that is not the reason. This is a major advancement on the position that applied for very many years. When my party was last in Government, in the 1990s, the system was different. It is very different now and will be so. Those men and women who are appointed as chairpersons of State agencies and boards will have to have the experience, competence and capacity to measure up to the difficult tasks they will face.
Deputy Gerry Adams: Chun an fhírinne a rá, níl aon chumhacht ag na coistí maidir leis an obair seo. Tá ceist amháin agam. An seasfaidh an Taoiseach leis an ngeallúint a thug sé i rith an toghcháin? The question is quite simple. The Taoiseach promised transparency and to change the way this place would be run. Committees have no power such that they can have any real say in the appointments of people to State bodies. Given the poverty in society, the revelations about carers, about which those of us who work in constituencies will know, and the plight of the unemployed, we should bear in mind that appointees earn huge sums of money. There is no independent or even semi-independent way of scrutinising their appointments. The proposal is not a major advancement. Will the Taoiseach not admit that in the House?
The Taoiseach: Ní raibh sé i gceist ar chor ar bith go mbeadh cumhacht iomlán ag na coistí maidir leis na daoine a cheapfar mar bhaill de na boird seo. De réir an Teachta, faigheann cuid [620]de príomh-oifigigh na rannóg Stáit tuarastail an-ard. Tá na tuarastail ó thaobh na gcathaoirleach de foilsithe agus tá siad fíor-soiléir. Tá na cathaoirligh freagrach don Rialtas. Tá cead ag baill an choiste ceisteanna a chur orthu siúd atá toilteanach, nó a bhfuil fonn orthu bheith mar chathaoirligh ar rannóg nó bord Stáit ar bith. Is mór an athrúé sin atá curtha i gcrích ag an Rialtas seo. Tá sé fíor-soiléir. Tá cead ag gach Teachta freastal ar chostí Oireachtais agus ceisteanna a chur ar dhuine ar bith gur mhian leis nó léi bheith ina gcathaoirligh ar bord nó rannóg. Is mór an athrúé sin, ó thaobh soiléireachta agus freagrachta de, i gcomparáid leis an méid a bhí in áit le blianta anuas.
Deputy Gerry Adams: Is féidir a lán ceisteanna a chur, ach gan cumhacht ní féidir aon rud eile a dhéanamh.
3. Deputy Micheál Martin asked the Taoiseach the public affairs, public relations and advertising contracts that have been established by him since he has taken office. [10715/11]
The Taoiseach: My Department has advertised no public affairs, public relations or advertising contracts since I have taken office.
Deputy Micheál Martin: I welcome the continuation of your predecessor’s policy of not having such contracts.
Deputy Jerry Buttimer: What about Bertie and the make-up?
Deputy Micheál Martin: That is a fact. Has the Taoiseach determined whether any State bodies under his Department have taken a similar approach?
The Taoiseach: I do not have that information to hand. The Deputy can take it that I have followed my predecessor’s position in regard to this matter, but I have no intention of following his pathway on many other matters. That is why we have a Government to make very different decisions about the welfare and future of our country.
I will check with my Department in so far as its connection with any State agencies is concerned with public affairs or public relations contracts that are currently in position or that are up for renewal.
Deputy Micheál Martin: Thank you.
4. Deputy Gerry Adams asked the Taoiseach the work he has undertaken to co-ordinate Government policy on economic renewal and jobs. [11382/11]
5. Deputy Micheál Martin asked the Taoiseach if he will provide details of any arrangements put in place under the control of his Department other than Cabinet committees to co-ordinate policy through Government. [11802/11]
6. Deputy Micheál Martin asked the Taoiseach if he will detail the economic tasks administered on his behalf by him which do not fall within the realm of Cabinet confidentiality following his revised approach to Cabinet committees. [12097/11]
7. Deputy Micheál Martin asked the Taoiseach if he will give details of his contribution to the jobs initiative. [12832/11]
[621]The Taoiseach: I propose to take Questions Nos. 4 to 7, inclusive, together.
As head of Government, the primary means by which I co-ordinate policy development and implementation is through chairing Government meetings, the Government Economic Management Council and Cabinet committees. The deliberations of these bodies are all bound by the principle of Cabinet confidentiality. I also represent Ireland’s interests, including economic interests, through my attendance at European and other international meetings. I meet business representatives and other individuals and groups around the country on a regular basis.
My Department co-ordinates policy in several other ways including through monitoring implementation of the programme for Government and supporting interdepartmental and other groups in specific areas when required. However, responsibility for specific aspects of the economic policy, including the jobs initiative, rests with a number of my Government colleagues including the Minister for Finance, the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation. These are available to answer specific questions on any individual area of economic policy.
Deputy Gerry Adams: I am trying to get a measure of the commitments given by Fine Gael and Labour, the parties who make up this Government, before the election. The Taoiseach said that job creation would be his number one priority and promised to create 100,000 jobs over five years through the NewERA programme. He told voters he would invest €7 billion in the development of the State’s water services, telecommunications infrastructure and energy industry. The Tánaiste proposed a €500 million jobs fund and a strategic investment bank with a capacity of €2 billion from the National Pensions Reserve Fund.
In terms of trying to co-ordinate the work of the Government, and the Government seems to be quite unco-ordinated and speaking with many different voices at this time, have those promises been abandoned? Have they been made subservient to the IMF and EU sovereignty over this part of the island or is a serious effort being made to bring in jobs as the only sure cure for this recession?
The Taoiseach: Yes. A serious effort is being made to bring in jobs. That is why the Tánaiste and Minister for Foreign Affairs and Trade has already met all of the European ambassadors here and all of the non-European ambassadors. The Minister for Finance, other Ministers and I meet political and business interests outside Ireland in respect of continuing to put emphasis on the attractiveness of this country in terms of its location for investment because of the flexibility of our workforce, our proven record and our entrance to a single market of 500 million customers.
The Deputy will realise that the programme for Government is for the period of Government. This Government is now in situ just more than 80 days and already it has made serious decisions in respect of the banking problem where we had six dysfunctional banks. We have introduced a jobs initiative which is not to the extent we would wish but it is constrained by virtue of the economic circumstances in which we find ourselves, and the Government is now carrying out a serious analysis of the ways public money is spent. That comprehensive spending review will be finished by September. The Minister for Finance will commence his bilateral discussions with individual Ministers in respect of the preparation for the 2012 budget.
It would be very easy to stand here and say it is easy to govern if one has billions of euro to lash out. In the case of making decisions about priorities, these are matters that Government will consider in terms of the programmes that should be abolished, the programmes that should be extended, and the programmes that should be kept in the interests of fairness in society and of fairness to the people. In other words, in facing into this economic challenge the country faces, it has to be demonstrated that there are decisions being made that impact on everybody and that everybody has a part to play in that.
[622]Deputy Gerry Adams: The Taoiseach said it would be easy to govern if one had billions of euro to lash out. However the Government is lashing out billions to banks and to those who are retiring from that elite group, and it is cutting money from carers, classroom assistants and from the most vulnerable sections of our society. I do not see any excuse for that. There is a huge gap, a bearna mhór, between the commitments made and what is being done now. The Taoiseach only has to go into any one of those sectors in his own constituency and see how much they are hurting at the moment.
An Ceann Comhairle: Can we have a supplementary question?
The Taoiseach: I have occasion to get around the county that I represent as a Deputy. The Deputy has spoken about commitments entered into in respect of banks, which is true. I had the opportunity to open a small, two teacher school in the past fortnight, money for which was provided by the last Government.
Deputy Micheál Martin: The Taoiseach had better not tell Deputy Quinn.
The Taoiseach: It cost €1 million and is a beautiful building with all the facilities provided. I am sure it is a privilege for the staff to teach there. When one considers that we could build 3,000 of those every year for ten years in respect of the promissory notes of €30 billion signed for banks over the next decade, then one can understand the scale of the background to where we now find ourselves.
Deputy Gerry Adams: That is a choice.
The Taoiseach: That is gone and we now have to deal with the consequences of those decisions. That is why the Government has made decisions focusing on the banks and sorting out our budget deficit over the next few years, and focusing on the creation of jobs, giving some stimulus to the indigenous economy and presenting this country as being open for business and as a location for foreign direct investment that is unparalleled. That is evidenced by the continuing strong interest in investment here, which is something I am sure the Deputy supports, as it impacts on his constituency as well.
An Ceann Comhairle: I call Deputy Martin.
Deputy Gerry Adams: Would the Taoiseach consider equality proofing these decisions?
An Ceann Comhairle: I am sorry, but I have called Deputy Martin.
Deputy Micheál Martin: Questions Nos. 5 and 6 deal with the Taoiseach’s role in co-ordinating economic policy and Question No. 7 is about the jobs initiative. I will deal with the three of them and I will ask permission for supplementary questions, especially for Question No. 7.
The Taoiseach has restructured the Department in such a way as to remove nearly all of his work from parliamentary scrutiny and put it behind Cabinet confidentiality. The Taoiseach gave the new economic Cabinet committee a good name, but in essence its effect is to end the ability of Members on this side of the House to ask the Taoiseach about nearly all of his work in the economic field. That is the exact opposite to the increased transparency that we were promised by him on coming into Government. The Taoiseach normally oversees a range of co-ordination measures for Government priorities, but if all of these come under Cabinet committees, then clearly that work is effectively shielded from all scrutiny. How can the Taoiseach talk about increased accountability when he is directly reducing it in his own work?
[623]The Department of the Taoiseach is setting a very aggressive approach in transferring questions elsewhere and disallowing questions that have always been answered by taoisigh in the past. The situation is getting worse, as far as we can see. Are there any economic matters handled by the Department for which the Taoiseach is willing to be accountable during Question Time? What would they be?
My question on the jobs initiative is again about transparency——
An Ceann Comhairle: We will deal with that issue separately to these questions.
The Taoiseach: My Department has an economic and social policy division that is available to provide me, as Taoiseach, with advice and briefing on appropriate relevant issues. I set up a number of Cabinet committees, including committees on economic recovery and jobs, social policy, climate change and the green economy, European affairs, economic infrastructure, Irish in the Gaeltacht and public service reform. The economic Cabinet committee met on Thursday, 26 May for the first time. I chair that committee. The Government economic management council has met on 14 occasions. I chair all of those meetings. We discuss the economic issues of the day, the issues that are likely to arise and how we should deal with them. From that point of view, in my capacity as Taoiseach, I have access to the economic and social policy division of my own Department. I interact on a regular basis with the Minister for Finance and the Minister for public expenditure and reform, as well as all other Ministers. Matters arise at Cabinet, as the Deputy is aware, and are discussed on a weekly basis. The Deputy may feel free to ask any question he wishes. He has that opportunity during Leaders’ Questions in any event. The Government has created two new Departments, one dealing with finance overall and the other dealing — for the first time by a senior Minister — with how that money is spent and how services should be provided in order to obtain the best results for the taxpayer. That is a serious advance. As part of that, the office of the Taoiseach is kept constantly informed and is entitled to interact and guide economic policy through its chairmanship of the economic management council and the other Cabinet committees I have mentioned.
Deputy Micheál Martin: The Taoiseach did not actually respond to the questions I put about accountability to the House with regard to his own work in co-ordinating economic policy across Government. What the Government is putting in place is a structure that shields the Taoiseach from any real accountability to the House on economic matters. That is reflected in his utilisation of Cabinet confidentiality in respect of the committees he has established and also by the disallowing or transfer of a range of questions that were put to him and other Ministers. This flies in the face of what the Government committed to in terms of increased transparency.
With regard to Question No. 7, the issue of increased transparency again arises. The Taoiseach has so far refused to release any information or any of the background material provided in the lead-up to the announcement of the jobs initiative. Did he at any stage ask for a briefing on the possible impact of the pension levy? Will he make this briefing material available to us? In addition, will he indicate to the House whether he personally made any attempt to implement the promise of a major jobs budget which he made last February? The Taoiseach said publicly that there would be a major jobs budget, but it was subsequently scaled down. Can he provide any insight into the interaction between him and the other Ministers when they talked him down from the precipice of the jobs budget, which became a mere budget-neutral jobs initiative?
The Taoiseach: It is nonsense to suggest that the Department of the Taoiseach is not responsible for economic policy here.
[624]Deputy Micheál Martin: I said “accountable”.
The Taoiseach: I have chaired 14 meetings of the economic management council dealing with fundamental elements of our economy and how we can get out of the mess we have been left with. The same applies in respect of the other Cabinet committees, which, as the Deputy knows, are subject to the principle of confidentiality.
Committee Stage of the Finance Bill will be taken next week. Politics, as the Deputy is well aware, is about making decisions to move the country forward for the benefit of the people. Being political people ourselves, we obviously have views about what might be of benefit to the economy and, as a consequence, to the people, such as the reduction in employers’ PRSI and the targeted reduction in VAT to realise the potential of the tourism sector and create employment. These are political decisions which were made based on clear views about what the Government should do within the constraints of the IMF-EU deal. I make no secret of the fact that we would have loved to be in a position to have a much more expansive budget to assist with job creation. We have just been through a quarterly analysis of the IMF-EU deal — and passed with commendation on all conditions — and, given the fact that we are somewhat constrained by virtue of economic circumstances, the Government made a deliberate decision to implement targeted and focused actions which will encourage employers to take on new employees and stimulate our indigenous economy. This will help people to get back a sense of confidence, which, as the Deputy quite rightly agrees, is important in allowing us to move forward.
On Committee Stage next week Deputies will have an opportunity to tease out the details. By and large it refers to our political conclusion that this is all possible in the jobs initiative as outlined by the Minister for Finance and is in the interest of job creation and stimulation of the indigenous economy.
Deputy Gerry Adams: I am trying to understand how all of this works. I can understand the Taoiseach coming forward with very genuine propositions to do this, that and the other but the IMF and EU will not let him do so because essentially they are running the show. The Taoiseach would be better to tell people this.
If I recall properly, today is the day the Titanic was launched in Belfast.
An Ceann Comhairle: This is Question Time. Does the Deputy have questions?
Deputy Gerry Adams: Yes, I do. In the case of the Titanic the captain did not see the iceberg until it was too late. The Taoiseach can see the iceberg — it is the debt. If the Taoiseach cannot spell out to us what jobs are being brought forward and explain how he has changed his tack and u-turned on many of these issues we are heading for a disaster. The Taoiseach should come forward and tell us in clear terms that while he would like to do all of these things he cannot. I ask the Taoiseach to make a statement on this.
The Taoiseach: Deputy Adams must have been doing too many clinics in his constituency as he seems to have missed the fact that we have changed the original deal here because the Ministers for Finance and Public Reform and Expenditure renegotiated elements of the deal with the IMF and the EU. They got their consent to reverse the decision made to cut the minimum wage; to reduce employers PRSI by 50%; and to have targeted stimulus directed at the tourism area by reducing VAT from 13.5% to 9%.
Deputy Gerry Adams: And to give millions to the banks.
Deputy Bernard J. Durkan: Which question is Deputy Adams asking?
[625]The Taoiseach: We are speaking about the job creation measures arising from Question No. 7 tabled by Deputy Martin and Deputy Adams seems to have missed that or he has just let it slip by.
Deputy Gerry Adams: No, I have not. I just have not seen the jobs.
The Taoiseach: We have also pointed out the internship programme that is here, the stimulus that will come from the regeneration of disintegrating road structures throughout the country and the schools programme which will give targeted employment potential for smaller employers in the construction sector and tradespeople who have been out of work for some time.
I am quite open about this. This is not as expensive as we would wish it to be because we do not have the endless largesse and funds that seemed to be available to Governments in the past for which we now have to pay. Within these confines, these are targeted and focused and they will yield results. From this point of view, the bigger argument about the banks and sustainability and interest rates issues are, as the Deputy is aware, under consideration by the Ministers for Finance of the European Union.
Deputy Richard Boyd Barrett: On the issue of accountability following on from Deputy Martin’s earlier question. I am increasingly frustrated at the determination of the Taoiseach’s Department to transfer or disallow questions on matters that relate to economic affairs in particular, which I understand the Department is supposed to deal with and the Taoiseach has just answered such a question. However, these questions are disallowed. For example——
An Ceann Comhairle: Will the Deputy ask a question please?
Deputy Richard Boyd Barrett: Will the Taoiseach explain why a question I submitted——
An Ceann Comhairle: You are not going to ask why a question was disallowed. This is not the place to ask it. Come up to my office and you will get an answer. Now, will you ask a question?
Deputy Richard Boyd Barrett: Why then consistently have numerous questions that have been submitted to the Taoiseach——
An Ceann Comhairle: No, Deputy that is not——
Deputy Richard Boyd Barrett: ——about economic affairs——
An Ceann Comhairle: This is parliamentary questions to the Taoiseach.
Deputy Richard Boyd Barrett: ——either been disallowed or transferred?
An Ceann Comhairle: That is not a matter for the Taoiseach.
Deputy Jerry Buttimer: He needs a FÁS course.
Deputy Richard Boyd Barrett: Deputy Martin asked the same question and you did not interrupt him.
An Ceann Comhairle: You were on to my office earlier and you were told what to do. Now please do what you were told to do and I will be only too pleased to deal with you.
Deputy Richard Boyd Barrett: I was not told anything by your department.
[626]An Ceann Comhairle: This is questions to the Taoiseach; it is not about disallowing questions.
Deputy Pat Deering: Suigh síos.
Deputy Richard Boyd Barrett: That is precisely what you are——
An Ceann Comhairle: Please resume your seat. I have been kind enough to let you in. You will not be let in a second time.
Deputy Micheál Martin: The Taoiseach did not answer the question I asked in regard to the jobs initiative. I refer to the analysis in regard to the impact of the pension levy on an already fragile pensions industry and sector. There is much concern about pensions provision in the public and private sectors.
An Ceann Comhairle: That has more to do with a separate question.
Deputy Micheál Martin: I asked the Taoiseach a basic question. Did he receive advice and briefing materials on the impact of the pension levy? If he did, will he please make them available to Members of the House and publish them?
Deputy Michael McNamara: Did the Deputy get advice on the bank guarantee?
The Taoiseach: Deputy Martin can feel free to ask any question he likes on Committee Stage of the Finance (No. 2) Bill 2011 next week. I have already made the point that, and as was pointed out by the Minister for Finance, elements of the pensions industry clearly indicated that their preference would be for a 0.5% levy as distinct from any further reduction in tax relief in the pensions area. This is targeted — it is limited to four years at 0.6% — at the creation of jobs, which is very important.
Deputy Micheál Martin: Did the Department of Finance give the Taoiseach any briefing material?
An Ceann Comhairle: That is a separate question.
The Taoiseach: The Deputy will get all the answers to all those questions on the——
Deputy Micheál Martin: I am asking the Taoiseach. He should be upfront for once.
The Taoiseach: The reason Ministers are appointed to this Cabinet is to accept responsibility for their Departments, not like somebody opposite who said he had no responsibility——
Deputy Micheál Martin: Did the Taoiseach get briefing material?
The Taoiseach: ——for up to €1 billion in respect of elderly people.
Deputy Micheál Martin: The Taoiseach should answer the question he was asked.
The Taoiseach: In regard to the answer to the Deputy’s question and any other question he might have, he can spend as much time as he likes on Committee Stage of the Finance (No. 2) Bill 2011 next week and the Minister for Finance will reply.
[627]Deputy Micheál Martin: It is not for me to attend Committee Stage; it is for the spokesperson.
The Taoiseach: I have made the point about how the pensions levy arose.
Deputy Micheál Martin: Did the Taoiseach get briefing material from the Department of Finance?
Deputy Micheál Martin: I am not worried about the past.
Deputy Jerry Buttimer: The Deputy should be.
An Ceann Comhairle: Would Deputies please be in order?
The Taoiseach: This is not an illusion or a mirage, which the Deputy talked about earlier. This arises from political decisions made by the Cabinet and based on its conclusions on a range of information provided. That range of information can be the subject of any number of questions the Deputy wishes to ask next week on Committee Stage of the Bill which is where they are supposed to be asked.
Deputy Micheál Martin: Why will the Taoiseach not answer? Did he get advice?
An Ceann Comhairle: The question is to ask the Taoiseach if he will give details of his contribution to the jobs initiative.
Deputy Micheál Martin: It appears to be nil.
An Ceann Comhairle: Deputy Martin is now straying into a totally different area. He should table an appropriate question and we will get an answer. I am moving on to Parliamentary Question No. 8 in the name of Deputy Adams. We cannot go all over the shop.
8. Deputy Gerry Adams asked the Taoiseach the level of contacts he has had with political leaders in the North. [11384/11]
9. Deputy Gerry Adams asked the Taoiseach if he has scheduled an early meeting with the newly elected First Minister and deputy First Minister in the Six Counties; and if he will make a statement on the matter. [11453/11]
10. Deputy Micheál Martin asked the Taoiseach when he intends to personally meet with the newly appointed Ministers in the North. [12835/11]
11. Deputy Micheál Martin asked the Taoiseach if he has implemented any changes to the Northern Ireland section of his Department; and his views on its role. [12096/11]
12. Deputy Micheál Martin asked the Taoiseach if he has had any contact with the newly elected First Minister and deputy First Minister of Northern Ireland; the level of contact he has had to date; and when he will next meet them. [13621/11]
13. Deputy Micheál Martin asked the Taoiseach his priorities for discussion at the next North-South Ministerial Council on the 10 June 2011. [13622/11]
[628]The Taoiseach: I propose to take Questions Nos. 8 to 13, inclusive, together.
I met the First Minister, Peter Robinson, MLA, and his deputy First Minister, Martin McGuinness, MLA, in my first full week in office when I visited Washington for the St. Patrick’s Day celebrations. I also met them at the funeral of Police Constable Ronan Kerr in April. I met them again at the event in College Green to welcome US President Barack Obama last week. I have also met other political leaders from Northern Ireland and I anticipate further such meetings as required.
I also spoke on the telephone with the First and deputy First Ministers to congratulate them on their electoral success in the recent elections in the North. During that conversation I told them that I looked forward to meeting them, along with the newly appointed Executive, at the next plenary meeting of the North-South Ministerial Council which will take place on 10 June here in the South. At that meeting I expect that we will discuss the economic situation and review progress across the full range of areas of North-South co-operation.
I have not made any changes to the Northern Ireland division in my Department which continues to play an important role in co-ordinating matters relating to North-South co-operation across a range of Departments.
Deputy Gerry Adams: Cuirim fáilte roimh an chruinniú atá socraithe idir an Taoiseach agus Airí an Tuaiscirt. Sílim gur cruinniú maith a bheidh ann. It is very important when dealing with social and economic issues that we do not confine ourselves to this State — an island as small as this, with a land mass as tiny as this and with a population of fewer than 6 million people. There are many steps that could be taken to ease economic distress. The very good decision by the Executive’s Minister of Health to press ahead with the cancer unit at Altnagelvin hospital is a case in point.
Will the Taoiseach ensure that Ministers proactively examine ways of strengthening the connections between the Government and the Executive and of strengthening the Good Friday Agreement, which is a hugely important and significant agreement? The Taoiseach said he has not changed the set-up for dealing with the North. I made a suggestion to him about appointing a Minister of State without pay to deal with the North. Will he reconsider that?
Deputy Micheál Martin: Does the Taoiseach agree there has been a surprising lack of engagement by Ministers with their counterparts in the North in the three months since the appointment of the Government? One cannot present informal and brief meetings as substantive engagements. It is accepted that to ensure we cement the advances of recent years it is important there be regular, formal substantive meetings, as well as informal meetings, between Ministers.
There has been a failure to consult in regard to the decision to close down the Smithwick tribunal. I understand the Minister for Justice and Equality is bringing forward measures in this regard. The Unionist parties have already expressed their disquiet at the failure to consult them on the closing down of the tribunal. Will the Taoiseach suspend any measures until the North-South Ministerial Council has had an opportunity to discuss them at its upcoming meeting? It is a very sensitive issue in terms of perceptions and it is important that it is handled sensitively and appropriately given the seriousness of the issues that are covered by the tribunal. It is important that regular contact occurs to avoid any misconceptions arising.
The Taoiseach: In respect of Deputy Adams’s questions, the best way of being proactive in regard to Northern Ireland issues and in so far as North-South issues are concerned is through the North-South Ministerial Council and by regular contact between Ministers. I agree this should happen on a regular basis. The reason we have not had a great number of contacts is [629]that we had the run-in to the Assembly elections. We did not want to give a wrong perception of our Ministers meeting with representatives of one party more often than those of another. I have already made that clear both to the First Minister and the Deputy First Minister.
The meeting of the North-South Ministerial Council will take place on 10 June. We expect a full agenda for that and Ministers will clear their diaries for it. We will follow that with a regular series of meetings. As the Deputy is well aware because he was involved in it himself, the fact that relationships have normalised to a great extent means there is not the same requirement for regular high-level emergency meetings as was the case in the past and as supported by my party in opposition.
In regard to the Smithwick inquiry, this is a sensitive matter which is being handled from this jurisdiction. I accept it is a matter of sensitivity and concern. I wish to make it clear to the House that there is no intention of any interference in any way in the inquiry in respect of the work it has to do. I remind the House that the original motion which set up the inquiry included a specific recommendation that within ten days of the commencement of public hearings that an interim report would be provided. What the Minister for Justice and Equality has requested is to give effect to the terms of the motions setting up the inquiry. If for some reason the inquiry is unable to conclude its business in the time requested by Government, we will consider that. As a general principle, we would like to see tribunals conclude their business. The motion setting up the Smithwick inquiry referred to producing an interim report within ten days of public hearings commencing. Public hearings commence next month.
38. Deputy Billy Kelleher asked the Minister for Health and Children if he will provide further clarity regarding funding for the nursing home support scheme; the reasons behind the review of the scheme; when he was informed that funding had run out for the scheme; when he called for the review to take place; the reason the public was not informed of this review sooner; when he expects the review to be completed; the number of persons waiting for funding to be approved; and if he will explain the effect that this will have on these persons and on hospital waiting lists. [13617/11]
39. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the action he will take to ensure the immediate resumption of approval of applications under the fair deal scheme; and if he will make a statement on the matter. [13516/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): I propose to take Questions Nos. 38 and 39 together.
The Minister for Health and Children has recently been made aware of a serious shortfall in the fair deal budget for this year. The budget is coming under pressure from, among other things, increases in overall costs and increases in net demand for long-term care. Furthermore, the HSE has advised that the long-term residential care subhead is also funding services other than those covered by the nursing homes support scheme. These other services, which include therapies and medication, are being provided to people in nursing homes.
The decision to suspend approvals under the nursing homes support scheme was made by the HSE on Friday, 13 May 2011 and a letter was issued to each regional director of operations for further distribution to all hospitals in their areas. A copy of this letter was sent to the Department of Health and Children on Tuesday, 17 May. The Minister for Health and Children was advised that day and a meeting with the HSE took place that evening.
[630]A full examination of funding is under way, conducted jointly by the Department of Health and Children and the HSE. This examination is to be completed by Friday, 3 June 2011.
The Minister sought further information about the level of funding provided for and the cost drivers impacting on the long-term residential care subhead. The main priority at this stage is to establish what steps might be taken to allow more people to benefit from the scheme. In the meantime, applications for financial support under the scheme will continue to be accepted and processed. However, decisions to grant approval will be subject to the availability of funding.
Deputy Billy Kelleher: I thank the Minister of State for the reply but it leaves me more confused than I was before. I do not mean that disrespectfully. Last week in The Irish Times, the Minister for Health and Children said “I believe it is only proper that money be brought back from the ancillary services and put back in to the Fair Deal scheme which will allow for the continued processing and approval of people”. When this issue was raised in the Dáil several days ago, the Taoiseach said quite clearly that there would be processing and approval of applications. At the same time we find there is no approval. Does the Minister of State agree that this was badly handled in the context of notification to the public? It happened in a drip-drip manner and there was concern, fear and anxiety generated among people dependent on nursing home care or who had applied for nursing home care. We had fanfare at the announcement of the sacking of the board of the HSE, where cameras and media were tripping over each other. This took place in a drip-drip feed to the public and there was no clarity brought to the issue. There is still no clarity because one Minister is saying approvals are being allowed and today’s statement says we must wait until 3 June for a review to be completed.
Deputy Kathleen Lynch: Everyone is very concerned about this but the days of spinning a message are long gone. We must be honest and open with people and there is a substantial shortfall in the necessary funding to provide long-term care for elderly and not-so-elderly people. There is no disagreement between myself and the Minister and we are looking at how to best provide for the long-term care of the people for whom we are responsible into the future.
Applications are being accepted and processed. When funding becomes available, approvals will be forthcoming; as of now there is a shortfall in the budget. Items were paid for out of the subhead which should not have been paid for in that way. We are not saying anybody made off with the money, as it was spent in nursing homes on people who needed the services. They should have been paid for out of a different subhead. That position is clear to most people and we must be clear with people from here on. There must be honesty and openness rather than a notion that there can be a spin on bad news.
Deputy Caoimhghín Ó Caoláin: This is the first time we have had the opportunity to put questions directly to the Minister since news of this issue broke on 18 May and yet it appears, very strangely, that we will not hear answers from him. I have the height of respect for the junior Minister in the Department answering, as she has, although the answers are most disturbing. It would be doubly disturbing for the Minister to sit silent through all of this.
Does the Minister or Minister of State acknowledge that over the period since 18 May — the issue dates from 16 May — many older people and their families have been and still are very concerned about the future of the fair deal scheme? We cannot lay enough emphasis on that. I presume we are all cognisant of all that was exposed in the “Prime Time Investigates” programme last evening, which is a backdrop to this afternoon’s exchange. How many older people in acute hospital beds are currently awaiting approval? That number was speculated [631]yesterday to be 477; that is almost 500 older people in hospitals awaiting approval and access to nursing home beds across this State. They are currently and inappropriately in acute hospital beds in hospital sites the length and breadth of the State. How many others are at home under the loving care of families and home care packages? What is the total number of people awaiting approval? When will approvals recommence?
Deputy Kathleen Lynch: I agree with the Deputy as people are very concerned. It should be made crystal clear that those people in receipt of long-term care face no threat to the service. That is not what we are talking about. I cannot tell the Deputy how many people are at home who may have aspirations involving long-term care or how many people are in beds in hospitals with aspirations of long-term care. I can only deal with the facts as presented.
As of end of March 2011, the level of applications processed is at 78%. The figure sought by the Deputy of figures in process is 4,604. The number of people in receipt of long-term care is approximately 22,000. We are not talking about small numbers or in a vacuum as we have facts. We know that of the 22,000 in receipt of long-term care, there is absolutely no threat to the service. When we get the money to grant approval to those who deserve it, we will issue grants of approval.
Deputy Billy Kelleher: In the programme for Government it is stated quite clearly that there will be an increase in funding every year in the provision of nursing home care. We now find money is being taken from ancillary services to fund the fair deal nursing home scheme. Does the Minister of State agree that at this stage it is clear there are insufficient funds for the continuation of new approvals? Is it now time to admit that the programme for Government is dysfunctional and what is required is a Supplementary Estimate?
This is about choices. A couple of weeks ago the Government potentially raised €2 billion with a pension levy but none of that money went to the health system. It is about choice.
Deputy Róisín Shortall: It is about choices made by Fianna Fáil.
Deputy Billy Kelleher: People have suggested this could go away but it will not; we must confront the problem. Nobody is talking about spinning the matter. We are talking about clarity and truthfulness as there are not sufficient funds for the programme. Funds must be found.
Deputy Caoimhghín Ó Caoláin: I am not privy to how the figure was compiled but I assume some assistance was given through the HSE but I again point out that almost 500 older people are in acute hospital beds awaiting approval for access to nursing home beds at this time. In other words, there is a serious hold-up in the freeing up of very important acute hospital beds because of this debacle. What steps are being taken by the Department in order to ensure that those people gain access to nursing home beds under the fair deal scheme and that those beds are freed up to cater to the many others who need them?
Will the Minister of State clarify the figure of 4,604 referred to as in processing? Was that of 31 March? Will the Minister of State clarify the detail of the response and would the Minister of State agree that the figure is staggering? If the €100 million is to be redeployed from another source, it will not be adequate to cater for the remainder of 2011. What further funding is being sought now for the fair deal scheme?
Deputy Kathleen Lynch: There is a clear shortfall in the funding. Maybe the 500 people in acute beds make up part of the 4,604 but that is not clear. All we know is that a certain number are waiting for final approval. Some will not gain final approval because of other circumstances such as not being in need of long-term care and various other issues.
[632]We do not have the money to provide final approval for the applications; it is as simple as that. There is turnover in long-term care and that will always be an issue. People will come out of the system, which is an issue that can be considered. The final examination of where the money went and how we will manage this scheme for the rest of the year will come to us on 3 June.
The figures I provided were for the end of March. We can stand here all day playing games but the issue is way too serious for that. People are very worried about the long-term care of elderly parents, spouses or siblings and the problem is too serious for political games. We are working very hard to ensure the matter is resolved.
Deputy Billy Kelleher: We need leadership.
Deputy Kathleen Lynch: This is clearly a legacy issue.
40. Deputy Mick Wallace asked the Minister for Health and Children if maintaining the 24 hour accident and emergency service at Wexford General Hospital remains in the long-term plans of the health service; and if he will make a statement on the matter. [13514/11]
Deputy James Reilly: The Government’s priority in regard to acute hospital services is to ensure a safe and high quality of care for patients which is provided at the most appropriate location. I am committed to ensuring that all care is provided at the lowest level of complexity, is safe, timely and efficient and is available as close to home as possible, consistent with safe practice.
Wexford General Hospital has an important and permanent role to play in the south-east region. It will continue to operate as a vibrant, fully functioning acute hospital. Acute medicine will continue at the hospital with an emphasis on increasing day surgery in line with international trends. The hospital will continue to operate a 24-hour emergency department but, in common with all other hospitals, the scope and composition of the department will be developed having regard to advice of the national clinical programmes, the service standards required by HIQA and the related requirements of acute hospital licensing, legislation for which is in preparation.
As for all acute services, we should look at the future of Wexford General Hospital in the wider context of hospital networks functioning as part of a co-ordinated system. One of the prerequisites for the introduction of universal health insurance is strong and efficient hospital networks which provide the appropriate treatment at the appropriate level of complexity to the patients in their area. These networks will provide the basis from which the independent hospital trusts can be established.
I also believe there must be strong clinical leadership at the head of the development of hospital networks. The clinical programmes developed by the HSE to improve and standardise patient care throughout the system are being led by clinical directors. They will support and direct the development of hospital networks and the safe and effective provision of services. We can ensure a well functioning acute hospital service in the south-east region by using the Government’s approach to networks and clinical programmes and the future of Wexford General Hospital is assured within this system.
Deputy Mick Wallace: I am glad to hear that the Minister intends to maintain a 24-hour accident and emergency service, as well as maintain the general upkeep of the hospital. He [633]stated before the election that we cannot afford to downgrade Wexford General Hospital because we do not have capacity elsewhere to take up the load.
He will be aware that the psychiatric hospital in Enniscorthy, St. Senan’s, has been closed. Some 25% of the people in the north of County Wexford are using the unit in Newcastle, which I believe is very good, but the remaining 75% have been diverted to Waterford.
An Leas-Cheann Comhairle: A question, please.
Deputy Mick Wallace: The 2010 report of the Inspector of Mental Health Services was critical of the facilities in Waterford but nothing substantial has been done to improve the facility since the report was published. Adding to the existing problems in Waterford, patients from Wexford now use the same facility. The acute mental health service in Waterford Regional Hospital is located in a basement overlooked by a car park and there are no occupational or recreational facilities for patients. In recent weeks, 16 of its 40 beds have been occupied by Wexford patients. Will an acute mental health admission service be established in Wexford General Hospital given that Waterford is clearly not fit for purposes and that requiring patients from Wexford to use the same service is hardly a great idea? Wexford is crying out for an acute mental unit.
Deputy James Reilly: Wexford General Hospital is a separate issue to psychiatric services, which are being re-organised in the south east and Wexford in particular. As I noted in my original reply, it is important to site services as close to patients as possible and to this end the development of a community psychiatric service is well advanced. A crisis house will be open 24 hours per day, seven days per week and a psychiatric service will be made available in the community with the back-up of consultant psychiatrists. The local psychiatric teams have been engaged in the design and implementation of this service, which is only proper, and patients will receive a much better service than the one described by the Deputy. That is the way forward.
I defer to the Minister of State, Deputy Kathleen Lynch, who has responsibility for this area but both consumers and providers of the service have indicated their preference for proceeding in the direction of more services and treatments in the community and less stigmatisation.
An Leas-Cheann Comhairle: Deputy Wallace may ask a brief supplementary question.
Deputy Mick Wallace: I agree that it will be great if services in the community are brought up to scratch but at present the people are going nuts in Wexford because they are demoralised about what is available in Waterford. Community facilities offer a way forward provided adequate facilities are put in place.
Deputy James Reilly: I share the Deputy’s concern. The matter is being expedited and significant advances have been made to the point that services will be in place very shortly. This should be seen as progress rather than regress.
41. Deputy Billy Kelleher asked the Minister for Health and Children if he will give details of the work of the interim board of the Health Service Executive; if he will give further details of his interactions with the interim board and any adjustments he has made in his Department on foot of the new approach to the board. [13618/11]
Deputy James Reilly: The new HSE board held its first meeting this morning. The new, largely executive, board will meet more frequently than its predecessor and I will be briefed about board business on a regular basis by the chairman, Dr. Frank Dolphin, the CEO, Mr. [634]Cathal Magee, and the Secretary General of my Department, Mr. Michael Scanlan. The board will focus on operational excellence and its membership includes a strong element of service delivery. I have asked the board as one of its priority tasks to examine how it will streamline reporting relationships to ensure decisions are implemented quickly and better services can be delivered for patients as a result. Under the old system, decisions made within the HSE were reported up through the system and across to the relevant section of the Department and the Secretary General. That circuitous route has been removed and they all sit at the top table together so decisions can be made and implemented without the need for a tortuous chain of command.
I appointed the board following discussions with the chairman and CEO of the HSE and my Secretary General. I have also asked the CEO and the Secretary General to review the existing senior management roles and responsibilities in both organisations, address any duplication of functions and explore the scope for more conjoined working. This will free up expert individuals who are at present engaged in the duplication of work to undertake important tasks such as examining risk equalisation.
I want to develop strong and coherent governance arrangements for the entire health care system which will continue to operate after the abolition of the existing legal governance structure. This will facilitate the Government’s plans to reform the system. In the short term, we plan to establish a special delivery unit to address waiting lists. Over the longer term, our goal is to eliminate the two-tier health service and move to a system of universal health insurance, whereby everyone in this country is treated on the basis of need rather than ability to pay.
Deputy Billy Kelleher: Does the Minister agree there is a lack of corporate oversight and governance on the board of the HSE given that officials are now overseeing their own work at board level? That could be a cause of concern, particularly in the HSE.
In regard to proposals to subsume the agency back into the Department, will this result in a large reduction in the number of staff currently employed in the latter?
Now that the election is over, we can park what the Minister has previously said regarding the HSE but in more recent discussions on the numbers of people on hospital trolleys and the delivery of primary care units he clearly stated he did not believe the figures set out by the HSE and did not trust its counts of patients on trolleys or primary care units. They are issues about which many people have concerns.
Deputy James Reilly: The Deputy’s first contention is that there will be no oversight. The Department has strong representation on the board, which ensures oversight. There are also external auditors, etc. There is not the major concern alluded to by the Deputy from the Government’s point of view. It is an interim board, which will not be in place for a number of years but until the new system comes into place.
I said we wanted more integration between the HSE and the Department but I never said we would absorb the HSE into the Department. Ultimately, we are heading for universal health insurance with primary care and hospital care coming under a new body that will be responsible for cure while longer term care will be looked after by a health care agency.
With regard to my statements on the issue of the numbers of patients waiting on trolleys, I was happy to say following discussions with the HSE and the INMO that we would accept their figures but that they must be validated by a HSE official at the time the count takes place in the morning. The Deputy is right that primary care teams do not exist. I have had discussions with the HSE on this and I now have clarity on the issue. HSE officials allude to primary care teams which exist in name but which are not fully functioning. They are seeking to put together [635]the criteria for what constitutes a functioning primary care team, which delivers something to patients, as opposed to a primary care team, under which GPs may have had discussions with other health personnel. I did not say that I did not trust the INMO, I said I did not accept or believe its numbers and I stand over that.
Deputy Billy Kelleher: Was money misappropriated in the context of provision of the primary care units? The HSE said it had X number of units up and running. Were funds spent establishing units that do not exist?
Deputy James Reilly: I note the Deputy’s fondness for the use of the word “misappropriation”. Last week, he used it during the debate on the fair deal issue, which my colleague addressed. Nobody said moneys were misappropriated. I said clearly in that instance that money that should have been under different subheads were taken from subhead 12, which covers the fair deal scheme.
Deputy Billy Kelleher: That is a misappropriation of funds.
Deputy James Reilly: No, “inappropriate” as opposed to “misappropriation”. There is a big difference between both and there is a big difference in law if we were to debate this outside the House.
The Deputy asked about primary care centres and teams. I am not aware of any such issue but I will check it out and revert to him.
42. Deputy Maureen O’Sullivan asked the Minister for Health and Children his views on the fact that the drugs issue, affecting many individual and families in every town and village across the country, will get the necessary support and attention; his plans for greater collaboration and integration for addiction and mental health programmes; and his plans for the drugs advisory group and the oversight forum on drugs in implementing the national drugs strategy. [13616/11]
Deputy Róisín Shortall: The Government decided to transfer the functions of the Department of Community, Equality and Gaeltacht Affairs relating to the NDS to the Department of Health and Children with effect from 1 May 2011. I have been asked by the Minister to take the lead role in this area.
The Government is committed to addressing problem drug use in a comprehensive way and this is made clear in the programme for Government. Our overall strategic objective is to tackle the harm caused to individuals and society by the misuse of drugs through a concerted focus on the five pillars of supply reduction, prevention, treatment, rehabilitation and research. The actions set out in the National Drugs Strategy 2009-2016 facilitate a planned and monitored approach to achieving the overall strategic aims.
The NDS is a cross cutting area of public policy and service delivery and it is based on a co-ordinated approach across many Departments and agencies in conjunction with the community and voluntary sectors. The institutional arrangements to support cross agency working, advise on operational and policy matters, assess progress across the strategy and address any operational difficulties include the drugs advisory group and the oversight forum on drugs. I intend that the work of these bodies will continue, as has been the case up to now. The national advisory committee on drugs also plays a key role and there are no plans to alter its functions.
In excess of €33 million has been allocated to the drugs initiative this year and the majority of expenditure is allocated to local and regional drugs task forces. They have allocated funding [636]to projects and initiatives based on priorities identified in their respective areas. This allocation is only part of a much larger expenditure programme on drugs services by the other bodies involved in tackling drug misuse, not least of which is my Department.
I am familiar with the ongoing issues relating to the drugs problem in communities and the initiatives that have been taken to address them. The difficulties facing our society as a consequence of problem drug use are significant and addressing all the factors involved will not be an easy task but I am determined that progress will be made during the Government’s term of office on this important issue.
Deputy Maureen O’Sullivan: My concern arises because it was felt that the drugs issue would not be taken as seriously as Cabinet level as previously and the issue will not be covered specifically by any Cabinet sub-committees. I acknowledge responsibility has transferred to the Department of Health and Children but drugs is very much a community-based problem for many people. We have good, effective community-based drug projects in Dublin Central in the north inner city, including SAOL, Soilse, Crinan, the Cavan Centre, Chrysalis and Oasis. Will the Minister of State ensure their funding will not be cut? They provide an outstanding service with a limited budget. Where stands the inclusion of the alcohol strategy in the NDS?
Deputy Róisín Shortall: I agree with the Deputy that valuable work is being done by community-based drug projects and I am familiar with those in my constituency and other Dublin constituencies. There is no question of them discontinuing. Funding has been set aside for this year and that will continue to be available. The key work under the national drugs strategy is done by the local drugs task forces and it will continue apace. The oversight of that work will also continue.
With regard to implementation of the strategy, there is an oversight committee, which I will chair, and that will continue to meet on a quarterly basis and identify any logjams, difficulties or delays in implementing the strategy. We are, therefore, serious about ensuring it is implemented in full. In addition, the Minister will be responsible for this issue at Cabinet level and it will continue to have a voice at the Cabinet table. The Cabinet sub-committee on social exclusion will deal with this issue as well and many of the officials involved in the oversight will feed into the sub-committee. It will receive attention there and the sub-committee will meet later this week. I will attend that meeting and I will be a voice in respect of the NDS.
Deputy Maureen O’Sullivan: More deaths results from drugs and alcohol-related issues, including suicide, than from road traffic accidents. Significant resources are devoted to road safety and I do not begrudge that but we need the same emphasis on drug-related deaths. When something new emerges, for example, crystal meth, it should be tackled quickly. Is that being considered?
Deputy Róisín Shortall: With regard to the Deputy’s earlier question, the alcohol strategy will be included in the national drugs strategy. It was scheduled to happen this year. I have a particular interest in this area and I want to ensure it is addressed in the NDS. Alcohol abuse is a serious social problem and alcohol is also a gateway to the abuse of other substances. For that reason, it will be included in the NDS and I want early progress on that, particularly in respect of the enforcement of the law on underage drinking. I hope to report back on that over the coming months.
The purpose of the oversight committee is to address issues such as crystal meth and other developments relating to illegal drugs. All the relevant bodies are represented at a senior level and one of the committee’s functions is to update all the members on current trends in respect [637]of drug misuse. I give an assurance that all of the relevant agencies are represented at a senior level. I will convene the first meeting of the oversight committee in the coming weeks.
43. Deputy Brian Stanley asked the Minister for Health and Children if he has a programme for the reopening of closed public hospital beds and wards; and if he will make a statement on the matter. [13464/11]
Deputy James Reilly: In common with other public services, the health services are facing significant financial challenges. The key priority for me in dealing with the serious budget pressures on the health services is to minimise the effect on services for patients to the greatest degree possible.
The Government has a radical programme for reform of the health service. It is no accident that this reform programme is headed ‘Fairness’ in the programme for Government. I want to shift the debate away from beds to the actual number of patients treated. I want to focus on access to services based on need and on those services being provided in the best place, be that a big or small hospital, the community, a GP’s surgery or in the patient’s own home. I want to see a health system providing a service quickly, efficiently and safely.
Activity in acute hospitals has been increasing year on year. A modest increase is planned for 2011 despite the budget cuts. The most important thing is to drive out costs by relentlessly challenging practices which affect efficiency. We must increase the proportion of day case work, reduce the average length of stay and perform surgery on the patient’s day of admission to the greatest extent possible. One hospital which I will not name has a day of admission surgery rate of 39% when the international standard is 75%. That has huge cost implications. In fact, physicians and surgeons in the hospital concerned have negotiated a change. I believe in fairness in that regard too; that if people do not understand and realise where they are going wrong we can hardly expect them to fix it. One of the problems that has affected the health service in recent years is that we find areas where excellent services are performed in a more clever, better way but that does not seem to get transposed across the system. That is something we intend to address. There is clear evidence of major variations in performance under various headings across the system. That means we are not getting the best value for patients and the taxpayer from the beds we have.
Additional information not given on the floor of the House.
I am determined to see these inefficiencies addressed. The special delivery unit, SDU, which I will set up will be a robust driver of improved performance which holds providers to account. It will also be a source of expert support for providers which helps them achieve better results quickly.
The purpose of the SDU is to unblock access to acute services and to do that by dramatically improving patient flows. That will free up capacity in the public health system to get more patients treated more quickly and-or to enable resources to be reallocated out of acute hospitals and into primary and community services.
Deputy Caoimhghín Ó Caoláin: The Minister referred to shifting the focus away from beds and for improvements to be transposed across the system. I wonder how that applies to him? [638] As spokesperson for Fine Gael on health issues in recent years, the Minister correctly laid the emphasis on the importance of restoring bed numbers. His answer now suggests that he has taken a completely different position, one that echoes his predecessor. Let there be no mistake about it; this is a very important matter. I welcome the fact that the Minister now accepts the Trolley Watch figures of the INMO. I commend him for it. Does he accept therefore the figures it has presented on the inappropriate placement of people over the first quarter of 2011, some 25,000 patients, in trolleys and chairs over the first three months of this year — yet another sad record in comparison with the previous five years? Does he also accept that the INMO has indicated that some 1,600 acute public hospital beds have been taken out of the system in recent years? The situation with which we are currently contending is that 1,600 beds have been removed. I have to ask——
An Leas-Cheann Comhairle: I call on the Minister to reply. I am sorry, Deputy.
Deputy Caoimhghín Ó Caoláin: I will conclude with this question, a Leas-Cheann Comhairle. The Minister indicated that he would establish a special delivery unit in his Department to help reduce hospital waiting lists. Has that been established and will the Minister clarify exactly his intention on bed numbers because the volte-face he has demonstrated today is incredible?
Deputy James Reilly: I am not sure which of the myriad questions Deputy Ó Caoláin has asked, to answer. There is no about-turn or volte-face, as the Deputy suggested. There is a concern and realisation that what is important is service to patients and that patients get that service. There is also a realisation, with the excellent work being done by the clinical programme managers, that there are many ways to improve the service and increase the through-put through hospitals by having patients discharged sooner. That can be achieved without opening more beds. What I always said is that there should be no more money for the HSE until I found the black hole and that we do not need more beds until we get proper use out of the beds we have. Then we will see whether we need more beds. That remains the situation. It is the service to patients that is important, not the number of beds in a hospital, although, if properly and efficiently used that obviously has a determining effect.
Deputy Ó Caoláin asked about the special delivery unit. It is part of the 100 days programme to have it established. We still have several days to go and we will have something to say about that in the coming week. A serious effort will be made to look at the underlying problems in the health service that give rise to the situation in which we find ourselves. Even with our shrinking budget it should be possible to deliver the service and care that people so richly deserve and have paid for, but with due respect, with €1.5 billion gone from the budget in the past year and a half that will prove extremely difficult but not impossible.
We are utterly determined to make it happen but we are realists and pragmatists. We cannot do it overnight or within a week but in the next few months we will ensure that we never see the likes of what we saw last winter in our hospitals. That will not be made easier by the fact that the budgetary allowance for the fair deal nursing home support scheme has proven to be a totally inadequate and poorly constructed plan by the outgoing Government that has resulted in people being worried and concerned. I assure them that approvals will continue as funding becomes available. Funding will become available, perhaps not at the same rate as it was previously but it will continue.
In some of the examination to date I have discovered that people have been transferred straight from hospital to long-term care in many of the HSE-provided facilities and also in the beds that are contracted by the HSE without being afforded the opportunity to first avail of a home care package and then to be assessed. I put it to the House to consider whether it is wise [639]to assess patients when they are acutely ill in hospital on their long-term ability to survive at home. Perhaps it would be more wise to have a system of convalescence, a place where people could go to continue their recovery and then be assessed as to their suitability for long-term care or whether they would be able to stay at home with support.
Deputy Caoimhghín Ó Caoláin: I have a brief question.
An Leas-Cheann Comhairle: The Deputy should be very brief as we are running out of time.
Deputy Caoimhghín Ó Caoláin: Undoubtedly, several patients would wish to remain at home but the Minister cannot make a blanket statement suggesting that one would not make that assessment when in acute hospital settings.
I do not have to go back over the record to cite what the Minister said week on week, month on month and year on year since taking up the role of spokesperson on health. Is he now of a mind not to reopen any of the 1,600 closed public hospital beds? Is his answer now that he has abandoned that position that he championed repeatedly in the House? If the Minister is intent on revisiting some of the 1,600 bed closures, does he not agree that a programme of reopening to whatever degree is what would be required and that should now be planned for? Will the Minister be clear and specific to the House on his intention and that he has not abandoned the proposition which he knows is an integral part of addressing the crisis within the health system?
Deputy James Reilly: Part of any plan for a winter crisis is the ability to open beds that have been closed, if that is necessary. Rather than focusing on beds we should focus on service, the treatment of patients and the service they require. I have not entirely abandoned the possibility of re-opening beds.
Based on existing data, at the weekend of 3 April, some 961 beds — 927 inpatient beds and 34 day beds — were closed. The highest figure to date for 2011 was 1,098 beds closed on 9 January and the lowest number was 868 on 23 January. The situation is in flux. I am concerned, as is the Deputy, that people who need long-term care can avail of it. However, I am equally concerned that people who should not be going into long-term care and who would prefer to stay at home get the appropriate supports and are not condemned to unnecessary institutional care.
44. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the action he proposes to take regarding the funding of the fair deal scheme; and if he will make a statement on the matter. [13457/11]
46. Deputy Mary Lou McDonald asked the Minister for Health and Children the scope of his inquiry into spending in the Health Service Executive relating older persons and the fair deal scheme; and if he will make a statement on the matter. [13461/11]
Deputy Kathleen Lynch: I propose to take Question Nos. 44 and 46 together.
As the Deputies will be aware, the Minister for Health and Children has recently been made aware of a serious shortfall in the fair deal budget for this year. The budget is coming under pressure from, among other things, increases in overall costs and increases in net demand for long-term care. Furthermore, the HSE has advised that the long-term residential care subhead is also funding services other than those covered by the nursing homes support scheme. I [640]understand these other services, which include therapies and medications, are being provided to people in nursing homes.
The decision to suspend approvals under the nursing homes support scheme was made by the HSE on Friday, 13 May 2011 and a letter issued to each regional director of operations for further distribution to all hospitals in their areas. A copy of this letter was sent to the Department of Health and Children on Tuesday, 17 May. The Minister for Health and Children was advised that day and a meeting with the HSE took place that evening.
A full examination of the funding situation is under way, conducted jointly by the Department of Health and the HSE. This examination is to be completed by Friday, 3 June 2011. The Minister has sought further information about the level of funding provided for, and the cost drivers impacting on, the long-term residential care subhead. The main priority at this stage is to establish what steps might be taken to allow more people to benefit from the scheme. In the meantime, applications for financial support under the scheme will continue to be accepted and processed. However, decisions to grant approval will be subject to the availability of funding.
Deputy Caoimhghín Ó Caoláin: We addressed this issue in some measure earlier, so I will concentrate on just some of the different areas. The Minister indicated on 20 May that approval of applications “would resume” and said that funding would be reallocated for this purpose. We now face a situation where the entire approvals process has been suspended. Are we to wait until the end of the review, 3 June, or have any other steps been taken to identify additional funding supports for the fair deal scheme? Has everything been sent to limbo for the moment or are we proactively looking at where additional funding can be realised? Will we only start to look at this post the publication of the review?
The Minister claimed that €100 million of the funding allocated for the fair deal scheme was used for other purposes by the HSE, although the HSE would say the funding was spent legitimately on services for older people. There may be truth in both arguments. However, with regard to the Minister’s position, does he accept that €100 million that was allocated for the fair deal scheme has been spent in other areas, such as drugs, therapies etc., and that this money must be restored to the fair deal scheme?
It is a pity the Minister must have a surrogate voice here to respond to questions. He has stated there are anomalies not only relating to the funding of the scheme, but also to admissions policy and assessment procedures. Will he elaborate on that? He appears to suggest that some older people have been wrongly assessed and, perhaps, wrongly admitted into nursing homes. We need clarity on his statement.
Deputy Kathleen Lynch: I do not think the Minister made that assertion at all, but I am sure he will speak for himself later. The report on the review is due on Friday. Therefore, it is pointless to start discussing where the money will come from, whether it should be returned to the scheme or how much will be needed in the future until we see the review. This is not an issue that will disappear overnight. It is a long-term issue that will not just be about this year, but about next year and the year after. The issues need to be reviewed and we need to find out exactly what happened and what the financial and other needs are for the future.
The Minister has admitted that €100 million was spent on areas other than the subhead for which it was intended, but it was spent in nursing homes. Other subheads could have paid for those therapies and medications. This is the subject of the review, which will try to establish where the money was spent and how we will rectify the issue.
[641]Deputy Richard Boyd Barrett: I accept the Minister is in a difficult position. If I understand correctly, the Minister is saying that the money was spent from the wrong subhead, but it was spent in areas where it was needed and now we have the problem of trying to identify the money elsewhere, but that it may well be needed in the area from which it will be taken. This is the bind we are in. Some of the Minister’s earlier comments suggest he agrees with me that even initially the fair deal scheme was not ideal, based as it was on property prices and putting liens on people’s houses. Does he agree that is what makes the terrible bind in which we find ourselves? This is all happening against the background of the IMF-EU deal and the austerity programme.
I know it is not entirely up to the Minister, but should we not say that if we seek other funding, it cannot come from robbing other vital health services? It must come from elsewhere and that requires a Government willing to impose taxes on the wealthy and get money from those who can afford it in order to fund the vital health services without which ordinary people will suffer and face a continuing crisis in the health service.
Deputy Kathleen Lynch: We all accept that this issue concerns a vulnerable group of people and we want the best possible solution. We need to find out where the money went. The review of the fair deal scheme was promised under the programme for Government and even if this problem had not arisen, the scheme would have been reviewed. The issue is accountability. If the subhead provides the money is to be spent on “X”, it cannot be spent on “Y”. The lack of accountability and transparency is evident and that is what the review will clarify.
Deputy Caoimhghín Ó Caoláin: With all respect to the Minister and Minister of State, the responses they have given create a deeper crisis of confidence in the fair deal scheme for the future, because of the lack of certainty. The questions posed and responses received are hugely problematic for many people. How quickly after the receipt of the review report on Friday will the Minister be in a position to make a clear statement of intent on the future of the fair deal scheme? How quickly will he be in a position to say that we are back to processing to approval stage and that beds will be reopened and access will be provided for people who need long-term nursing home care? Will the Minister respond as quickly as possible after Friday?
Deputy Kathleen Lynch: It is not possible to answer the Deputy’s question as none of us has a crystal ball. We will have clarity after Friday and we intend to deal with the issues early next week. We do not know what is in the review and, therefore, cannot say that we will process and approve provision next week. Above all, we reassure people in receipt of care under the fair deal scheme that there is no threat to their service. When talking about this vulnerable group of people, we must be clear, precise and honest.
45. Deputy Dara Calleary asked the Minister for Health and Children if he will provide an update on the implementation of the mental health strategy. [13422/11]
Deputy Kathleen Lynch: A Vision for Change contains 200 recommendations to be implemented over a seven to ten-year timeframe. Progress to date includes: the closure of a number of the old psychiatric institutions with ongoing work on the closure of the remaining institutions; a 17% decline in the number of patients resident in psychiatric facilities since 2006; fewer admissions and involuntary admissions; a year-on-year reduction since 2001 in the number of patients readmitted to hospital pointing to an improvement in community-based services; significant improvements in child and adolescent services with more multidisciplinary [642]teams in place throughout the country and an increase in the number of inpatient beds; significant engagement with service users; and improvements in the forensic service.
An independent monitoring group was established to monitor and assess progress on the implementation of the recommendations set out in the report. I look forward to the group’s annual report for 2010 which I expect to receive within the next few weeks. This will give an independent update on the current status of implementation and will give us the opportunity to take stock of where we are and identify areas in need of further improvement.
The reform of our mental health services is a priority for the Government. I assure the Deputy that I am fully committed to improving our mental health services, and to driving the implementation of A Vision for Change and the transition from an institutional to a community-based model of care. I am working with officials in my Department as well as the HSE with a view to delivering progress on the reform process in this area as early as possible.
Deputy Billy Kelleher: Has the Minister of State established how many adult and children mental health teams the HSE has established? Obviously it is an issue on which we would like to get some clarity. An implementation group for A Vision for Change was established to ensure there was ongoing monitoring of the implementation of the 200 recommendations. In addition the Office for Disability and Mental Health was established in 2008. Does the Minister of State intend to allow that office to continue so as to ensure a strong emphasis on mental health and disability?
Deputy Kathleen Lynch: There are approximately 61 multidisciplinary teams which will include child and adolescent services. I am not certain that they are fully functioning. That is something we will need to investigate. While many are fully staffed, not all of them are. We are most concerned about children. Two new purpose-built 20-bed child and adolescent units at Bessborough in Cork and Merlin Park in Galway have been completed. I have visited both of these exceptional facilities. Acute admissions at St. Brendan’s in Grangegorman have now ceased. Enabling works are under way on the development of a 54-bed replacement long-stay facility as part of the Grangegorman redevelopment project. We are making progress. Progress in some areas is easier than in others. The community-based services are important, as are multidisciplinary teams, and the child and adolescent service. There are other areas where there is major resistance to closing old institutions. I do not believe there is one person in this establishment who feels that those institutions should continue as they are.
Deputy Billy Kelleher: I welcome the Minister of State’s commitment to continue to close the old psychiatric hospitals and to provide community-based facilities. Given the statement of the Minister for Health and Children, Deputy Reilly, that he does not agree with the number of primary care teams the HSE claimed it had established, would it not be appropriate to look at whether these adult and child community mental health teams are operational, as they cross over with the primary care teams?
Deputy Kathleen Lynch: The commitment to mental health in the programme for Government is very clear. When an institution is being closed it is closed on an incremental basis. Only in the event of all the community services being in place will that institution close entirely. It is appropriate that people in certain areas — we all know where they are — have that assurance. That will be the practice under this Government. All community services will be in place before institutions are closed.
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) Peter Fitzpatrick — the loss of 102 jobs in Vodafone in Dundalk; (2) Deputy Michael Healy-Rae — the cost of school books; (3) Deputy Brian Stanley — the need for details of the impact of the reconfiguration of services at the three midlands hospitals at Tullamore, Portlaoise and Mullingar and any proposed curtailment in services; (4) Deputy Jim Daly — the eligibility criteria of applicants for the position of supervisors in the new tús programme; (5) Deputy Gerald Nash — the need to continue to support, resource and recognise the contribution of the arts to society and the economy; (6) Deputy Pearse Doherty — as management at Letterkenny General Hospital announces the cancellation of outpatient clinics and patients on trolleys in accident and emergency, the need for the Minister for Health and Children to intervene immediately to resolve the ongoing debacle over the completion of the crucial extension to the hospital incorporating a new accident and emergency ward and modern designed wards on the floors above it; and the further need for the Minister to act to ensure that the subcontractors owed money for works carried out at the extension are fully compensated following the Letterkenny General Hospital extension main contractors, McNamara Construction, entering into receivership; (7) Deputy Timmy Dooley — the proposed closure of the Teagasc office at Scariff, County Clare; (8) Deputy Niall Collins — the non-payment of subcontractors on a school building project at Kilfinane, County Limerick; (9) Deputy Finian McGrath — the need to protect children from child abuse, drug addiction, homelessness, prostitution and severe mental problems; (10) Deputies Éamon Ó Cuív and Noel Grealish — the need to provide OPEX funding to Galway Airport for the next three years; (11) Deputy James Bannon — the need to review the by-law which has banned eel fishing here; (12) Deputy Paudie Coffey — the establishment of a university of the south east; (13) Deputy Patrick O’Donovan — the need to approve an application made by Nicker national school, Pallasgreen, County Limerick under the devolved scheme for much needed improvement works at the school; (14) Deputy Paschal Donohoe — the plans that the Government has to sell Coillte; (15) Deputy Seamus Kirk — the industrial projects being contemplated to compensate for job losses in the Dundalk area of County Louth; (16) Deputy Nicky McFadden — the provision of an extension to Baylin national school, Athlone, County Westmeath; (17) Deputy Martin Ferris — school transport in rural areas; (18) Deputy David Stanton — the need for the Minister for Education and Skills to debate the importance of improving the uptake of higher level mathematics at leaving certificate level; his plans to develop his Department’s policy to promote higher level mathematics to second level students; and the need for him to make a statement on the matter; (19) Deputy Pádraig Mac Lochlainn — as management at Letterkenny General Hospital announces the cancellation of outpatient clinics and patients on trolleys in accident and emergency, the need for the Minister for Health and Children to intervene immediately to resolve the ongoing debacle over the completion of the crucial extension to the hospital incorporating a new accident and emergency ward and modern designed wards on the floors above it; and the further need for the Minister to act to ensure that the subcontractors owed money for works carried out at the extension are fully compensated following the Letterkenny General Hospital extension main contractors, McNamara Construction, entering into receivership; (20) Deputy Tom Fleming — the need to set up a jobs taskforce immediately for County Kerry in view of the recent job losses in Castleisland and Caherciveen which is a continuation of dramatic job reductions in the county and that the people appointed on the task force would be named and made available to communicate with all interested bodies at an early date; (21) Deputy Mattie McGrath — the need for the Minister for Health and Children to outline the future plans for St. Michael’s acute psychiatric unit at the Clonmel hospital; and (22) Deputy Bernard J. Durkan [644]— the need to review procedures in the passport office to ensure the delivery of a fast, effective and efficient service.
The matters raised by Deputies Bernard J. Durkan, Martin Ferris, Jim Daly and Seamus Kirk have been selected for discussion.
Deputy Micheál Martin: Last week a Cabinet Minister gave an extensive media briefing about policy on low-paid workers without clearing it with the Taoiseach or the Cabinet. This set off days of briefings and counter-briefings with no one any the wiser on Government policy and the Minister’s personal agenda. This was unfortunate but not an isolated incident. In the past three weeks the Taoiseach and the Minister for Finance, Deputy Noonan, have had to deal with the fall-out from comments by other Ministers because they got mixed up, misspoke, were taken out of context or simply got it wrong.
I know the Taoiseach’s preferred approach to the Minister, Deputy Varadkar, and maybe other Ministers, might be simply to ignore what he says. However, an analysis done this afternoon shows that his Sunday interview has been covered by more than 2,200 media outlets around the world so far. Similarly a review published today uses the now corrected statement by the Minister, Deputy Howlin, on restructuring to claim that Ireland accepts that restructuring is inevitable. I am conscious that Ministers are still operating to the standard set in Opposition, where all that basically mattered was the size of the headline.
Deputy Alan Shatter: It would not work to operate to the standards the Deputy showed in government.
Deputy Micheál Martin: Things are far more serious now.
Deputy Alan Shatter: The Deputy should not laugh about the standards.
An Ceann Comhairle: Order, please. Can we have a question?
Deputy Micheál Martin: The problem is that loose talk costs jobs. It costs jobs because——
Deputy Bernard J. Durkan: The Deputy should know all about that.
Deputy Alan Shatter: The Deputy’s party lost 450,000 jobs.
Deputy Micheál Martin: ——companies make decisions on where to invest, and they are watching this kind of stuff——
An Ceann Comhairle: The Deputy has seven seconds remaining.
Deputy Micheál Martin: ——and are filing reports. I do not know which Minister the Taoiseach will need to slap down next, but can he say to the House that he has spoken to his Ministers and explained to them why these solo runs are damaging? What is he doing to ensure this stops?
Deputy Billy Kelleher: Where is the Minister anyway?
The Taoiseach: Yes, I have spoken to all of the Ministers about the importance of this matter. The Deputy said that loose talk costs jobs, which is true. So does lack of truth and transparency. When he had the opportunity — he was less than economical with many of the facts of life. I [645]put this to the Deputy. This Government is in a very different position from the one of which the Deputy was a member because we have taken decisions about the banks.
Deputy Timmy Dooley: Those are the same ones we did, which is very different from what the Taoiseach is talking about.
The Taoiseach: We have taken decisions in respect of a national economic stimulus and we are now carrying out a detailed analysis of how public moneys are spent so we can prioritise what we can do within the constraints of the IMF-EU deal for the 2012 budget. Of course, the international wires carry news they regard as appropriate. I confirm, as I did last week in this House, that there will be no need for a second bailout in 2012.
Deputy Timmy Dooley: What about 2013?
Deputy Pearse Doherty: What about 2013?
The Taoiseach: Our IMF-EU bailout deal is to last for two more years. The Government has negotiated downwards the original cost of that deal.
Deputy Timmy Dooley: How did the Taoiseach do that?
The Taoiseach: We have made changes to the amount that was estimated to be required. We have made changes to elements of the deal in the context of changes in respect of the minimum wage and the jobs initiative, and these have been accepted by the troika. The proof of the pudding is actually in the eating. The first analysis carried out by the troika in respect of Ireland living up to its commitments has been validated and this country has been commended on the action it has taken and on the fact it has measured up to the requirements of the EU-IMF bailout deal. That is the direction we are headed in. This is not easy; it is challenging.
Deputy Micheál Martin: Every time the Taoiseach is asked a question and is caught breaking a promise, he avoids answering the direct question asked. It seems his commitment to change has lasted about as long as the pledge of the Minister for Education and Skills, Deputy Quinn, on student fees.
The Taoiseach will, I hope, have seen the detailed briefing on the damage done by the comments of the Minister for Transport, Tourism and Sport, Deputy Varadkar. The biggest problem, however, is that many people are stating openly in writing and opining that the Minister was telling the truth and that the Taoiseach and his Minister for Finance are denying it because they must. The implication that the Taoiseach is not telling the truth is deeply damaging and inappropriate.
Deputy Bernard J. Durkan: Which side of that argument is Deputy Martin on?
Deputy Micheál Martin: I am sure he would agree with that. This is what is being said in public analysis; I am just making the point.
Deputy Pat Rabbitte: We know what is being said. What is Deputy Martin saying?
An Ceann Comhairle: Could we have a supplementary question?
Deputy Micheál Martin: I am asking the Taoiseach my question. The Taoiseach should put an end to the theme emerging in public discourse following the comments of the Minister, Deputy Varadkar. I acknowledge he has gone some way towards doing so.
Deputy Pat Rabbitte: Tadhg an dá thaobh.
[646]Deputy Micheál Martin: The Taoiseach ought to clarify, to the country and wider international community, whether the positions he expressed publicly yesterday and on which he was quoted in respect of the bailout programme, which is to run to the end of 2013, to the effect that Ireland has sufficient money in all circumstances to deal with it its obligations and that there will be no need for a second bailout represent his public, private, final and unequivocal positions.
Deputy Bernard J. Durkan: What is Deputy Martin’s view?
The Taoiseach: Deputy Martin’s comment is quite pathetic.
Deputy Bernard J. Durkan: Hear, hear.
The Taoiseach: He speaks of media commentators, national or international, who speak of telling the truth about events that have not yet happened. We know the truth about what he has left us with and the truth about the stress tests. We know the truth about the changes agreed with the troika by this Government.
Deputy Timmy Dooley: We know the lies the Taoiseach told before the election.
The Taoiseach: We know the truth that is unfolding about the investigation being carried out by the Government in respect of the comprehensive spending analysis.
I might hold out a list of at least €253 million of unbacked-up decisions made by the Government across a range of areas, with no decision taken other than the figures put in——
Deputy Micheál Martin: We are well on track, according to the Taoiseach.
The Taoiseach: Deputy Martin speaks from the Fianna Fáil benches of the truth about issues that have not unfolded. Nothing has unfolded other than conjecture and projections. As far as we are concerned, the Government is proceeding on the basis of decisions made that were left lying around for a very long time. The consequence of being in the IMF-EU bailout deal has been thoroughly assessed in the first quarterly review by the troika. The country has measured up in terms of this challenging position. We intend to maintain this position. The programme, as the Deputy knows, is to run for a further two years. That is clear and there is no equivocation or rolling back from what we have set out to do.
Deputy Gerry Adams: Cuirfidh mé ceist ar an Taoiseach, an cheist chéanna a chuir sé ar Mr. Bertie Ahern: is it not time for the truth to be told about the scale of the economic crisis? This is exactly the same question he put to his predecessor last October. I asked the Taoiseach this today because of the contradictory statements made by his Ministers. The Minister for Transport, Tourism and Sport said there will be a need for a second bailout but the Taoiseach contradicted that. Last week, the Taoiseach repeated the mantra that the State will repay the debt it owes to the EU and IMF, which now amounts to almost €200 billion. What of our debt to carers and to children with special needs and their parents? What of our debt to 300,000 low-paid workers? What of our debt to senior citizens who need long-term residential care?
This morning, I asked the Taoiseach to equality-proof Government decisions. It is surely the mark of a civilised society to consider the social consequences of Government decisions. The Taoiseach rebuked me and stated I must be holding too many clinics. The truth is that the debt is unsustainable. The truth is that the Members on these benches will survive that, but others will not.
[647]Last week, the Taoiseach refused to reinstate the fair deal scheme. The Government seems intent on impoverishing low-paid workers, who could not afford a personal agenda.
An Ceann Comhairle: A question, please.
Deputy Gerry Adams: The Taoiseach seems to be intent on robbing children of their special needs assistants. Will the Taoiseach commit to honouring these people’s rights as citizens and to giving them a bailout and reversing the cuts which are hurting the most vulnerable in society?
The Taoiseach: The Deputy’s question wanders over the Cooley Mountains. He proceeded from talking about the debt to children of the Government to a whole range of issues. It is the duty and responsibility of the Government to govern fairly and in the best interest of the people. That is why, after these short few months, the truth of what we are finding is unfolding. We will have to deal with it with a sense of courage and fairness. Of course I have heard the reports on disadvantage and meet people regularly who are disadvantaged and feel isolated and left behind. They have been left behind and evidence of this was brought to the nation’s attention in a television programme last evening.
I am quite sure the Deputy wants to play his part in this Oireachtas by supporting Government initiatives for job creation and getting people back to work. I do not want us to continue to have over 440,000 people on the live register. What we need from the other side of the House is constructive debate on job creation, initiatives to create employment and free up employers to take on new employees, such that we can grow the indigenous economy and continue to avail of the potential that exists for the export market in a range of areas. Everywhere I go around the country, I meet entrepreneurs and business people who are interested in focusing on getting back to work. They need credit for their businesses, and need restrictions, red tape and bureaucracy removed. They want to be able to take on some of the people on the live register who are unemployed and feeling the pinch because of the country’s economic circumstances. That is the challenge facing the Government. It is not just a question of debt. While I acknowledge debt is critical, it is also a question of duty and responsibility. In respect of these two areas, the Government will live up to the mark.
Deputy Gerry Adams: I do not want to play a part in this Oireachtas; I am already playing a part in it. I asked the Taoiseach three straight questions about three categories of citizens, namely, senior citizens, children with special needs and people on low incomes. I asked him to reinstate their status as citizens and reverse the cuts. He did not answer the question. It is, therefore, up to the Taoiseach to play his part in this Oireachtas.
Deputy Gerry Adams: The Taoiseach referred to the programme on television last night. I did not see it but I did not need to in order to know what carers must put up with. The Carers Association has asked the Government to bring forward immediately a strategy to reinstate people’s ability to care for their loved ones at home.
Mine is a straight question, not a history lesson nor a poc fada over the Cooley Mountains: will the Taoiseach reinstate the status of carers and give them the ability to look after their loved ones at home?
The Taoiseach: The Deputy mentioned people on low incomes. This Government took a decision to reverse the cut in the minimum wage, which reversal and consequent increase will take effect from 1 July and will be introduced by the Minister for Social Protection.
Deputy Gerry Adams: We campaigned and we welcomed that. Answer the question.
[648]The Taoiseach: That is the first point. Those people in respect of whom the Deputy legitimately raised his voice will have that cut in the minimum wage reversed and, therefore, their wage increased, with effect from 1 July.
Deputy Timmy Dooley: How many people will be affected?
The Taoiseach: The second point is that the jobs initiative introduced by this Government, about which the Deputy had his own views, will go towards playing its part, limited though it is, in taking people off the live register, the unemployment register, and giving them the opportunity to have a job and a career. That is why the Minister for Health and Children today approved and got approval from Cabinet to set out a public health policy framework which includes senior citizens and people with special needs.
Deputy Timmy Dooley: I am sure people will jump for joy about that.
The Taoiseach: I do not understand why that was not done in the past 40 years but the reason the Government and the Minister without Portfolio is now carrying out a comprehensive analysis of the way moneys have been spent here is precisely to deal with that question so that the Government can prioritise those who deserve priority in terms of being treated fairly across the board.
Deputy Timmy Dooley: The Taoiseach will tell us some day.
The Taoiseach: If we did not have a situation where decisions were made to spend €60 million here and there on voting machines and another million euro on storing them——
The Taoiseach: Deputy Dooley may laugh if he wishes but that kind of money being put into the area of special needs or attention for senior citizens would go a long way to dealing with that.
Deputy Barry Cowen: What about the fair deal scheme?
The Taoiseach: To answer Deputy Adams, what we have got to do——
Deputy Barry Cowen: The Taoiseach cannot find the fair deal scheme money.
The Taoiseach: ——is find out the truth of the scale of misspending or inappropriate spending, or where spending is giving best effect, and increase that. I want to see senior citizens valued. I have made that a tenet of mine for very many years.
Deputy Timmy Dooley: The Taoiseach is in power now. It is in his hands.
The Taoiseach: I want to ensure that children and adults with special needs are treated and given facilities in accordance with their requirements. That is why the Minister for Health and Children is carrying out that analysis on the scale on which he is carrying it out, in accordance with the decision of Government, to have a comprehensive spending review.
A Deputy: The Taoiseach will run out of analysts.
The Taoiseach: I assume that when that analysis is completed the Deputy will continue to play his part in making his views known, as he will have the opportunity to do, so that everybody can be treated fairly and be seen to be treated fairly.
[649]An Ceann Comhairle: I call Deputy Finian McGrath.
Deputy Gerry Adams: The Taoiseach did not answer my question about carers.
An Ceann Comhairle: Deputy Adams——
Deputy Gerry Adams: Carers have asked the Taoiseach to reinstate a strategy to allow for long-term care-giving at home.
The Taoiseach: The Deputy asked about low incomes, special needs and senior citizens.
Deputy Gerry Adams: The Taoiseach did not answer the question. He makes Bertie seem like an altar boy when it comes to answering questions.
An Ceann Comhairle: Can we have order for Deputy Finian McGrath?
Deputy Finian McGrath: I want to raise a number of issues and develop some of them further in regard to children with special needs and children and adults with an intellectual disability, whose service is threatened due to the current economic crisis. I hope the Taoiseach is aware of the major problems facing many families of children and adults with disability following the excellent “Prime Time Investigates” programme last night. It was an excellent example of public broadcasting highlighting the needs of the most vulnerable sections of society. This morning I attended a fund-raising event in Donnycarney for autistic children where the issue on the agenda was cuts to those services.
With regard to the intellectual disability sector, is the Taoiseach aware that we have a major problem with 3,845 people with an intellectual disability on waiting lists for residential day care and respite places? In view of that, I ask him not to cut any service for a child or adult with a disability and to make that a priority issue over the course of the next four years. Can the Taoiseach give me a commitment on that in the Dáil today?
Does the Taoiseach accept that children and adults with a disability and their families did not cause this economic mess and should not be blamed or penalised for it? That is an important point. Can he and his Government make that a core principle over the next four years?
Is the Taoiseach aware that 2,158 residential places, 208 day care places and 1,479 respite places are needed to end the waiting lists over the next four years? What are his plans to end those long waiting lists and to support those people and their families?
The Taoiseach: Deputy McGrath has raised several issues similar to these in the past and I know he has a deep and personal interest in this area. The children did not cause this problem, nor did their parents. The Government will focus on this area as a priority and when the analysis of the comprehensive spending review is completed, we will know the truth of the scale of the priority that can be accorded to any of these sectors. Obviously, this one is very sensitive and personal to a great number of people.
I do not have the detail of the number on waiting lists for respite care to which Deputy McGrath referred but that is not just a statistic. Such care goes on every day, night, week and month and that places very considerable emotional and social pressure upon parents who did not cause this problem. I agree with the Deputy 100% in that regard.
The work being done by the Minister for Education and Skills for those with special needs and by the Minister for Health and Children in respect of respite care and waiting lists, and that entire area, is also being examined and referred to by the Ministry for children and youth [650]affairs. These matters are all intertwined and interdependent. I do not have the details of the respite lists the Deputy mentioned but these matters are a priority.
Deputy Finian McGrath: I thank the Taoiseach for his response. On the figures I gave, they are the up to date Health Service Executive figures and they came from the Minister for Health and Children.
Many parents have asked me if the Government is taking the issue seriously. For example, many parents were in the audience of “The Frontline” programme on RTE 1 last night yet not one senior Minister or Minister of State could be found to appear and put the Government’s position on the table. Many of those parents were offended by that and many people throughout the estate were upset about it. Will the Taoiseach take this issue very seriously?
On other issues, particularly related to education, is the Taoiseach aware that one class of 28 six year old boys, with two children with special needs and others with severe behavioural problems, has had its SNA hours reduced to three days per week from 9 a.m. to 11 a.m.? In addition, one of those children is incontinent and at times has to wait until another SNA can come to provide support from another part of the school. Where does that leave the dignity and the long-term health implications of the child, with the child being forced to wait for these services? Also, is the Taoiseach aware that an ABA school in Donaghmede on the north side of Dublin will close in July due to lack of Government funding?
The Taoiseach: I will refer the Deputy’s last point to the Minister. I assume the school to which he refers is an official school in respect of ABA. I am well aware from meeting parents of children in schools that have been set up around the country because parents believe in ABA that such schools are entirely voluntarily funded, and the pressure on those people to continuously raise funds for teachers in whom they believe is quite considerable. This morning the Government approved the publication of the report into SNAs, which is an issue that should be debated in the House. The Deputy will find matters of considerable importance in that report that should and will be discussed here.
As I understand it, the Minister was not consulted about the preparation of the programme yesterday. I believe contact was made some time before the broadcasting of the programme asking the Minister to appear in respect of a programme that he had not seen.
Deputy Micheál Martin: That is fairly normal.
Deputy Pat Rabbitte: It never happened in the Deputy’s time.
The Taoiseach: Nobody over here has any difficulty about appearing on programmes. The Minister will do a programme on this issue very shortly. I would like to think that some of the issues dealt with in the programme last night should have been dealt with long before now. For example, why does somebody have to wait for four years to make his or her home wheelchair accessible? Why is somebody suffering from motor neurone disease turned down for a medical card? One of my best friends died from that disease. I know, from a layman’s perspective, the sad and tragic path of that disease, yet one cannot get any facilities without a medical card, even though it is a terminal illness. Some of the shocking revelations that were made in the nine cases outlined last night speak for themselves. That is precisely why we have to review the entire structure of the way services are delivered and money is spent. This goes on every day and it is a shocking indictment of society in 2011 that many of these things came to light. I do not deny that and I sympathise and empathise with those people whose cases were highlighted last night. Many others who we both know have to contend with this every day, and that is not the way things should be. When the Government gets the truth about the scale of [651]this, that is not the way it will be. I would like to think that we could reverse all of these things overnight, but we cannot do that.
It is important that everybody has a genuine interest in these things and we in the Oireachtas should see to it that when we get the relevant Ministers’ responses to the comprehensive spending analysis, we determine what is in the best interests of those who should be given a clear priority here.
Deputy Jerry Buttimer: Fianna Fáil was in government for 14 years——
An Ceann Comhairle: Sorry Deputy, I am reading something out.
Deputy Jerry Buttimer: You were in Government for 14 years and you should be ashamed of yourselves.
An Ceann Comhairle: I will not ask the Deputy a second time.
An Ceann Comhairle: Before coming to the Order of Business I propose to deal with a number of notices under Standing Order 32. I call on Deputy Healy-Rae.
Deputy Michael Healy-Rae: I seek the adjournment of the Dáil under Standing Order 32 to debate the following matter: As the HSE has stopped the processing of applications and allocations under the fair deal scheme, this has now resulted in a nightmare situation for many nursing homes in the country that were at the point of being constructed. The main banks have pulled all funding for nursing home projects. This is now their policy and is applicable to all projects nationwide; even those which have already received approval but which have not yet got contracts signed. I know of one such project which has been held up and which would have created 150 jobs. We urgently require reassurance that funding will be made available for the provision of nursing homes to care for our elderly population as there is a serious shortage of long-term care beds nationwide.
An Ceann Comhairle: I call on Deputy Mac Lochlainn.
Deputy Pádraig Mac Lochlainn: I seek the adjournment of the Dáil under Standing Order 32 to debate the following urgent national matter: In respect of the debacle over the crucial extension to Letterkenny General Hospital, we are urging the Minister for Health to intervene and resolve this matter.
An Ceann Comhairle: Having considered both matters, they are not in order under Standing Order 32.
The Taoiseach: It is proposed to take No. 9, Criminal Justice Bill 2011- Second Stage (resumed). It is also proposed to take Private Members’ business, which shall be No. 25 — motion re Government and Oireachtas reform.
An Ceann Comhairle: There are no proposals to be put to the House today.
Deputy Micheál Martin: No. 23 on the Order Paper is the Twenty-Ninth Amendment of the Constitution (No. 2) Bill 2011. While I welcome the publication of the Government’s Bill on [652]corporate donations, it abandons the commitment to a complete ban outlined in the programme for Government.
Deputy Brendan Howlin: What a brass neck.
Deputy Micheál Martin: That programme stated that the Government will introduce necessary legal and constitutional provisions to ban corporate donations to political parties. The outline of the Bill that has been published will allow corporate donations to continue and confirms that there will be no constitutional ban put to the people. There will be no complete ban on corporations. In the light of the Taoiseach’s previous commitment, would he consider accepting No. 23 on the Order Paper?
Deputy Alan Shatter: Does the Deputy not feel embarrassed raising this?
Deputy Micheál Martin: Not at all.
An Ceann Comhairle: Will you ignore the side comments?
Deputy Micheál Martin: The Government voted down our Bill.
An Ceann Comhairle: Ignore the side comments and ask your questions.
Deputy Billy Kelleher: How many bankers has the Minister put in jail?
An Ceann Comhairle: Deputy Kelleher, show some respect for your leader.
Deputy Micheál Martin: I would just like to make one point. Deputy Shatter’s party has raised more in corporate donations in the last few years than any other political party in this House. That is a fact. His party has not been subjected to the same scrutiny.
Deputy Pat Rabbitte: That must break Deputy Martin’s heart.
Deputy Micheál Martin: Many of Deputy Rabbitte’s people have been doing it as well for a long time.
Deputy Pat Rabbitte: The Deputy should not put on his Mother Teresa face.
Deputy Micheál Martin: There has been agreement across the House for every party to commit to banning corporate donations. There is a Bill on the Order Paper and will the Taoiseach accept that Bill to give effect to the commitment that he himself made to ban corporate donations?
Deputy Pat Rabbitte: Did the last Government not stop poor John Gormley when he tried it?
The Taoiseach: That is not even a brass neck. That is a neck of toughened platinum from which the memory chip has been removed.
Deputy Micheál Martin: The memory chip has been removed in the context of the Moriarty tribunal.
The Taoiseach: The Bill proposed by the Government will seriously reduce corporate donations. Banning corporate donations outright would invite a serious constitutional chal[653]lenge. That is the legal advice that I have received. The last Government got the same advice, and whether it was dig outs or tents or whatever, it carried on regardless and now Deputy Martin is in here calling for such donations to be banned outright so that everybody should proceed on an even keel. The Bill will seriously impact on what went on before. It will bring transparency and accountability to this area and will deal with it for once and for all. I do not want to follow the Deputy’s advice and see a constitutional challenge which will hold the thing up for years. This will go through very quickly.
Deputy Micheál Martin: No. 23 on the Order Paper deals with the constitutional issue. That is the point.
Deputy Alan Shatter: The Deputy is so used to dig outs that now that he is in a hole, he cannot stop digging.
Deputy Micheál Martin: The Taoiseach is avoiding the issue.
Deputy Pat Rabbitte: I agree. It is a scandal. Somebody should do something about it.
An Ceann Comhairle: Deputies, please calm down. I call Deputy Adams.
Deputy Gerry Adams: Tá díospóireacht ar fiacha an Rialtais á lorg agam, i ndiaidh an méid a dúirt an t-Aire, an Teachta Varadkar, agus na hAirí eile. Tá daoine ar fud na háite ag caint faoi fiacha an Rialtais. Tá na dogs on the street ag caint faoi seo, ach níl cead againn díospóireacht a bheith againn faoi.
There has been widespread discussion everywhere about the comments of the Minister, Deputy Vardadkar, that a second bailout will be needed. The Taoiseach’s Ministers have been filling out each other’s report cards on this issue. Another Minister, Deputy Bruton, said there was no need to go to the markets——
An Ceann Comhairle: Are we inquiring about legislation here?
An Ceann Comhairle: We have left Leaders’ Questions. We are on the Order of Business.
Deputy Gerry Adams: I am seeking a discussion. I am asking the Taoiseach——
An Ceann Comhairle: We do not have a discussion on the Order of Business. We have questions.
Deputy Gerry Adams: Then I will ask a question.
An Ceann Comhairle: It must relate to legislation.
Deputy Gerry Adams: Will the Taoiseach allow for a debate on this issue? Will he allow it this evening? Does he appreciate that a series of Ministers have given totally contradictory messages on the issue of the debt?
An Ceann Comhairle: That is out of order.
The Taoiseach: Chuir an Teachta isteach go mór orm agus é ag caint. B’fhéidir go raibh deacrachtaí canúna i gceist. Nuair a labhair sé faoin Aire, an Teachta Varadkar, ní raibh a fhios agam céard go díreach a bhí sé ag caint faoi.
[654]Deputy Gerry Adams: Tuigim.
The Taoiseach: Baineann na deacrachtaí canúna le míniú an fhocail. Tá cead ag an Teachta é seo a ardú tríd an Phríomh-Aoire ag cruinniú na n-Aoirí. Beidh cead aige labhairt amach faoi seo ó thaobh an Bhille Airgeadais atá ag dul tríd na Dála faoi láthair.
Deputy Gerry Adams: Cad faoi inniu?
The Taoiseach: The order will continue.
Deputy Thomas Pringle: With regard to promised legislation, will the Taoiseach agree that since neither Fine Gael, the Labour Party or Fianna Fáil declared any corporate donations in 2010, it is now in order to remove the planned legislation dealing with this from the Order of Business?
An Ceann Comhairle: Please do not answer that. It is out of order.
Deputy Thomas Pringle: It is about promised legislation.
An Ceann Comhairle: This is not an amusement centre. We are trying to run our business.
Deputy Ciarán Lynch: You will only encourage them, a Cheann Comhairle.
Deputy Dara Calleary: The Dáil will deal with Second Stage of the Criminal Justice Bill 2011 after the Order of Business. There is a shared commitment among all parties of the House to address the issue of white-collar crime through that Bill. However, remarks about the Bill by the Director of Public Prosecutions at the weekend have undermined the commitment of the House with regard to the Anglo Irish Bank investigation. Can the Taoiseach update us on whether the Government considers this investigation a priority? Will he comment on the remarks of the Director of Public Prosecutions?
An Ceann Comhairle: He cannot comment on the remarks of the Director of Public Prosecutions. It is not in order on the Order of Business.
Deputy Billy Kelleher: The Minister, Deputy Shatter, commented on him every day of the week. He was almost the Director of Public Prosecutions in his own right.
The Taoiseach: The Office of the Director of Public Prosecutions is an independent statutory body, as the Deputy is aware, and the Director of Public Prosecutions is entitled to make his point of view known.
Deputy Dara Calleary: Does the Taoiseach agree with it?
The Taoiseach: The Government has set out its priorities on this. That is why the Minister for Justice and Equality introduced the Bill dealing with white-collar crime——
Deputy Dara Calleary: The Bill of the former Minister, Mr. Dermot Ahern.
The Taoiseach: ——which has been hanging around for a long time and is now going through the House. I do not have any control — nor does anybody else — over comments made by the Director of Public Prosecutions, as he is entitled to comment.
Deputy Dara Calleary: Does the Taoiseach agree with the comments?
[655]The Taoiseach: As far as we are concerned, we want to see the law of the land apply effectively and swiftly to those to whom it should apply. In that context, the Minister for Justice and Equality has introduced the white collar crime Bill.
Deputy Michael McGrath: In his statement on banking at the end of March, the Minister for Finance, Deputy Michael Noonan, said that a decision on whether to impose losses on senior bondholders at Anglo Irish Bank and Irish Nationwide would await the final stress test results for those institutions. I understand the Central Bank has published those results today and the figures are unchanged; the total bill is about €35 billion.
An Ceann Comhairle: Sorry, where are we going here?
Deputy Michael McGrath: This is in order, a Cheann Comhairle, if I may finish. Before the election, the Taoiseach said that Fine Gael in Government——
An Ceann Comhairle: There is no need to remind us what he said before the election.
Deputy Michael McGrath: ——would be committed to forcing bondholders to share the costs——
An Ceann Comhairle: The Deputy should just ask him about legislation.
Deputy Michael McGrath: This is a commitment——
An Ceann Comhairle: I will ask the Deputy to sit down.
Deputy Michael McGrath: It is a commitment to bring in business. It is about the taking of business.
An Ceann Comhairle: No. The Deputy must ask about legislation. He does not have to go over what the Taoiseach said six months ago.
Deputy Michael McGrath: It is promised legislation.
Deputy Timmy Dooley: It is promised business.
Deputy Pat Rabbitte: There is no legislation.
Deputy Michael McGrath: Fine Gael stated that it was committed, in Government, to forcing bondholders to share in the costs of recapitalising covered institutions, including senior debt for institutions such as Anglo Irish Bank and Irish Nationwide——
An Ceann Comhairle: I ask the Deputy to resume his seat.
Deputy Michael McGrath: ——that are no longer of any systemic economic importance.
An Ceann Comhairle: The Deputy will not abuse the House.
Deputy Michael McGrath: When will these proposals come to the House?
An Ceann Comhairle: When I ask the Deputy to sit down, will he please sit down?
Deputy Michael McGrath: It is crystal clear.
An Ceann Comhairle: The Deputy is totally out of order. He is entitled to ask about legislation that is promised.
[656]Deputy Michael McGrath: It is promised.
An Ceann Comhairle: Is legislation promised?
Deputy Michael McGrath: It is perfectly in order.
The Taoiseach: There is no legislation promised, a Cheann Comhairle. The Central Bank will publish those results this afternoon and the Minister for Finance and the Government will study them, as is appropriate.
Deputy Billy Kelleher: Did the Taoiseach know they were to be published?
Deputy Michael McGrath: What about the promise?
An Ceann Comhairle: Deputy Boyd Barrett.
The Taoiseach: We will see what is in it.
An Ceann Comhairle: I ask Deputy Boyd Barrett to do me a favour and remain in order, please. I do not want to keep having to ask him to resume his seat. I ask him to do me a favour for once.
Deputy Richard Boyd Barrett: Believe me, a Cheann Comhairle, I am trying my best.
With regard to promised legislation——
An Ceann Comhairle: Thanks be to God.
Deputy Brendan Howlin: That is a good start.
Deputy Richard Boyd Barrett: The fiscal responsibility Bill is in the Taoiseach’s legislative programme. When will the Bill be introduced? Will it deal with matters which were further——
An Ceann Comhairle: No. The Deputy has explained now.
Deputy Richard Boyd Barrett: I am asking about what it will deal with.
An Ceann Comhairle: No; you cannot do that. You are straying now.
Deputy Richard Boyd Barrett: Taoiseach——
An Ceann Comhairle: You are spoiling it all, as they say. Taoiseach, when will this legislation be introduced?
Deputy Richard Boyd Barrett: Will this legislation deal with the obscenity, highlighted at the weekend——
Deputy Richard Boyd Barrett: ——of former Ministers who helped bankrupt this country walking off with pension pots worth millions?
An Ceann Comhairle: When will the Bill be introduced?
Deputy Richard Boyd Barrett: Will the fiscal responsibility Bill deal with that matter?
[657]Deputy Bernard J. Durkan: There is great talk now.
Deputy Pat Rabbitte: He has cut it short.
An Ceann Comhairle: I ask the Deputy to resume his seat. When will the legislation come in?
The Taoiseach: The fiscal responsibility Bill is No. 12 on the list of legislation which was to be published this session. To be truthful, however, it is being shoved back a bit because of the time-limited requirements of the IMF-EU deal with regard to a number of other Bills across a range of sectors. I have referred to these before. To be straight about it, while it is listed at No. 12, it will probably not be published this session because other Bills are listed as conditions of the IMF-EU bailout deal.
Deputy Mick Wallace: I will give credit where it is due. I commend the Minister for Transport, Tourism and Sport, Deputy Varadkar, on his honesty and straight talking at the weekend. It is very refreshing.
Deputy Ciarán Lynch: I understand there have been communications between the Minister for Justice and Equality and the Office of the Attorney General with regard to legislation to abolish upward-only rent reviews. When can we expect to see that legislation in the Chamber?
The Taoiseach: That is currently being drafted. I cannot give an accurate date for its introduction, but I assure the Deputy it is being worked on.
Deputy Timmy Dooley: He gave me the same thing.
Deputy Willie O’Dea: When, approximately, can we expect to see legislation based on the Duffy-Walsh report on joint labour committees and registered employment agreements?
Deputy Pat Rabbitte: Is the Deputy going to write a bit about it?
Deputy Dara Calleary: At least he would know what to write, unlike the Government.
Deputy Willie O’Dea: Ceann Comhairle, I ask you——
Deputy Alan Shatter: Will he get the JLC rate?
Deputy Willie O’Dea: I ask the Ceann Comhairle to remind Deputy Rabbitte that I am busy at the moment and I would like to ignore him some other time.
Deputy Finian McGrath: He will get double time for it.
Deputy Pat Rabbitte: He will get double time on Sunday.
Deputy Barry Cowen: Can we depend on the Government to keep it that way?
The Taoiseach: I am not sure whether Sunday rates apply to articles written on Thursday or Friday.
Deputy Finian McGrath: Ask Deputy Ross.
[658]The Taoiseach: The Minister for Jobs, Enterprise and Innovation is discussing the Duffy-Walsh report with the social partners. He will report back to the Government, which will make a decision.
The Taoiseach: When the Minister reports back.
Deputy Pat Rabbitte: By the end of June.
The Taoiseach: By the end of June.
Deputy Willie O’Dea: Will it be in this session, in view of the fact that he says it is so urgent?
The Taoiseach: The Government expects to make a decision on this by the end of June.
Deputy Timmy Dooley: During the course of the discussion of the jobs initiative in the House, the Government indicated that there would be a reallocation of funding within Departments. I have asked this question in the past: when will we have clarity on which programmes will not now go ahead as a result of the reallocation of €106 million of the €136 million in funding that was announced in the initiative? The Taoiseach said in the course of the debate on the Finance (No. 2) Bill 2011 that Ministers attached to relevant Departments would provide that information to the House, but that, unfortunately, did not happen. When does he propose to get the information on projects that will not now go ahead and put it before the House?
The Taoiseach: The Deputy is aware that, as outlined by the Ministers without Portfolio, the bulk of the money for the jobs initiative comes from the levy on the pension industry. There are no programmes that will not go ahead, although there will be some capital works, which have already been referred to, that cannot go ahead because of insufficient moneys. No programmes are being abandoned. Committee Stage of the Finance (No. 2) Bill will allow the Deputy to pursue any other questions he has in this regard.
Deputy Pearse Doherty: I ask about the scheduling of a debate which should happen today. Maybe the Ministers need a few hours to come up with their own line, but the debate is urgent. It is about what will happen at the end of next year with regard to the bailout.
An Ceann Comhairle: Sorry, that is not in order.
Deputy Pearse Doherty: The Taoiseach continues to say there is no need for a second bailout in 2012.
An Ceann Comhairle: Deputy, you are out of order.
Deputy Pearse Doherty: The reality is that we are talking about 2013. That is when the money will be needed, and that is as far as we can go. Will this Government schedule a debate on the issue of when——
An Ceann Comhairle: The Deputy should ask his Whip to arrange for such a debate. That is how he should go about such things.
Deputy Emmet Stagg: He is a very capable Whip, too.
An Ceann Comhairle: It is not promised.
[659]Deputy Pearse Doherty: Is it not appropriate in terms of the scheduling of business on the Order of Business?
An Ceann Comhairle: No, it is not. It is quite clear if you read the Standing Order. I do not want to be always interrupting Deputies. You will have to read the Standing Order. These matters are dealt with through the Whips. Deputies ask their whip to ask for a debate on such and such and we then deal with it. If a commitment is given for a debate then one can ask when it will be held.
Deputy Pearse Doherty: On a point of order, I want clarification. Is it not appropriate under the Order of Business to ask about the taking of business or the setting of business?
An Ceann Comhairle: If it has been promised.
An Ceann Comhairle: If it has been promised.
Deputy Michael McGrath: There are plenty of promises.
Deputy Pearse Doherty: It does not say that.
An Ceann Comhairle: It does. It is quite clear.
Deputy Pearse Doherty: It does not.
An Ceann Comhairle: No, sorry——
Deputy Pearse Doherty: I refer to the Standing Order. It does not refer to whether it has been promised. The taking of business is a legitimate matter——
An Ceann Comhairle: It has to be promised.
Deputy Pearse Doherty: ——to raise on the Order of Business.
An Ceann Comhairle: If it has been promised.
Deputy Pearse Doherty: I ask you to review that.
An Ceann Comhairle: Deputies can ask when promised business or legislation will be taken. This is about when things will be taken, not about whether we will have a debate.
Deputy Pearse Doherty: That is what I am asking. Can we have a debate on this? There is huge confusion. Yesterday, inaccurate information was given in the media by senior Ministers in this regard.
An Ceann Comhairle: I suggest with respect that you ask your Whip to look into the matter.
Deputy Pearse Doherty: On a separate matter, with regard to promised legislation on political reform, the programme for Government states legislation will be introduced that will give the Ceann Comhairle the authority to ensure a Minister responds directly to a question being asked by a Member of the Opposition. When is it proposed that such legislation will be introduced? Will there be any overseeing mechanisms to ensure the Ceann Comhairle pursues that function in a very equal manner?
[660]An Ceann Comhairle: I take grave exception to your smart remark and I ask you to withdraw it. I am here to adhere to the rules laid down by Standing Orders and I do not wish you or any other Deputy to be passing smart remarks. I ask you to withdraw that remark.
Deputy Pearse Doherty: I have nothing to withdraw. I have asked a very serious question——
An Ceann Comhairle: Yes, you do. You referred to me——
Deputy Pearse Doherty: ——on the programme for Government——
An Ceann Comhairle: ——in a derogatory fashion.
Deputy Pearse Doherty: No, I did not.
An Ceann Comhairle: Yes, you did and I ask you please——
Deputy Pearse Doherty: Let me be very clear on this——
An Ceann Comhairle: Let me be very clear with you. I ask you to resume your seat. I will not tolerate smart remarks from you. I apply the rules as stated in Standing Orders. I call Deputy Mac Lochlainn and if he is not prepared to speak, I will call somebody else.
Deputy Pádraig Mac Lochlainn: I will take my chance, no problem.
An Ceann Comhairle: The Deputy knows what he can ask. It is about promised legislation.
Deputy Pádraig Mac Lochlainn: Absolutely. You have to get your p’s and q’s right when you are in here.
An Ceann Comhairle: You are correct.
Deputy Pádraig Mac Lochlainn: My question is on promised legislation in the programme for Government, if that is permissible.
An Ceann Comhairle: If it is promised.
Deputy Pádraig Mac Lochlainn: Yes, it is promised. It is in the programme for Government.
An Ceann Comhairle: Matters in the programme for Government are not promised legislation.
Deputy Pádraig Mac Lochlainn: With regard to hello money and rural Ireland’s fishing and farming communities, there were huge protests at the gates last week and farmers spoke about practices in the retail sector. The programme for Government promises legislation to deal with hello money and the abuse in the retail sector of the farming community.
An Ceann Comhairle: Is there promised legislation here?
Deputy Pádraig Mac Lochlainn: The programme for Government also promises to deal with replacing criminal sanctions with administrative sanctions for minor offences in the fishing community.
An Ceann Comhairle: The Deputy will get an answer. There is no need to expand.
[661]Deputy Pádraig Mac Lochlainn: These are two huge issues for the rural community. May we see some priority from the Government, not in the next round but immediate priority? Will the Taoiseach answer these questions?
An Ceann Comhairle: It is now 5.05 p.m. and we have other legislation to deal with.
Deputy Alan Shatter: We have been in office for ten weeks. Do you think we can enact the entire programme for Government in ten weeks?
Deputy Pádraig Mac Lochlainn: Let us have an answer. Maybe the Minister will start answering questions instead of lecturing us on democracy. That would really help.
The Taoiseach: I do not have an accurate date for the legislation on hello money. It is part of the programme for Government which will run for five years. It also provides, as the Deputy will be aware, that we will replace the criminal sanction system for minor fisheries offences with an administrative sanctions system which will bring Ireland into line with other European jurisdictions. This was raised by Deputy Harrington and a number of other Deputies in the past few weeks——
Deputy Pádraig Mac Lochlainn: And by me on three occasions.
The Taoiseach: It is not on the list for publication in this session but it is something that will come into focus when we deal with the timeline legislation we are required to deal with under the IMF-EU deal.
Deputy Pat Rabbitte: Fianna Fáil wants a referendum on hello money.
Deputy Micheál Martin: We are more radical than you guys.
Deputy Paschal Donohoe: The issue of personal debt continues to be a cause of huge stress for many people and a very destabilising force on our economy.
Deputy Billy Kelleher: Is the Deputy referring to the Minister, Deputy Varadkar?
An Ceann Comhairle: Is the Deputy’s microphone on?
Deputy Micheál Martin: Move to the left.
Deputy Bernard J. Durkan: That is what you guys have been trying to do unsuccessfully.
Deputy Paschal Donohoe: I have no space here.
Deputy Micheál Martin: Watch this space.
Deputy Paschal Donohoe: My question on promised legislation is that we have indicated a commitment on the reform of bankruptcy law and personal insolvency procedures. Will the Taoiseach inform the House when this legislation will come before it?
The Taoiseach: The major Bill on personal insolvency will be published in the new year. It is serious legislation. There will also be a number of other minor amendments published in the civil law (miscellaneous provisions) Bill which is being drafted at present.
[662]Deputy Charlie McConalogue: When can we expect the Murphy commission report on the diocese of Cloyne to be published? Unlike some of the other promises made by the Government during the election, can we expect it to stand by its commitment to extend the Murphy commission to all other Catholic dioceses throughout the country?
The Taoiseach: There are ongoing discussions about the process of redaction of some elements of the report. The Minister for Justice and Equality informs me we expect it to be completed possibly in the next three weeks which would allow the Government to consider its publication.
Deputy Charlie McConalogue: May we have a private briefing in advance?
An Ceann Comhairle: I call Deputy Crowe.
Deputy Seán Crowe: With regard to jobs and the national vetting bureau Bill, I do not know whether it will impact on the internship proposals but at present it can take up to six months for anyone dealing with children or vulnerable adults to be cleared. Someone in a job dealing with young people must reapply and it can take up to six months. This is a crazy situation which affects people’s livelihoods and their potential to get a job. I know of crèches which are closed at present because of the wait for this Bill. I presume the Taoiseach will state that publication is expected, but when? It needs to be prioritised.
The Taoiseach: I agree that the vetting process takes too long at present. The Minister for Justice and Equality has done some work on this and is well aware of this fact. We hope, through a process, to get extra assistance in the vetting office. It does not take very long to train competent people in the vetting process and work is being done on this. I expect the national vetting bureau Bill to be published by October.
An Ceann Comhairle: That completes the Order of Business——
Deputy Richard Boyd Barrett: I have had my hand up for the past ten minutes.
An Ceann Comhairle: You were up already. Is your question on promised legislation?
Deputy Richard Boyd Barrett: It is on a promised debate.
An Ceann Comhairle: What is it, then?
Deputy Richard Boyd Barrett: On a few occasions, the Taoiseach was asked whether he was open to having a debate on the McCarthy report and he indicated he was. However, there is still no sign of that debate. Given the proximity of the next EU-IMF quarterly review, will we have a chance to discuss the McCarthy report in the House before the Taoiseach tells them what he will sell off?
The Taoiseach: I assume that as this is a major priority for Deputy Boyd Barrett’s he will have Deputy Catherine Murphy raise it at the Whips’ meeting——
Deputy Richard Boyd Barrett: I have.
Deputy Catherine Murphy: It has been raised continuously.
The Taoiseach: ——and he can be assured the Chief Whip will be flathúlach in his response.
Deputy Richard Boyd Barrett: He has not been so far.
[663]Deputy Pat Rabbitte: Deputy Boyd Barrett did not ask in the right way.
Question again proposed: “That the Bill be now read a Second Time.”
Deputy Sandra McLellan: I wish to share time with Deputy Colreavy.
Edwin Sutherland first popularised the term “white collar crime” in 1939, defining such a crime as one “committed by a person of respectability and high social status in the course of his occupation”. He also included crimes committed by corporations and other legal entities within his definition. As a leading criminologist and sociologist, his study of white collar crime was prompted by the view that criminology had incorrectly focused on social and economic determinants of crime, such as family background and level of wealth. According to Sutherland’s view, crime is committed at all levels of society and by persons of widely divergent socio-economic backgrounds. In particular, he contested that crime is often committed by persons operating through large and powerful organisations. White collar crime, he concluded, has a greatly underestimated impact upon our society. Sutherland’s definition is, however, now somewhat outdated.
As an alternative to the socio-economic definition, many define “white collar crime” instead by the manner in which the crime is committed. The United States Department of Justice now describes it as non-violent crime for financial gain committed by means of deception by persons whose occupational status is entrepreneurial, professional or semi-professional and utilising their special occupational skills and opportunities and also non-violent crime for financial gain utilising deception and committed by anyone having special technical and professional knowledge of business and government, irrespective of the person’s occupation.
The lifeblood of white collar crime lies in the fact that, unfortunately, people tend to draw the line where criminality begins and put their toes right up to that line. In our recent and not so recent past, banking executives, business leaders and politicians were dangerously close to committing criminal behaviour as defined by our laws and it seemed that they just wanted to stand on the other side of the line.
Even the perception, never mind the reality, of corruption, fraud, tax evasion, bribery, brown envelopes and-or political favours is detrimental to institutions, organisations and individuals. Prosecutors have powerful reasons to target white collar criminals. In addition to the loss of public confidence, white collar crime also causes huge financial losses to the state and local government, private organisations and individuals.
Internationally, the severity of the white collar crime problem has been acknowledged as one of the most serious problems confronting law enforcement authorities. In the United States, one sees people who are white collar criminals led out in handcuffs. Bernie Madoff ran a ponzi scheme and within 12 months was sentenced to 150 years imprisonment. On 10 December 2008, Madoff’s sons told authorities that their father had confessed to them that the asset management unit of his firm was a massive ponzi scheme and quoted him as describing it as “one big lie”. The next day, FBI agents arrested Madoff and charged him with one count of securities fraud.
The US Securities and Exchange Commission had previously conducted investigations into Madoff’s business practices but did not uncover the massive fraud. On 29 June 2009, Madoff was sentenced before a court of law to the maximum sentence of 150 years in federal prison. In just over six months, charges had been brought, the case had been built and the trial was complete. Naturally, the particulars of that case do not apply across the board but the point remains valid. People want to see the same apply in this State.
[664]While at all times protecting the most fundamental tenet of our system, the presumption of innocence, with the right focus, application and determination, the same regime can apply here. Prompt action against perpetrators of white collar crime is of the utmost importance if public confidence is to be restored and maintained. It has tarnished the name of this House and sullied the position of public representatives right across this State. For many years — for as long as I remember — rumours and allegations and an obvious absence of political will to challenge corrupt behaviour have plagued big business and politics in Ireland. I hope that after recent revelations arising out of various tribunal reports, a watershed has been reached in the State’s attitude to these crimes.
There has long been in Ireland a perception that there is one set of rules for the ordinary working people and another set for the banking, business and political class. It is difficult to disagree when Government after Government follows an economic strategy which seems to reinforce that position. Ordinary working families can be left to struggle to pay household bills and mortgages and be faced with the possibility of losing their home while the architects of the single greatest financial crisis in the history of this State walk away scot free. Not only do they walk away scot free but to add insult to injury, in many cases, they walk away with golden handshakes, handsome pensions and all the trappings of grandeur. This cannot continue.
This Bill can play some role in ensuring that those who have broken the law can be prosecuted. However, I stress that on its own, the enactment of this Bill will not be enough. It must form part of a complete and holistic approach to the complex issue of white collar crime. We will need to provide answers to some of the following questions. Will gardaí who will have strengthened investigative powers, as granted by this Bill, have the manpower and expertise to bring cases and convictions? The Association of Garda Sergeants and Inspectors publicly expressed concerns in this regard at its recent conference. Will people suspected of white collar crimes continue to flout the law, at least the spirit of the law, by transferring assets to spouses, family and others in an attempt to protect their wealth? It is an insult to the people of this State to see bankers on Monday own a mansion, a Mercedes and have millions in cash and other assets tucked away but on Tuesday say, “No it’s my wife’s house, my son’s car and I’m living on a subsistence allowance of €150 per week”. The hand of the Garda must be appropriately strengthened in this regard.
Similarly, as a matter of some urgency, we must see before this House, the much awaited whistleblower legislation. So often in the past the focus shifts to those who made the allegations and not to the substance of the allegations themselves. As a consequence, incidents of white collar crime went unchallenged and repeated themselves in different ways for decades. Complicit in this was an historical reluctance of potential whistleblowers to come forward.
This was complemented by traditional fear, a corrosive culture of secrecy which has dominated every aspect of Irish life. The same moral equivocation responsible for political corruption was widespread and contributory in the banking crisis. This scenario must change if this Bill is to have the desired impact.
We need to create a culture where wrongdoing is not accepted, where those who speak out against it are protected and where the absolute deference shown to senior professionals is challenged. We have seen in high profile cases, for example, in the health service, where individuals who speak out can empower so many.
Now, more than ever, we must challenge the mindset that inhibits reflection and assessment of why wrongdoing has occurred in the first place. Public life has been paralysed by the refusal to acknowledge as much publicly. A society can only learn from its mistakes when it acknowledges that mistakes have been made. If we are serious about addressing systemic failures, a [665]priority must be the introduction of comprehensive legislative protection for whistleblowers. Given the complexity of white collar crimes, a corruption immunity or leniency programme for certain witnesses, who are also accomplices to offences, will be a necessary part of this.
In regard to section 19, which deals with withholding information, and in addition to the lack of protection for whistleblowers, there is also a number of defences which may be raised to a charge of withholding information which will limit its effect. In the first instance, this duty applies to witnesses only and not to suspects, because of the right to self-incrimination. It is also likely that certain relationships, such as that of client and solicitor, will be exempt from this duty because of legal professional privilege and where other confidential professional relationships exist. This aspect of the Bill is a cause for concern and warrants further discussion as it progresses through the House.
I commend the Minister on his work in bringing the Bill before the House in a timely manner.
Deputy Michael Colreavy: I welcome the opportunity to speak on an issue of great importance at a time our country is in such a difficult situation. Overall I welcome the Bill in the sense that it seems likely to encourage people to do the right thing and to discourage them from doing the wrong thing. I am a strong advocate of making it easy for people to do the right thing. Our country has been plagued by rumours of backhanders, brown envelopes and political favours. We are all agreed that the era of political favours, asking and giving, must be put to an end. Politics can no longer be conducted in that way. This Bill is a welcome attempt to deal with those types of crime. However, we must be sure it goes far enough to stamp out such practices. We must ensure the failures of the past are never allowed to recur.
Legislative measures must be ramped up in order to stamp out white collar crime. The Government must go that bit further. Specifically, we need a commitment to introduce legislation relating to whistleblowers. That should have been brought forward at the same time as, or perhaps even before, this Bill. There is an urgent need for protection for workers who come forward to report corporate misconduct. By introducing such legislation the number of white collar crime prosecutions will rise, which will send a clear signal that it is no longer acceptable. That needs to be done now.
I welcome the announcement of the Minister with responsibility for public expenditure and reform, Deputy Howlin, last Thursday that such legislation will be put in place by the end of the year. Speaking at the launch of Transparency International’s Speak Up helpline he said:
I look forward to holding the Government to account on this promise. Like my colleague, Deputy Jonathan O’Brien, I call on the Government to implement a timetable of preventative measures in respect of white collar crime. The Government must introduce liability for corruption offences, corruption immunity or a leniency programme for certain witnesses who are also accomplices to offences, and comprehensive corporate liability. Companies investigated for white collar crime must clearly show they have preventative anti-bribery mechanisms in place and this must be taken into account in assessing liability and sentencing.
The Government must offer a firm commitment that there will be adequate resourcing for the Garda and regulatory agencies in order to investigate and detect offences. However, this has been put into question by recent statements from the Association of Garda Sergeants and Inspectors that there are insufficient officers in the Garda Bureau of Fraud Investigation to tackle white collar crime. In addition, there should be clear sentencing guidelines for the [666]Judiciary in regard to corruption-related offences. We should not have a situation where thieves in tracksuits go to prison while those in suits go home unpunished. Sinn Féin has called for the use of socio-economic victim impact statements and relevant expert analysis in courts.
The concept of what is illegal is different from the concept of what is wrong, and these need to be brought closer together. I listened with great interest to Deputy Peter Mathews who, as usual, made a well balanced contribution to the debate on this legislation two weeks ago in pointing out that what the public universally views as being wrong is not necessarily an offence in law. That puzzles and disturbs many people. For example, the public cannot understand why a financial institution can apparently transfer on a short-term, almost overnight, basis, either €78 million or €87 million — the figures are nearly immaterial at this stage — to another institution in order to mislead the public into thinking that the second host institution is in a stronger financial position than it actually is. The public is puzzled by this and the public would say — and I agree — that those who colluded in the transfer of that money, those who colluded in the receipt of the money, and the auditors who signed off the books for both institutions did the taxpayers of this country and this economy a grievous wrong. That action should have been unquestionably illegal. Yet, as I understand it, some of those people are currently receiving public funds for their work with the National Asset Management Agency. Is it any wonder the public needs reassurance that the Government is taking seriously the corruption of white collar crime?
The public needs to see that when wrong is done and when taxpayers’ money is plundered or abused in such a way that there is a clear legal recourse for Government. Unfortunately, this Bill does not introduce the clarity that is needed in this regard and which is required without delay. Only the people can hold their leaders to account but they are generally ill equipped to do so. Instead they depend on regulatory agencies, the Department of Justice and Equality, the Garda and so on to do it for them. We must ensure the people are part of the fight against white collar crime. Our first step in that regard is to ensure there is a closer alignment in law of what is wrong and what is illegal.
An Ceann Comhairle: The Deputy has two minutes remaining.
Deputy Michael Colreavy: I am not sure what else to say.
Deputy Alan Shatter: The Deputy has done very well so far.
Deputy Michael Colreavy: I could give the Minister the introduction as Gaeilge.
Deputy Alan Shatter: That is not necessary.
An Ceann Comhairle: I call Deputy Seán Kenny. The Deputy is sharing time with Deputies Dara Murphy, Brendan Griffin and Peter Fitzpatrick.
Deputy Seán Kenny: I welcome the introduction of legislation to increase prosecutions in respect of white collar crime. This is a very serious type of crime that, as this House knows only too well, has caused the most serious damage to the nation economically, socially and morally.
This Bill is radical in that it provides for the 24-hour period of detention by gardaí for serious offences to be broken up into segments. As I understand it, under the existing criminal law where arrests and detention of suspects is concerned, there is provision for a break from questioning from midnight to 8 a.m. The new Bill allows for temporary release under the 24-hour period that will see the detained suspect released for the purposes of assisting an investigation before being recalled to detention or officially released, as appropriate. This provision is [667]included in order to give investigators the ability to check and reference facts and examine documents, which is an area in which past investigations into while collar crimes have been hindered.
I welcome that provision, as well as new powers given to the Garda that allow it to apply to the District Court to obtain an order to compel individuals or corporate entities to produce documents or make statements related to a specific investigation. Measures in the Bill prevent delays arising from a refusal to disclose a document on the basis of legal privilege by permitting investigators to have recourse, again to the District Court, to determine whether the claim of privilege is justified. This will help such instances ending in a stalemate. These are all positive measures that I welcome.
The Minister has stated that, once enacted, the legislation can be availed of to assist investigations currently under way as well as future investigations. This is very important because there was a belief that some people would escape its provisions. This is to be welcomed, as it means current investigations of public concern can benefit from the new legislation and not be exempt from it.
On the subject of investigations, the Minister should consider the substantial strengthening of the Office of Director of Corporate Enforcement. More staff for this office is required to investigate the crimes and misdemeanours of those involved in white collar crime. He should make no mistake — the electorate expects this and rightfully so. It would be remiss of this Dáil not to take action. The recent general election marked a change in the mindset of the Irish electorate. Fianna Fáil failed to convince the people that what they did was right and in the people’s interests. Being disingenuous with a sincere face will not work in Ireland for a long time to come. The Irish people will now turn rapidly against a political force if there is any suspicion that it is not working in the interests of the people and the community. This is why we must take action to investigate white collar crime.
I suggest the Minister considers an aspect of the Companies Acts to add further weight to a good item of legislation. Individuals involved in white collar crime, even if the offence is withholding of information and not more serious, are not individuals that this society wants to see involved in Irish business life. Sections 150 and 160 of the Companies Act 1990 allow for the restriction or disqualification of directors who breach the Companies Acts. Will the Minister consider extending these two sections to this Bill? This would add weight to the legislation. Indeed, section 160 of the Companies Act 1990 reads in such a way that it may already apply:
I ask the Minister to consider this as an amendment.
Deputy Dara Murphy: I thank the Ceann Comhairle for the opportunity to speak on this important Bill. Anyone who canvassed in the recent general election will testify that there is no doubt the Irish people are frustrated with how white collar crime is dealt with in Ireland. In many cases, this perception is justified. The publication of this Bill, after such a short period in government, is a testament to the commitment of this partnership Government to effecting real change for our country. I compliment the Minister on bringing it forward so quickly.
It is a travesty that the last Government did not enact even some sections of this legislation sooner. The stance of Fianna Fáil, none of whose Members is in the Chamber, is cynical, hypocritical and self-serving. These were terms I used two weeks ago when I spoke on the [668]Fianna Fáil Bill on political donations. The Fianna Fáil strategy is either to plagiarise the current programme for Government or to claim it was pending legislation from the last coalition or the last 14 years in government. Once again, Fianna Fáil is claiming this ideology as its own.
Many areas were neglected by the past Government. Sadly, it was its lack of accountability, the absence of oversight and a poor understanding of the banking and financial industries that caused much of Ireland’s most recent pain. These were combined with sins of omission and ignorance and sins regarding compliance. The relationship between senior members of the last Fianna Fáil Government and senior financial and business personnel has long been a concern in Ireland. The excuse is often given that questions on issues arising or suggested impropriety in the financial sector were matters for the Garda Síochána and, by extension, the DPP and the Judiciary. For too long, politicians have abdicated responsibility due to the separation of powers. There is a dual responsibility and the obligation of this House and its elected Members is to legislate. We must provide our legal authorities, the Garda Síochána, prosecutors and the Judiciary with the tools to investigate, prosecute and convict. The best friend of anyone seeking to avoid justice is the absence of good legislation. This Bill will send a clear message that the 31st Dáil is no friend to white collar crime and white collar criminals.
The Government wants to reform and address certain areas quickly. Mr. Justice Peter Kelly’s frustration at the pace of investigation are concerns we all share. The programme for Government commits that rogue bankers and all those who misappropriate funds are pursued and the full power of the law is applied to them. The purpose of this Bill is to amend the criminal law and to improve certain procedural matters. It will increase the investigative powers of the Garda Síochána and reduce the delays associated with the investigation and prosecution of complex crime, particularly white collar crime. The proposals in this Bill are based on the experiences of those involved in prosecutions and investigations. In particular, they are based on the experiences of those involved in current investigations. The importance of the Bill rests in ensuring the new powers and procedures herein provided will speed up future and, most crucially, current investigations.
A broad range of offences will be specified by ministerial order. However, the Minister must consult with another Minister before making such an order. These provisions will allow the Garda Síochána to follow-up information obtained during questioning and conduct further investigations during the period of suspension. The period of detention can be broken up but the person may have it suspended on no more than two occasions.
Recent history has shown us that investigations can be hampered and damaged by the reluctance of some potential witnesses to make statements or provide information to investigators or the Garda Síochána. The Bill provides a welcome mechanism whereby an application can be imposed on individuals, companies and all witnesses to provide information, answer questions and make statements in respect of investigations into relevant offences. I commend the Bill to the House.
Deputy Brendan Griffin: Táim fíor bhuíoch as ucht an seans labhairt ar an ábhar an-tábhachtach seo. The publication of the Criminal Justice Bill 2011, after about two months in office, epitomises the attitude of the new Government towards those who participate and assist white collar crime in this State. One of the major commitments in the programme for Government is to tackle white collar crime and by publishing the Criminal Justice Bill 2011 the Minister is leading the way in this battle. He deserves great credit for the swiftness with which he has acted on this matter. Garda investigative powers will be strengthened by this legislation and this will assist in delivering swifter justice in the area of white collar crime.
[669]This legislation will clarify two issues relating to the investigation of crime generally, regarding the right of suspects in Garda custody to access legal advice prior to questioning, and the circumstances in which questioning may be conducted between the hours of midnight and 8 a.m. I welcome the inclusion in the Bill of provisions to suspend periods of detention of a person being detained in respect of a relevant offence. This is a very practical provision and will remove some impairment from the job of investigators.
Section 15 is one of the most important sections of the Bill. It provides a mechanism whereby an obligation can be imposed on witnesses, including companies, to provide information, answer questions and make statements in investigations into relevant offences. A District Court judge would be empowered to order the making available of particular documents or theprovision of particular information, order the identification and categorisation of documents, require Garda access to places where the documents are held and require access to passwords be provided. This is a crucial provision.
Section 16 contains another practical provision aimed at reducing delays associated with claims of legal privilege on documents. New offences of concealing facts disclosed by documents and of withholding information also give the Bill real teeth. During the course of the recent general election campaign, one issue that came up at many doors throughout the Kerry South constituency, and I understand from my colleagues throughout the 43 constituencies, was that of rogue bankers and those who misappropriate or embezzle funds. The people of this republic need to know that such people would be punished for their crimes and that they are not outside the law. Nobody should be untouchable.
I am confident that the provisions of the Bill will help deliver this desire for the people of this country. The Bill is a very welcome step towards zero tolerance of white collar crime, and it is a great pity that this legislation was not published long before now. I reiterate my congratulations to the Minister, Deputy Shatter, on his efforts on the Bill and I will be glad to support its passage through this House.
Deputy Peter Fitzpatrick: Scanning any local weekly newspaper, one can see a list of prosecutions for various offences. If an ordinary person breaks the law, he or she will most likely be prosecuted for the offence. However, white collar crime is an entirely different matter and sophisticated criminals generally making significant gains from crime are often not brought to justice. White collar crime gives rise to enormous discontent in the minds of ordinary citizens. How often do we hear somebody complaining about being punished for having no light on a bike but that the well-off get away with everything? That is a common perception that brings the law into disrepute, with the majority of citizens being disturbed by it.
Law-abiding citizens believe that people in important jobs often seem to be above the law and the collapse of our banks highlights this perception in a big way. Ordinary people were horrified when the banks were suddenly found to be bankrupt and they instinctively knew that bad things had happened. Nevertheless, they expected those responsible would be forced to answer for their activities, which had incredible consequences for the well-being of families and friends. People believed that the key players in the Government and in regulation, as well as the executive and boards of stricken banks, should take responsibility for the debacles.
There was an enormous financial disaster and the people expected the law to deal with it on their behalf, with those responsible singled out and punished. That did not happen and as a result, there was a crisis of confidence in our criminal justice system, with the assertion that some people are above the law being reinforced. There is major work in repairing the damage to people’s confidence in the criminal justice system.
[670]This legislation is a step in the right direction. I congratulate the Minister for Justice and Equality, Deputy Alan Shatter, for moving quickly to improve the ability of the Garda to investigate white collar crime. The length of time spent investigating possible criminal activity in Anglo Irish Bank is an embarrassment, and the Director of Public Prosecutions has stated that lack of manpower is not the cause of unwanted delays and other factors are at play. The Minister has identified many of the problems which are preventing timely completion of this kind of investigation. This type of criminal activity is very difficult to unravel and the use of encrypted files and other methods of evasion used by persons who are educated in digital technology makes it very difficult to detect sophisticated accounting scams and other fraudulent activities. Those being investigated would naturally do everything possible to frustrate the efforts of the Garda.
Section 9 will allow the detention clock to be stopped for a maximum of three hours while a suspect waits to consult with a solicitor either in person or over the telephone. The clock may be stopped for a period of six hours when a suspect is in a Garda station between midnight and 8 a.m. This will allow the Garda to make maximum use of the detention period.
Section 15 gives the Garda the power to apply to the District Court for an order to compel a person to answer questions, provide statements and produce documents. This section also provides for the District Court to order access for the Garda to specified places for the purpose of obtaining documents and to provide access to passwords where documents are electronically stored. Suspects who fail to comply with a District Court order or who provide false or misleading information will be punished by the imposition of a fine, imprisonment up to two years or both. The section also contains a power relating to the method of presentation of documents as evidence.
Section 19 provides for a maximum of five years imprisonment or fine if a person is found guilty of withholding information relating to certain offences. The legislation will greatly assist the Garda in very difficult circumstances when trying to unravel sophisticated crime and I am happy to support it.
Speaking at the Irish Criminal Bar Association conference on white collar crime in March this year, the Minister stated his intention to ensure that our republic treats all citizens equally both when they abide by the law and breach it, and he argued that we must end the widespread perception of impunity. This Bill is an indication that the Minister means business.
The Minister must now move swiftly to bring the proposed whistleblower Bill before the House to further improve the prevention and detection of white collar crime. I hope that confidence in the system of criminal justice can now be restored and that the questions from the public on the failure of banks can be answered.
Is a Minister above the law in his duties? The same question arises with regard to the Government and board of the Central Bank and financial regulators. Many citizens believe these office holders cannot be investigated and prosecuted in the same way as other citizens. Some 450,000 people are now out of work——
Acting Chairman (Deputy Michael McCarthy): The Deputy’s time is up.
Deputy Peter Fitzpatrick: ——largely because of the questionable activities and negligence of powerful individuals. People are not baying for blood any more.
Acting Chairman (Deputy Michael McCarthy): The Deputy’s time is concluded. I cannot allow him to continue.
[671]Deputy Peter Fitzpatrick: I hope the Minister will address these questions and seek to clarify the position for our people.
Deputy Maureen O’Sullivan: I wish to share time with Deputies Healy, Wallace, Ross and Tom Fleming. I find the term “white collar crime” rather strange because in the psychology of colour, white is associated with innocence and goodness. It is strange to see “white” and “crime” in the same sentence. However, the amount of damage done to this country in the name of such crime is immense.
The question must be asked as to whether there is a need for this legislation or whether there is already enough to pursue those in the wrong. If we have the enforcement measures to deal with this type of crime, they are not being used to their full potential. It is a serious issue if legislation exists but it has not been used to go after those who caused irreparable damage to this country. That would be disgraceful.
There is a real perception in the country that those who were reckless in banking, finance, investment and business have gone unpunished while our prisons are full with those who have committed far lesser crimes. There is no doubt that there is a loss of faith in our criminal justice system, with the perception that those with money can get away scot free or relatively scot free. This will be compounded if it is proven, as some in the legal profession say, that there was enough in the Central Bank and Financial Services Authority Acts of 2003 and 2004 to use against those in the wrong.
The faith of the public will not be restored in the legal system if those who have done wrong continue to be seen to go unpunished and are left with their lavish lifestyles, multiple properties in a variety of names and offshore accounts. The issue of morality also arises in that they are not taking responsibility for their wrongdoing. The slow pace of the current investigations into the banking and financial wrongdoing is not helping to restore faith in the criminal justice system. It is accepted that white collar crime is often complex and involves large amounts of data, and the questioning and checking of facts cannot be completed as quickly as is the case for other crimes. It is hoped, therefore, that breaking the period of questioning into segments will facilitate investigations.
I note the sections of the Bill which give the Garda power to apply to the District Court for orders to compel witnesses to produce documents and provide passwords where the information is held on a computer. It is important, however, that investigating gardaí know what they are looking for. Will they be given the necessary training in accessing and categorising documents? The proposals in this regard have to work in practice as well as sounding good on paper. If Garda special units are not trained in the skills needed to deal with complex documents and analyse figures and accounts, the Bill will have little or no impact.
Section 19 provides for a new offence relating to the failure to report information to the Garda. Certain people have been reluctant to make statements assisting the Garda because we do not tell tales in this country. We need more telling of tales by people who are aware that wrongdoing has occurred, whether fraud, money laundering, theft, bribery or corruption. In the interest of justice, when people have the moral conviction to expose wrongdoing they have to be supported and protected if they fear repercussion. Legislation on protecting whistleblowers is needed and I note the call by Transparency International Ireland to adopt a generic whistleblower protection law which would cover whistleblowers in the public, private and non-profit sectors. In the absence of such protection, the existing provisions on whistleblower protection should be extended as an interim measure.
Anglo Irish Bank is unreasonably prolonging an investigation by claiming legal privilege, perhaps in the hope that the longer it is dragged out the less likely it is that it will lead to a significant resolution. It is hoped that the Bill will quicken the determination of privilege.
[672]I will conclude with a practical point regarding original legal documents. I understand that if documents are signed and dated in blue ink they are more difficult to copy. Advantage could perhaps be taken of that potential in financial situations.
Deputy Seamus Healy: I welcome the opportunity to speak on this legislation. There is one law for the rich and another for the poor. For as long as I can remember that has been a fact as well as a perception. A poor person will be put behind bars for shoplifting to feed his or her family, whereas someone who does away with €1 million or €1 billion can look forward to escaping justice and enjoying a comfortable lifestyle either in Ireland or abroad in the UK, Europe or America.
I hope the Bill before us changes that situation and I welcome it for that reason. It has been a long time coming and it is not before its time. It is vital that we provide all the resources required to ensure the Bill is enacted and that the golden circle of bankers, politicians and business leaders who have brought this country and their professions into disrepute are brought to book. Specialist staff and training will be needed and financial and technical resources will have to be provided. Above all, the political will to implement and support the legislation will be vital. These resources will be necessary if the provisions of the Bill are not to end up as window dressing.
As other speakers have noted, there is an urgent need to introduce legislation to cover whistleblowers in the public service, private businesses and non-governmental organisations.
Deputy Mick Wallace: Dealing with white collar crime is an important initiative and the Government will impress if it is serious in dealing with this issue. There is no doubt that our mindset in this area needs to change.
The Irish Criminal Bar Association conference on white collar crime highlighted the range of legislative and regulatory measures already in place. Speakers at the conference maintained that the problem lies not so much in the inadequacy of legislation or regulatory schemes but in the lack of enforcement and resources. Will the Government make the necessary investment in resources and will it follow up with punishment to fit the crimes? State authorities must be funded because, God knows, the guys they will pursue are well resourced. The Garda has indicated that the bureau of fraud investigation is stretched to the limit and the Director of Corporate Enforcement is understaffed. If we are serious about this issue, we will have to provide the necessary resources.
White collar crime may not involve physical violence but it involves violence of another kind. Decisions made by high financiers often lead to severe hardships for thousands of people. Last night I watched a documentary by Mr. Adam Curtis which examined the Asian crisis of the late 1990s. It was amazing to compare that crisis with our current situation. Mr. Curtis demonstrated how the less well off in Thailand, Indonesia and South Korea were made to pay so that investors got their money back. We could be forgiven for being reminded of the events unfolding here.
As the Bill applies to consumer protection offences, it is relevant to raise the issue of home repossession. Since the advent of the downturn, more than 600 residences have been repossessed. It is possible that the rights of consumers, in terms of homeowners in mortgage arrears, have been violated by financial institutions applying to the courts for repossession orders. I thank Ms Golda Hession of the Library and Research Service for research on this matter. The legal advocacy group, New Beginning, is waiting for a decision from the High Court on the legality of house repossessions that were enforced on the basis of legislation that is no longer on the statute book. Section 62 of the Registration of Title Act 1964 was repealed by the Land [673]and Conveyancing Law Reform Act 2009 but lenders continue to use this section to apply to the courts for repossession orders.
There is need for clarification on whether it is legal for financial institutions to use this section regarding claims made after 2009 in respect of mortgages created before 2009. Consumer protection offences certainly fall under the category of white collar crime.
Deputy Shane Ross: I congratulate the Minister on his swift decision to introduce long overdue legislation in this area. It is refreshing that even though this legislation is unnecessarily inadequate in its scope because the Minister has just taken up his position, it is welcome that he is attacking this problem. I temper that by pointing to areas which it does not but should address and which I would like him to address in his reply.
The first is insider dealing on the Stock Exchange. I was a Member in 1991 when legislation to tackle insider trading was introduced in the Seanad. Insider dealing on the Stock Exchange was recognised as a major problem. I was a member of the Stock Exchange at the time and a bad joke used to go around that there was no problem with insider dealing on the stock market because it was all insider dealing. That was true to some extent. It is difficult in Ireland because of the incestuous nature of the financial sector to stop any of that activity but once the legislation was introduced, people realised this was not a victimless crime. It was one we felt the necessity to legislate for because such activities were going on.
The problem now is there has not been a single conviction for insider dealing under that legislation, which has been on the Statute Book for 17 or 18 years. It is extraordinary that there has only been one prosecution and no conviction. It tells us that either nobody is engaged in this activity, which nobody believes, or the weapons or evidence to prove it is going on are not available. That says a great deal about the incestuous nature of the financial sector in Ireland.
Everybody will be familiar with the DIRT debacle, which the Committee of Public Accounts played such a great role in exposing. At the end of that episode, it was acknowledged that tax evasion was rife and almost endemic in society. Those who were accused of tax evasion by the DIRT inquiry were rightly prosecuted, shamed and fined because they had broken the law, but nothing happened to the bankers and financial institutions that had encouraged them to do so. AIB was fined £30 million and no individual in the financial services sector was fined, yet it was acknowledged by the DIRT inquiry and everybody else that the bankers and individuals in branches were responsible. However, the banks’ small shareholders paid the price because the banks were fined but the bankers were not. White collar crime in this instance went absolutely unpunished while the individuals who should have been punished were not. It was an unequal and unfair world.
Deputy Healy eloquently raised the issue of whistleblower legislation. Will the Minister consider introducing a system of community service for white collar crime?
Deputy Tom Fleming: I welcome this Bill to amend criminal law to expedite all investigative stages and lead to eventual prosecution in a prompt manner. We have experienced a wave of white collar crime in recent years and, due to the dismissive attitude to enforcing existing regulations — many who have transgressed have the wealth and the wherewithal to access top legal advice — many cases do not even make it to the steps of the courthouse. Even when there was ample evidence that the law has been seriously breached, light touch regulation, especially in the banking sector, was evident in the lead up to the banking crisis of 2008. Hopefully, the legislation will address weaknesses or loopholes in existing law. There should be more interaction, co-operation and liaison between the Revenue Commissioners and the Garda as part of this exercise. This should progress many prosecutions in a speedy manner.
[674]In the context of the banking collapse, the Director of Public Prosecutions openly admitted recently in the High Court that nothing had been finalised in taking prosecutions and he also sought a six-month extension, which was refused by Mr. Justice Peter Kelly who rightly strongly criticised the farcical process so far. The DPP responded that it was not the judge’s function to comment on how he should prosecute cases. The Irish Examiner reported that Mr. Justice Kelly:
He subsequently refused the application for a six-month extension and only granted an extension to 28 July.
To describe such crime as white collar is a misnomer. Nobody should be categorised on the basis of the colour of their collars. These crimes are committed by professional plutocrats. I commend the Minister for introducing the legislation in a timely fashion and, hopefully, it will lead to greater things.
Deputy Jim Daly: I wish to share time with Deputies Joe Carey, Jerry Buttimer, Ann Phelan and Dominic Hannigan.
Ba mhaith liom mo bhuíochas a gabháil don gCeann Comhairle as ucht an deis labhartha ar an ábhar tabhachtach seo. Is ábhar tabhachtach é agus níl dabht ar bith ach go bhfuil suim faoi leith ag alán daoine i gcursaí atáá phlé againn anseo inniu.
As a newly elected Deputy, it is heartening that the Bill has been introduced, as it addresses a pressing issue for many of my constituents who are anxious that white collar crime be addressed by their Government. I compliment the Minister on the priority he has afforded this topic. The fact that he has brought the legislation before the House in the first 60 days of the Government is testament to the importance he attaches to the subject. This is an example of a proactive Parliament which is relevant and in tune with the wishes of the citizens. I, along with Members and many other candidates, encountered an electorate in the challenging recent election who were exceptionally interested and keen to engage with us as we canvassed on the doorsteps.
This reform is long overdue and has been brought about by the people themselves. Principal among the emotions expressed by the people I canvassed in west Cork were anger and frustration. They are obviously hurting and many are in severe financial distress. Irrespective of the people’s financial disposition and background, one common thread permeated all those who engaged me on the doorsteps and that was a desire to see justice being done in regard to those responsible for the financial crisis that has ruined our country. In such matters it is vital that not only must justice be done, but it must also be seen to be done. Nothing less will appease the genuine good and God fearing citizens of the State.
Responsibility is not transient by nature. It does not come and go but remains constant. The people who perpetrated financial crimes that led to or exacerbated the financial crisis that has ruined our economy are as guilty today as they were at any point during the past decade. As a Parliament, at the very least we owe it to the citizens of this country to introduce the measures proposed in the Bill to deal with white collar crime head-on.
[675]A particular source of annoyance to the electorate I represent in Cork South-West, as does the Acting Chairman, Deputy Michael McCarthy, is how poorly we fare when comparisons are drawn between this State and the UK or the United States when it comes to dealing with white collar crime. From a cursory glance at headlines both in the UK and in the United States in recent years, it is clear that those countries are very well advanced when it comes to prosecuting white collar criminals. That only serves to further increase the annoyance and irritation felt by Irish citizens whose patience has run out with the failure of the State to deal with such matters.
It is clear from the reading of this Bill that there are several complex and difficult aspects to introducing this legislation particularly where it relates to white collar crime. I wish the Minister and the House every success in the passage of the Bill.
Deputy Jerry Buttimer: In the midst of economic turmoil, which at the very least jeopardises the sovereignty of the country and forces our citizens to work for many years to repay the losses caused by corporate greed, it is timely and opportune that the Minister should lay the Bill before the House. I commend him on that.
In recent years we have relayed tales of events which one would expect from a financial system which was unregulated and without any element of a social conscience, a system in which suspicious activities have been carried out by some of those in charge of financial institutions. In order to recover from the predicament not only must our economic situation be rectified but also those who are suspected of having partaken in criminal activities which have brought this peril upon the country must in the first instance at the very least be fully investigated. There must be accountability.
I welcome the Minister’s bravery and courage in proposing the legislation which provides for increased investigative powers. As Deputy Jim Daly indicated, many of our constituents have a view that those at the head of financial institutions are immune from prosecution. They see them fleeing the country to escape the consequences of their actions. They see them reaping bonuses from plundering the future of our children at a time when those same financial institutions pursue through the courts ordinary citizens who because they are now unemployed are struggling to pay their debts. It is wrong that the banks in particular are pursuing people. It is immoral and it must stop. Those at the head of our banking institutions who brought this economic peril upon our citizens must be held to account. There can be no ambiguity or obfuscation. There must be justice on behalf of the ordinary citizen. One of our duties as public representatives is to ensure that the State’s legal procedures and processes are just and equitable. Those processes do not appear to be either fair, equitable or just to the ordinary citizen and to many in this House.
In proposing the Bill the Minister is again fulfilling a commitment in the programme for Government to ensure that white collar criminals are held to account and to restore the faith of the people in an equitable system of justice. The Bill is timely, welcome and important. A white collar criminal is just like any other criminal and should be dealt with in the same way and with the same degree of efficiency. Just because physical force or violence is not used does not mean that people are not injured. They are injured. The white collar criminal is categorised by deceit and concealment. Such criminals perpetrate a breach of trust to gain personal or commercial advantage at the expense of those whom they exploit and also in the manner in which they exploit wider society.
The proposed legislation will help to make the investigation of white collar crime more efficient and effective. I hope its presence on the Statute Book will go a long way towards preventing a recurrence of the actions of bank executives in the main of which unfortunately we are now aware. It would be wrong to highlight just bank executives but given the current climate it is important that we refer to them. We note the words of the DPP and the Master [676]of the High Court. The ordinary citizen requires Government and those in charge of the criminal justice procedures to act on their behalf. Not to do so would be wrong and would be a breach of the trust they have been given on behalf of the State.
Deputy Joe Carey: It should not go unnoticed that the first significant piece of criminal justice legislation introduced by the Government concerns white collar crime. This legislation sends out a clear message, that white collar crime will no longer be tolerated in this country.
Let us make no mistake, people’s tolerance of white collar crime is wearing thin. There are wider implications for the Oireachtas if we do not deal with it in a fundamental manner. Having campaigned in opposition as a deputy spokesperson on justice with the Minister for Justice and Equality, Deputy Shatter, I am conscious that he is acutely aware of the insidious nature of white collar crime and the overall impact it is now beginning to have on the justice system. I welcome the legislation, but view it merely as a point at which to begin. In parallel with and in conjunction to this type of legislation, we must ensure that no operational impediments are placed in the way of those agencies charged with the investigation of those offences. The new Government’s approach to the problem of white collar crime is in sharp contrast to the dismissive approach of the former Taoiseach, Bertie Ahern, who at one stage said in reply to the Director of Corporate Enforcement’s request for additional staff to tackle the problem in 2006 that he could wait his turn.
It is vital that specific legislative initiatives on the protection of whistleblowers are introduced. I welcome the commitment in the programme for Government in that regard. There is currently little provision for the protection of those who expose offences under company law or in the provision of financial services. We must both encourage and protect whistleblowers. Recently, the Director of Public Prosecutions, and the ODCE as far back as 2007, called for legislation to protect whistleblowers in cases of alleged white collar crime. The act of exposing corruption and financial crime is never easy. It is a lonely place for the individual who tries to address wrongs. One runs the risk of ridicule and estrangement. The very least one would expect is an acknowledgement from and the support of the State through its legislation and attitude at the initial stages.
The ODCE, the fraud squad and other bodies are drowning in paperwork and are not helped by a most restrictive legal situation. The Bill goes some way towards redressing the imbalance. There appears to be different schools of opinion on our ability to fight white collar crime. At a recent conference hosted by the Irish Criminal Bar Association, some of the country’s leading prosecutors questioned the need for new laws. I refer in particular to Shane Murphy, SC.
That cloudy interpretation must be addressed by the Government. The Criminal Justice Bill must be just the beginning of a process in which it ultimately becomes clear and unambiguous that the State will not tolerate those who act with impunity in relation to white collar crime. There is no doubt that the complexities of financial crime create a high challenge for investigators and prosecutors. Wealthy individuals and clever legal representatives are well able to exploit the current situation. Today’s legislation is a step, but only that, in the right direction.
Deputy Eamonn Maloney: I congratulate the Minister on the Bill. Both he and the Bill have been the subject of criticism. I plead that the Minister would totally ignore that because those who have spoken in that regard who have been Members of the House for many years have never introduced a single paragraph of legislation to deal with the issue. No doubt the Minister wishes to leave a legacy. I hope he will be remembered as the first Minister to deal with white collar crime in this country.
[677]Like other Members I agree with the thesis that the problem is endemic. It always has been. I do not wish to say it is part of our culture but it is part of our bad habits. We are better at doing it than those who gave us our independence 90 years ago.
When people talk about white collar crime, I always think of the great American song-writer, Woody Guthrie, who wrote in one of his songs: “Some [men] will rob you with a six-gun, and some with a fountain pen”. We know from recent events in this small country that the men with the fountain pens have done a great deal more damage than those with six-guns. I do not have time for those with six-guns but I do wish to indicate the scale of the wrong done. It is estimated in the USA that for every $1 of social welfare fraud, there is $17 of white collar crime. I do not know the statistics here, but we may exceed that given some of the practices we have endured.
People from various sides have said they look forward to the day when those found guilty of white collar crime will be served with community service orders etc. I disagree, as I consider community service orders too good for people who have done the damage these people have done. There is no comparison between community service orders to gather litter from the streets for the architects of this downfall and community service orders for someone who has broken a shop window because of taking too much beer. That is not a fair analogy. There is a special place for those who have destroyed this economy and country.
In recent weeks we celebrated the visits of a Queen and a President to this country. The Minister will be next in line to be celebrated when people see on television people who have been involved in white collar crime being led into Mountjoy in handcuffs. We will then celebrate a Queen, a President and the Minister for Justice and Equality. I look forward to that and look forward to seeing on television those criminals in their white collars march into Mountjoy in handcuffs.
Deputy Alan Shatter: I hope the three of us do not feature in handcuffs.
Deputy Dominic Hannigan: I welcome the opportunity to speak on the Criminal Justice Bill, a Bill the Government promised to introduce within its first 100 days in office. It has done that and aims to ensure the Bill is passed before the summer recess. Both sides of the House should work together to achieve this.
I intend to focus on the elements of the Bill that relate to white collar crime. The Minister said in his speech that there will be no impunity for those who engage in white collar crime. We must communicate this message to the people as it is a message they want to hear. People are fed up with the criminal justice system and see it as not fit for purpose when it comes to jailing criminal bankers and developers. They see an inequality of treatment between themselves and the bankers who have broken the law and ask why they should bear the brunt of austerity measures when rogue individuals face no consequences. I know this from e-mails I have received, from letters I have read and from people I have met on the doorsteps in my constituency. People ask why they are living in negative equity in unfinished developments while developers get off scot free and are not to be seen.
Approximately 500 people were imprisoned last year for not paying their TV licence, dog licence or parking fines. People have been brought to court for only being able to pay partial instalments of money they owe and families are being forced out of their homes because they have fallen on hard times, not of their own making. They see this happening against the backdrop of developers with huge debts fleeing these shores. They see them dragging out legal cases and see lengthy delays in bringing these people before the courts. They see billions of euro of taxpayers’ money being sunk into banks time and again. These banks lent recklessly during the boom and created the hard times, but people see no justice when it comes to tackling [678]bankers. They saw bankers being brought into Garda stations for a day and saw the Garda go into a bank two years ago, but have seen no further development with regard to charging those bankers. All the people see are their wage packets being reduced as a result of the actions of these bankers. They see no justice at all.
During the general election, I was asked on the doorsteps again and again what we were going to do about this. I was asked whether we would pursue the bankers or let them escape. We stated clearly that we would tackle the issue and would make sure justice was seen to be done. It is right that we strengthen our laws. The people need to believe in their justice system. They need to know that it does not matter who one knows, how much one earns or where one lives, but that if people break the law, they will be pursued.
I welcome this Bill as it gives adequate and further powers where required. I look forward to seeing the Bill being implemented.
Deputy John Browne: I will share my time with Deputy Seamus Kirk. I welcome the Criminal Justice Bill, compliment the Minister on its early introduction and wish him well in his Ministry. It is not an easy Ministry, but I am sure the Minister will acquit himself well. I am sure the Minister will acknowledge the previous Minister, Dermot Ahern, undertook to implement this Bill before leaving Government and had prepared a text for the Bill and that many of his ideas are now part and parcel of this Bill. What is important is that the Bill is before the House and that it will deal with white collar crime once and for all. The public perception is that the people who commit white collar crime are treated far more leniently by the law than any other sector of society and people feel that a blind eye is turned to white collar crime and it is more or less ignored. White collar crime is as much a crime as all other crime.
During the recent general election campaign, issues such as the public sector pay cuts, the minimum wage and the universal social charge were raised on the doorsteps. However, a question asked on every doorstep was when people would see action against Anglo Irish Bank, bankers, regulators, legal eagles, accountants, mortgage brokers and politicians who, allegedly, were involved in the collapse of the banking system. The public is as mad as hell that high fliers from the banking world are to be seen swanning around Europe and American, holidaying in their villas and mansions, while no action has been seen to be taken against them. We all accept that the wheels of the law move slowly but surely the investigation should move forward with greater urgency.
We had a situation recently where both Mr. Justice Peter Kelly and Mr. Justice Frank Clarke commented on the pace of such investigations. I accept the Anglo Irish Bank investigation is probably the largest ever in the history of this country but with the manpower and modern technology available to our justice system, it should be possible to expedite the investigation and ensure that justice is done. The public will accept nothing less.
We all accept the complexities of white collar crime. People involved in such crime are usually the privileged. They are well off and can employ top accountants and legal eagles to represent them and delay procedures against them. Hopefully, this Bill will deal with the issues which have caused such annoyance for the public and we will see those who commit white collar crime brought before the courts more quickly and dealt with accordingly. People have often remarked to me that people who commit a petty crime, such as stealing a tube of toothpaste from Dunnes Stores, are brought to court within a month, but it takes months to deal with people allegedly involved in white collar crime. I am glad the Bill contains a number of provisions, which will be examined further below, and which are related to the following key areas: detention for questioning; the requirement to make a statement; documentary evidence; [679]legal privilege; and withholding information. In view of this it is laudable that the Bill is before us.
I wish to make a few points on detention for questioning. The existing law whereby a person may be detained for questioning by the Garda for a specified period will be amended to allow the period of detention to be broken into segments and the person released in the intervening periods. The Garda will be able to detain and question an individual for part of the period, release that person while the Garda makes further inquiries into what was said and then require the individual to return to the Garda station at a later stage for the continuation of his or her detention. Will there be adequate Garda manpower to carry out such detention for questioning? The extent of data and the complexity of recent investigations have shown that it is not always possible to complete questioning and check facts in one period of detention. A person recently asked me what safeguards the Bill will provide to ensure that a person will return and not abscond during his or her period of release and I ask the Minister to deal with that issue.
There has been reluctance for potential witnesses to make statements assisting the Garda in its current investigation. The Bill provides a mechanism whereby an obligation can be imposed on witnesses to provide information, answer questions and make statements on investigations into relevant offences. The Bill provides for applications to the District Court by the Garda Síochána for orders requiring the production of material or the provision of information, which is a welcome section and I hope it will deal with some of the problems that have arisen in this area in recent times.
During recent investigations, large numbers of documents have been provided to the Garda without any effort to index the material or to certify the material in a manner that would allow their admissibility in court as evidence without the need for witnesses to prove them. The sheer volume of documentation to be sifted has been a source of delay. Solicitors and barristers have often raised the issue of delays owing to large amounts of documentation. One will often see boxes upon boxes of documentary evidence being wheeled into the court. I welcome that the Bill provides that where the District Court orders the production of material under that section, it may order the person to identify and categorise the material in a particular manner. This provision should speed up the process and ensure that people do not use this as an excuse.
When the Garda proposes to seize large quantities of documents, access to documents can be severely delayed by claims of legal privilege. The Bill provides that where a person refuses to disclose a document to the Garda Síochána or to allow possession of it to be taken pursuant to a District Court order on the grounds that it is privileged legal material, an application may be made to the District Court for a determination as to whether the document is privileged legal material. While I welcome this provision, I hope that the courts will not allow ongoing delays in this area and we will not have further delays. The Minister stated that this procedure should help to avoid unnecessary delays in the resolution of claims of legal privilege. However, there can also often be delays in the District Court and I wonder whether this will happen or whether we will have ongoing legal points of law that may also hold things up.
I welcome the provision in the Bill on withholding information. The Bill provides that no questioning of a person detained may take place until such time as he or she has access to legal advice. While this is only correct, we would hope that there will not be unrealistic delays in this area. Up to now the Garda has adopted a reasonable approach to this and I am sure that will continue. I hope the access to legal advice will happen quickly and we will not have undue delays with people waiting for legal advice.
Overall I welcome the Bill. It is interesting that Mr. Justice Peter Kelly recently commented that an apparent failure to investigate thoroughly yet efficiently and quickly possible wrongdoing in the commercial and corporate sector did nothing to instil confidence in the criminal [680]justice system. Mr. Justice Kelly is rightly saying that we should ensure the legislation we have is properly implemented. When the Minister, Deputy Shatter, was on this side of the House he was very critical of ongoing delays. Mr. Justice Peter Kelly is also referring to what seem to be ongoing delays and when replying the Minister might outline whether there are ongoing delays, particularly in the investigation into Anglo Irish Bank and whether it can be speeded up in the interest of the public, which is very annoyed that such delays are occurring on a regular basis.
Deputy Seamus Kirk: I welcome the opportunity to make a few remarks on this legislation. We on this side of the House are very pleased that the new Government has decided quickly to bring forward Fianna Fáil’s plan to deal with white collar crime. On the basis that the Bill proposed by the Minister, Deputy Shatter, remains true to our own proposals, we look forward to supporting it and helping its speedy passage through the Oireachtas.
The term “white collar crime” is now so deeply embedded in our legal, moral and social vocabularies that it cannot be abandoned. The main purpose of the Bill is to facilitate more effective investigation of white collar crime and to reduce associated delay. First and foremost, the former Minister for Justice, Equality and Law Reform and my constituency colleague, Dermot Ahern, announced that the then Government had approved the drafting of a white collar criminal Bill. Resulting from this is the Bill before us today. The Criminal Justice Bill of the Minister, Deputy Shatter, mirrors all of the key elements that were outlined by Fianna Fáil. A more collective approach in looking at the problem of white collar crime is needed across all parties in the House.
There are a number of elements of this Bill which we support, including the provision for detention for questioning. The existing law whereby a person may be detained for questioning by the Garda for a specified period will be amended to allow the period of detention to be broken into segments and the person released in the intervening periods. The Garda will be able to detain and question an individual for part of the period, release that person while the Garda makes further inquiries into what was said and then require the individual to return to the Garda station at a later stage for the continuation of his or her detention. The extent of data and the complexity of recent investigations have shown that it is not always possible to complete questioning and check facts in one period of detention. This element will be essential in future cases, aiding and assisting in investigations.
During recent investigations, large numbers of documents have been provided to the Garda without any effort to index the material or to certify the material in a manner that would allow their admissibility in court as evidence without the need for witnesses to prove them. The sheer volume of documentation to be sifted has been a source of serious delay. The Bill provides that where the District Court orders the production of material under that section, it may order the person to identify and categorise the material in a particular layout or manner.
On the issue of withholding information, a person who has information which he or she knows or believes might be of material assistance in preventing the commission by another person of a particular offence or in securing the apprehension, prosecution or conviction of another person for such an offence, and who fails without reasonable excuse to disclose such information as soon as practicable to the Garda Síochána, will be guilty of an offence. The offence is punishable by a fine and imprisonment for up to five years or both. A similar offence is contained in section 9 of the Offences against the State (Amendment) Act 1998 but it is limited to certain serious offences.
The Bill provides that no questioning of a person detained under section 4 of the Criminal Justice Act 1984 may take place between the hours of midnight and 8 a.m. other than where the suspect objects to the suspension of questioning or the member in charge authorises ques[681]tioning on the grounds that a delay would involve a risk of injury to other persons; serious damage to property; loss of, or interference with, evidence; accomplices evading, etc. It will continue to be the case that the period during which questioning is suspended will be excluded from the calculation of the detention period.
I welcome the publication of the Bill. It will lead to more effective investigation of white collar crime and reduce associated delays. It has become increasingly clear that Bills on which Fianna Fáil has done the groundwork are appearing under the current Government. This needs to be recognised and identified as a core element of the work the previous Government did in various areas.
This Bill has deep-rooted similarities with a number of other Bills, including the Criminal Justice (Community Service) (Amendment) Bill 2011, published by the Minister for Justice and Law Reform during this Dáil session and which is pretty much identical to the Criminal Justice (Community Service) Bill published by the former Minister, Mr. Dermot Ahern, in January 2011.
We all welcome the current Minister’s initiative in bringing forward this legislation. It is urgent. All we have to do is examine newspapers of recent months and years to identify clearly the urgent need for the legislation. It is welcome and we support it. We wish the Minister well. This is the first opportunity I have had to congratulate him on his appointment. We knew each other in a previous incarnation. I am particularly pleased he has begun what is a heavy job of work in his Department. We wish him well in that Department.
Minister for Justice and Equality (Deputy Alan Shatter): I thank the Deputies on all sides of the House for contributing to this debate and for what could correctly be described as the broad support for the measure contained in the Bill. I listened with interest to Deputies Kirk and Calleary and others from Fianna Fáil. It is correct that the previous Government started some work on this measure but this work was by no means complete. The Bill was not in a position to be published when we took office. Very substantial additional work was undertaken on the legislation as a priority following the formation of the new Government. A contribution to that work was also made by the new Attorney General. Without the work that was undertaken and the prioritisation of the measure in a manner in which it had not been prioritised by the previous Government, the measure would not be before the House at this stage. Having said that, I appreciate greatly the support expressed for the Bill by all Deputies who spoke. I thank them for their generous comments and for their good wishes. As this Dáil proceeds into later weeks and months, perhaps the good wishes from the Opposition side of the House will not be quite as lavish but they are appreciated nevertheless.
I want to make one specific comment on this Bill. If I reiterate a point I made at the start of Second Stage, I apologise. The Bill is laying down a very serious marker that there will be no impunity for white collar criminals. There are individuals who have engaged in conduct that is the subject of Garda investigation and consideration by the Director of Public Prosecutions. If the latter is satisfied their conduct is unlawful, I hope criminal proceedings will be initiated. It is understood on all sides of the House that the Minister for Justice and Law Reform must be very careful as to how he expresses himself with regard to issues of criminality in the context of the investigative and prosecutorial processes and, more particularly, as to what may occur when individuals come before the courts. It is of the greatest importance that nothing be said that could in any way prejudice a prosecution or which could be relied upon by those who come before the courts to try to avoid being brought to justice.
It is worth saying there are some in our community who have engaged in criminality of a kind in respect of which the time has certainly come, if not passed, in which they should exchange the cufflinks for handcuffs. There is a great deal of frustration inside and outside this [682]House over the time it takes to investigate white collar crime. This Bill is designed to facilitate those investigations and to ensure that maximum co-operation is available to the Garda Síochána in the provision of information and documentation and with regard to the obtaining of preliminary court orders so as to advance the speed of investigations and render it more difficult for others to obstruct them.
It is my hope and expectation that this Bill will be of significant value in the investigation and prosecution of future white collar crime and that it will be of assistance with regard to current investigations. The Government, however, will not sit back and simply tick off white collar crime from its agenda once the Bill is enacted. It will continue to examine how the law can be made more effective to ensure white collar criminals cannot act with impunity. In that respect, it will keep the provisions of the Bill under continual review.
Let me turn to comments made by some Deputies. I hope those to whom I will not refer will forgive me if I do not deal in detail with each speech we heard in this House on the Bill. I want to lay down an additional marker by saying the contributions made by each Deputy, on every side of the House, have been listened to carefully and will be scrutinised carefully prior to the commencement of Committee Stage. In so far as there are good ideas coming forward that may improve the Bill, we are open to listening to them and taking them on board. I look forward to constructive exchanges in this regard on Committee Stage. I hope during the course of my response, which will be brief and conclude at 7 p.m., at which time I hope we will conclude Second Stage, to address some of the concerns and issues that have been raised.
Let me address specific points raised by Deputy Calleary. He asked that the various regulations to be made under the Bill be available for scrutiny by the House during its passage. That is not normal in this House and has not occurred in the past with regard to criminal law legislation, save in very exceptional circumstances. My priority is to have the Bill enacted as soon as possible. I do not want to delay its passage to await the drafting of regulations. Nevertheless, I assure the House that work is commencing on the regulations that will be required to bring the Bill into operation. I do not want any Member to believe that, by commencing that work, we are taking anything for granted with regard to the various Stages through which the Bill must pass, but it is wise that the process commence. The last thing I want is for many months to go by after the Bill’s enactment before it becomes operative.
Should any of the regulations we are working on become available during the passage of the Bill through the House, I will make them available, but I cannot guarantee it will be possible. Some of the regulations will be quite technical — for example, those relating to the giving of written notice to a person whose detention is being suspended.
Deputy Calleary expressed concern that my proposals in regard to the right of detained persons to have access to legal advice would not be used to delay questioning and frustrate the efforts of the Garda Síochána to obtain information. I share the Deputy’s concern and that is why my proposal to specify in legislation that the questioning of detained persons is, as a rule, to be delayed until such time as the person has had an opportunity to consult a solicitor is accompanied by a stop-the-clock provision and a regulation-making power. The stop-the-clock provision and the procedural steps to be set out in the regulations to assist the Garda in facilitating what is an important constitutional and European Court of Human Rights right, and to do so in a speedy manner, are intended to work together to ensure the purpose of the detention cannot be frustrated and the investigation of the offence concerned hindered in any way.
Deputy O’Brien queried the provision in the proposed new section 5B contained in paragraph (a) of section 9, which deals with access to legal advice and which provides that a failure [683]on the part of a member of the Garda Síochána to observe any provision of the regulations shall not of itself, and I stress those words, affect the lawfulness of the custody of the detained person or the admissibility of any statement made by him or her. This is a standard provision. There are numerous examples on the Statute Book, not least in section 7 of the Criminal Justice Act 1984, the Act in which section 5B is proposed for insertion.
The purpose of the provision is simply to ensure that a technical breach of a regulation by a member, for example, not completing a form properly, does not automatically render the detention unlawful and any statements made inadmissible as evidence. It leaves the matter to the discretion of the trial judge to determine whether the nature of the breach is of such magnitude that it constitutes a breach of the detained person’s constitutional right of access to legal advice and should therefore be excluded as evidence.
It is desirable there is full adherence by members to any regulations. Subsection (5) of section 5B conveys this message. It provides that any failure on the part of a member to observe any provision of the regulations shall render that member liable to disciplinary proceedings.
In the context of other issues raised with me, I reiterate what has been said previously. Both the Garda Síochána and the Office of the Director of Corporate Enforcement have confirmed that they have the resources they require for the investigations currently taking place. One of the first things I did on my first day in the Department of Justice and Equality was to raise that issue as a query and arrange for officials of my Department to meet with the Garda Síochána and the Director of the Office of Corporate Enforcement to ascertain whether any additional resources of any nature were being sought from us with regard to the work being undertaken. In so far as there were additional resources required, I understand they were provided and we have reiterated that if any additional resources are needed, they will be provided. Interestingly, over the weekend the Director of Public Prosecutions indicated that as far as he was concerned his office had whatever resources he needs.
It is my understanding that the investigations that are taking place have made substantial progress but while the Government does not have a role in prosecuting offences, we will take all appropriate action open to us to ensure the investigations are brought to a conclusion as quickly as possible.
In the context of the queries raised relating to whistleblower legislation a number of Deputies expressed concern about that. There is an absolute commitment in the programme for Government to introduce a new whistleblowers Bill. In so far as it has been suggested there may be need for some additional whistleblower measure in this particular legislation, I am having that matter examined. I cannot make a commitment that would include it in this legislation because it is envisaged in Government that there will be a separate and substantial whistleblowers Bill but I do not want this legislation delayed pending the enactment of that Bill. It may be possible to incorporate some discreet provision relating to the issue of whistleblowers in the context of us dealing with Committee Stage. If that proves possible, I will bring forward an appropriate amendment.
Reference has been made to various speeches. There have been two different conferences. A lawyers’ conference was organised in recent weeks to deal with the issue of white collar crime. I spoke at one of those conferences, and indeed opened one, and made a presentation to it slightly in advance of the publication of this Bill giving a general outline of the areas we were addressing. There was a headline in one of the following day’s newspapers which stated that someone else who spoke at the conference had said there was no need for additional law reform. In fact, the newspaper got it wrong. What was said at the conference by the particular speaker, and it has been repeated in the House, is that we have very substantial laws in regard [684]to white collar crime but in terms of the context of the substance of the laws, what we need to do is apply them and implement them.
At that conference there were calls for the type of legislation I have introduced in this House. A number of people have said there is a need for a change in the procedural approach to white collar crime within the courts structure and a need to provide additional assistance to the Garda Síochána. Essentially, the provisions contained in this Bill reflect what has been called for with regard to the reforms that are necessary. It is important to differentiate between the substantive law in place and the new law that will be enacted following the passage of this Bill, which will greatly facilitate the investigations of white collar crime.
Deputy Ross made a number of points. I agree with him on one point. We have very substantial laws with regard to insider dealing in the stock market. It is not for me as Minister for Justice and Equality to pronounce whether an individual or any individuals have been guilty of insider dealing. It would be highly inappropriate for me to do so but the laws are in place. The expertise exists within the Garda Síochána to investigate matters should there be a belief that people have behaved in a manner which warrants a criminal investigation. If that investigation does occur, there should be no doubt but that the provisions in this Bill would also be of substantial assistance in gaining access to information, be it held in documentary or electronic form.
I thank Deputy Ross and the other Independent Deputies who contributed in such a positive way to this debate and who raised issues which were important to discuss. I was surprised by Deputy Ross’s suggestion that those who may be found guilty of white collar crime should be sentenced to community service, and he called for some change in the law. The reality is the community service legislation applies across the board to people who commit all sorts of crimes, be they white collar or not. I would share the view expressed by Deputy Maloney that in the context of the seriousness of the nature of the crimes in the white collar area and in so far as they have had a substantial impact on the economic well-being of this country, the economic circumstances of individuals or contributed to the 440,000 unemployed, I personally would not regard community service as an adequate penalty for the sentencing of those guilty of serious white collar crime.
I come back to where I started. With regard to those found through our courts guilty of serious white collar crime, rather than doing community service they should exchange the cufflinks for handcuffs. There is a sentencing system. Ultimately, it is for the courts to determine how they apply sentences but there is a need to ensure that the punishment fits the crime. White collar crime, as we know, can have devastating impacts and I was surprised that Deputy Ross, who has been waxing lyrical for a while about the banks despite the fact that he was something of a cheerleader for Mr. Seanie FitzPatrick and Mr. Fingleton during the early 2000’s and despite the fact that he was urging the other banks to follow their banking practices which, tragically for all of us, they did, should now suggest that if someone is prosecuted arising out of the banking scandals it would be a good idea that they do community service. Some of the people he has been so vocal criticising would, if they found themselves before the courts and convicted, be very happy to only have to do community service.
I will conclude by thanking again everyone who spoke in the debate. It is correct that in particular I express my thanks for the support I received from my own colleagues in Fine Gael and in the Labour Party. I thank everyone on the other side of the House also. I would hope that we will be able to commence Committee Stage of this Bill rapidly at the justice and defence committee upon the committees being formed and our being in a position to proceed.
[685]Question put and agreed to.
Deputy Catherine Murphy: I move:
[686]I wish to share time with Deputies Pringle, Flanagan, Daly, O’Sullivan and McGrath.
During the general election the electorate limited the range of issues they raised. These were largely national issues and political reform emerged as one of the key questions. The economic crash that preceded the election had exposed that it was not just our economy that failed, but that the political system had failed to protect the country from that crash. That political system needs to be rebuilt if we are to respond adequately to the demands made.
While political reform emerged as an issue, it means different things to different people. Some were concerned with the cost of governance, others were concerned that the citizens had insufficient controls, while others complained about the empty Dáil Chamber and how the Dáil itself functions. Fundamentally, the desire was for change, and I believe this is a real opportunity that must be seized with both hands.
The business of politics should no longer be left to political elites. There was a clear understanding that politics does matter and that decisions impact on all our daily lives, sometimes in an adverse way. The values underpinning an effective political system must include democracy, transparency and accountability. New ways also need to be found to give control back to the citizen.
If we are to have meaningful reform at national level, then local government reform must occur in parallel. Otherwise, we will continue to have people elected to the national Parliament primarily dealing with local government matters unless we build a local government system that is effective, democratic, accountable and transparent. We simply cannot have Dáil reform without local government reform.
As a country, we are much better than that which is reflected in our political institutions. There are many things which work well and there are many things of which we can be proud. For example, at local level we can point to the credit union movement, to sporting organisations such as the GAA, to the level of community activity and the volunteering associated with that. The one common denominator is that they are built around a community or parish identity. There is a degree of trust at this level which shows that localism works well in the right place.
There were many complaints during the election campaign that there was too much localism in Irish politics, but the real problem is that the localism is in the wrong place. We need to face up to the fact that we do not have a local government system, rather a system of local administration. The county or city manager and his or her executive do not contest elections and are not directly accountable to the citizen, yet more and more power has been transferred to them since the State was founded. If we are to have a system that is truly democratic, that needs to be reversed in favour of the elected officials.
Our system of local administration also has a very limited set of powers and functions. If we are to change that, we need to build an effective system of local democracy and we need to transfer functions. Many of those functions that clog up the national system should be transferred to a new local government system. We also need to incorporate the plethora of informal quangos into a rebuilt local government system, where that is appropriate.
Ireland is in fact abnormal in that we have a very centralised system of governance. Much of that has occurred owing to the historic lack of trust between national and local government. It is time we grew up. We inherited our local government system and have been slow to change because of the lack of trust. The first local authority to which I was elected in 1988 was established under the Town Improvement Act 1854. That was Leixlip Town Commission which was the last town authority established and only one of four established in the history of the State. Our county council system was established in 1898. We have a regional authority system —[687]that will come as news to many — which was put in place at the insistence of the EU as an oversight role for regional funds transferred to this country from the European Union.
We are not playing to our strengths. I wonder if the county council system is appropriate to our current needs. We have too often been told that counties are essential to our local identities, yet the interesting thing is they are far from uniquely Irish and were established between the 12th and 17th centuries so that the Crown could gain control under the county sheriff and grand jury systems. We need to go back to the place where trust is a strong value, which is at community or parish level. We need to create a district council system. That should be overlapped by a very small number — perhaps three — elected regional councils in which there would be procurement advantages. Such authorities could deliver, on a more strategic basis, water, waste management, strategic planning, transport provision, health care, education, sports and other leisure facilities at a regional level. These regional authorities would have a delivery function, but there would also be economies of scale where savings could be made.
This would not be the first time the county council system has been abolished or phased out. In Northern Ireland, often known as the Six Counties, these counties do not function as the primary level of local government, as there is a large number of district councils. Dublin County Council was broken up and replaced by three county councils, but the roof of identity did not fall in.
The Constitution is clear about the role of Dáil Éireann. It is not just the role of the Opposition, but the responsibility of the Dáil to hold the Cabinet to account. That simply cannot occur when a Whip system is in place. One has to question if that system is in fact repugnant to the Constitution.
Some fairly minor changes are being proposed by the Government, some of which are welcome and some with which I disagree. They are intended to be in place for the autumn session. These changes appear to tinker at the edges rather than represent a comprehensive set of reforms. I can foresee the Government parading them as one of its achievements in its first 100 days. I know a constitutional convention is proposed at some point in the future, but the desire for change is now. We must not miss this unique opportunity and what is proposed is much too modest.
I very much welcome the public appetite for reform. Developing a civic morality is essential if we are to build a republic of which we can again be proud. It is not enough to rely on our education system to teach civics. It must be linked to how we do things. Building a civic morality must become a political value. Our political system since the foundation of the State has outsourced many functions. Parts of our education and health systems were outsourced to the religious orders. We outsourced our moral values to the church, but even at that, the morality we outsourced was not about inequities within society but was confined to reproductive issues. Our system of planning was largely outsourced to the construction sector. We have laws that are called planning laws but are more about development and in some cases are simply developer laws. They were at best about curbing excesses rather than being visionary about how we construct our cities, towns and villages. After all that, we wonder why we have not developed a civic consciousness. We wonder why we do not feel a sense of shared pride about what we have built.
Just less than 100 years ago, bemoaning the lack of a civic consciousness and describing it as a national flaw, James Connolly wrote:
He was speaking about the municipal authorities.
They were the only democratic institutions before 1916. One hundred years later, we must realise that if we are to change the political culture, we must begin with a set of values. We must map out a vision and plot a course to achieve that vision. Otherwise, we will miss the unique opportunity that has taken almost a century to present itself. I have pleasure in commending this motion to the House as an opening salvo from the Technical Group on political reform.
Deputy Thomas Pringle: There has been a lot of comment within the House and in the media, and in the country generally, about the need to reform the workings of the Dáil and the political system in general. These include knee-jerk reactions such as the proposals to abolish the Seanad, change the single transferable vote system and decrease the size of the Dáil to 100 or fewer Members. None of these solutions will provide a political system that will work any better for the people of Ireland. What we need is full reform of our system at local, regional and national level.
Many commentators speak about the need to reduce the number of Deputies in our system, but the level of representation at national level is not out of line with those of our European partners. There is one representative for every 26,000 people in Finland, one for every 26,000 in Sweden and one for every 29,000 in Norway; in Ireland, we have one for every 27,000 citizens. The debate should be about how our system works, or does not work, as the case may be, and not about how many representatives we have. The debate about numbers just masks the need for a real debate about reform of the system.
This motion concentrates on reform of the work of the Dáil as the start of a debate about the reform that is needed in the entire system. We need real reform of the House and not just the minor rearrangements that have been proposed so far by the Government. The Whip system must be abolished. The Constitution does not recognise the party system that operates in the House. Every Member has an equal mandate and is elected to represent the people, not the party. Every Member should be free to vote with his or her conscience. Committees must be strengthened. Proposed legislation should be brought before a committee in the first instance, debated, and then drafted to reflect the views of the committee. Committees should have the power to compel witnesses and hold inquiries. All debates, no matter what the issue, should have a question-and-answer session with the relevant Minister, which can inform the subsequent debate. Ministers should be compelled to give complete and concise answers; this should be evaluated by the Committee on Procedure and Privileges.
These changes cannot be made in isolation. The entire representational system must be reformed. One of the most striking differences in our system compared to the rest of Europe is the level and development of local government that exists in other jurisdictions. We should not reduce the size of our national Legislature, if at all, without reform of local government. A local government system that has real revenue-raising powers and control of its own capital budgets is urgently required. Many Members of the House and commentators complain about the number of local issues that Deputies deal with, but the crux of the problem is that so much local decision making is done nationally. We should abolish the management system in local government and make councils truly responsible for local decision making. We should develop a regional government system that can provide oversight and ensure compliance with planning, budgetary and financial guidelines. The Houses of the Oireachtas can then concentrate on the legislation and oversight that is badly needed.
[689]I would like to comment on the proposed abolition of the Seanad, another knee-jerk reaction. The way the Seanad is elected must change. We should do away with the crazy system of Senators being elected by local councillors and certain university graduates and appointed by the Taoiseach. We could elect the Seanad using a list system on the day of the European elections, with seats allocated from the list based on the European constituencies and proportionally to the strength of each constituency’s European representation. All parties and Independents can be represented on the list. Then we must ensure the Seanad has real work to do and real legislative input, because we need an Upper House that can hold the Dáil to account.
This motion is the Technical Group’s contribution to the start of a debate on real political reform, which must be ongoing and far-reaching to make sure we rebuild confidence in our system.
Deputy Luke ‘Ming’ Flanagan: Reforming the Oireachtas will be a waste of time unless we reform the way local government works as well. If Ireland wants to do well, it needs places such as Roscommon, Leitrim, Wexford and Limerick to do well. Unless those pieces of the jigsaw are right, we cannot put the whole jigsaw together properly.
I got involved in politics and democracy because I thought that if I put my name forward and got elected, I would have the power to address issues of concern. From my experience as a member of Roscommon County Council, I would advise people with any drive, ambition or ideas to stay a million miles away from local government under the current system, because they would be wasting their time. Their input would not be taken into account because they would have no power to do anything.
Deputy Brendan Howlin: That is unfair to all the good councillors.
Deputy Luke ‘Ming’ Flanagan: There is no problem with the good councillors. In fact, the councillors would be even better if they had real powers.
I was the mayor of Roscommon County Council last year.
Deputy Brendan Howlin: Congratulations.
Deputy Luke ‘Ming’ Flanagan: At a meeting, when I asked for further details on our budget, the director of services threatened to walk out of the room because I was looking for too much information. Not only was I elected by the people, I was also elected by my fellow councillors as the head of the council, yet people were getting annoyed with me because I was looking for too much detail. It is a phenomenal type of democracy. In fact, it was a kick in the teeth.
Deputy Brendan Howlin: Did the Deputy get the information?
Deputy Luke ‘Ming’ Flanagan: I have suggestions about what we should do. I do not have as many suggestions about what we should do in Dáil Éireann because I have not been here very long and I am not an expert on it by any means. However, one thing I know a lot about is how local government does not work. These are my suggestions. For a start, we should reduce the number of county councillors around the country by 75%, because there are too many of them. Also, we should get rid of every single director of services in the country——
Deputy Kathleen Lynch: I hope the Deputy is not running for the Seanad.
Deputy Luke ‘Ming’ Flanagan: ——and every county manager in the country. We can then use a system set up through the Better Local Government programme which involves corporate policy groups and strategic policy committees. Through this system, we can give the people in [690]local government real power to develop policies and drive ideas, and, in the case of Roscommon County Council, manage a budget of €70 million. The opinions and needs of people in our areas must be taken into account, because people in Dublin cannot possibly know what it takes to live in Roscommon, just as people in Roscommon will not know how best to do things in Limerick. That is the reason local governments should have increased powers.
Under the current system, people come to their local elected representatives and ask them to do things. Really, the best one can do for them is to promise that one will ask the people in the council to do what is required. One must explain that one really has absolutely no power — that would be a silly thing to do politically, but if one was to be honest, that is what one would say — but one will do one’s best for them. However, if we changed the system so that councillors really did have the power, they could actually do something for their local citizens. A lot of money could be saved under this system because, under the current system, county councillors are without a shadow of a doubt incentivised to close their eyes and ignore waste. This is my experience and that of many other councillors I have spoken to. If, as a county councillor, one finds that the council is wasting money and one points it out to those who work there, instead of being pleased that one has found a way for them to save money, they get annoyed and take the angle that one is criticising them. They think one is saying they are doing something wrong — although that is basically what one is doing — but when one is reliant on them because one has no power to change things, one will be reluctant to do that.
I was not a smart political animal on the county council. From day one, I went in like a bull and pointed out that it was wasting money left, right and centre. My reward was that I was stonewalled.
Deputy Brendan Howlin: Stoned.
Deputy Luke ‘Ming’ Flanagan: My fellow councillors used to warn me to be careful not to mention that the council was wasting money because I would not get anything from them. That is an absolutely ridiculous system.
What I am proposing is a new system under which we have a directly elected mayor along with — in the case of Roscommon County Council — six elected councillors who sit in cabinet and make decisions. They decide how the money is spent. They debate whether to pull up a footpath for the fifth time in ten years or use the money to develop the local swimming pool. Give them the power to develop tourism and the agrifood sector because they are local and understand it, and leave people in Dáil Éireann — and the Seanad if one wants to hold on to it — to cross the t’s and dot the i’s on legislation. If this were done there might be a few more Members here today. The reason they are not here is because they are looking into potholes, ensuring ditches and hedges are cut and attending Johnny’s funeral, but they are not here examining legislation because the entire thing is a mess. The programme for Government includes a promise to give local authority members more power. I hope the Government follows through on this but it would be a first.
Deputy Clare Daly: This is an extremely timely discussion. Since the inauguration of the new Dáil we have had a huge amount of talk on this issue but very little substance. We have had optics, starting with the early reconvening of the Dail, shorter holidays and all the rest but let us be clear that these are an utter nonsense. This will have no impact whatsoever on improving participation or evolving democratic debate and decision making, not to mind initiatives which would involve the public more in our decision-making process. It is shocking for new Deputies to come in here and see the archaic system that operates, the empty Chamber and the reading out of prepared speeches which somebody else probably wrote and which the speaker has not [691]seen before. Earlier, we saw it with a Minister who had not even read the replies to parliamentary questions prior to coming into the Chamber. He then had no ability to intervene in the debate. The system is in serious need of a radical overhaul.
We need to start on the outside. Let us consider the announcement made by the Minister for Education and Skills, Deputy Quinn, who two days prior to the election told people to vote for him and he would ensure registration fees would not be increased. Yesterday, he stated fees will be €2,000.
Government Members contested the election telling people they would renegotiate the deal, that it was an obscenity and that they would write down the value of the bonds. People voted in their droves for them and against Fianna Fáil and the Green Party, but what they got was the exact same thing as what they voted against.
I agree that we live in an elected dictatorship where every four years we have the right to put a cross beside somebody’s name who promises all sorts of things under the sun but who will, quite likely, come in and do the opposite. One has no right to recall these people. Any meaningful system of democratic accountability must have within it the right to recall and an opportunity to take people out there and then——
Deputy Brendan Howlin: Is that a prepared script?
Deputy Clare Daly: ——before their four years have ended when they have betrayed and lied to get elected. Otherwise it is a joke. We are implementing and arguing over policies against which the electorate has already voted, and the Government expects us to stay here for four years doing so but the public cannot take out the Government in the meantime.
Deputy Brendan Howlin: Anarchy, lovely.
Deputy Clare Daly: Well I hope people do come out on the streets, but that is a debate for a different day and presumably they will.
In the meantime, we have the issue of how people get elected to the Dáil and I want to look at a number of matters. The role of the Electoral Commission is important. We have had scandalous decision-making whereby towns have been partitioned and communities marginalised by an unelected electoral boundary commission. We need to have an impact and democratic accountability in this.
The Seanad needs to be dealt with. I agree with most of the points made with regard to local government. The public was able to exert pressure over councillors and local representatives and what did the Government do? It changed the regulations and abdicated all power so the status quo could continue and now effectively councillors have no decision-making powers whatsoever.
We have one of the most centralised systems in Europe or probably internationally. If we are really speaking about reform we must start at local level, and decision-making and accountability for health, education and public services should be devolved to more powerful local authorities, which is certainly not the case at present. The Seanad is an affront to people and taxpayers. Last week, people who had knocked on my door looking for a vote stood up and stated they had been elected to the Seanad to represent Sligo and Leitrim. They are failed Dáil candidates who see it as a stepping stone to this Chamber. It has no meat or substance and it should be abolished.
I warn the Government about some of the proposals it made to the Whips dressed up as Dáil reform. We must let it know it will not get away with this.
[692]Deputy Brendan Howlin: We will be taken out, I know.
Deputy Clare Daly: It will not fool anybody with these proposals because the clear intent is to disenfranchise the Opposition, shield the Government from the limited scrutiny under which we have the ability to put it and stop its actions from being transparent. Every day, questions are not answered. There is either a prepared script or waffle for a minute or two so the Ceann Comhairle can cut across and state there is no time and that we must move on to the next question. This is not good enough. We need a Ceann Comhairle who insists that when a question is asked an answer is given. That would represent debate, dialogue and democratic discussion and evolvement of ideas. It is not the staid nonsense we have at present.
When one finds it difficult enough to have questions answered, the ideas put forward by the Government such as reducing the requirement for the Cabinet to be present, reducing discussion on the Order of Business and limiting it to a shorter period of time will make a very bad situation even worse. It is the complete antithesis of democracy and it is disgraceful. If the Government really wants to do something different it must start outside the Dáil at local authority level and move it up from there.
Deputy Maureen O’Sullivan: There are many committed, hard-working sensible Deputies throughout the House, in parties and not in parties who want to bring about change——
Deputy Brendan Howlin: Hear, hear.
Deputy Maureen O’Sullivan: ——not only for the sake of change but because change is needed. Our motion states that we want change to rebuild Ireland’s political system into an effective, accountable, transparent, representative and participatory institution. Wisdom, common sense, insight, vision and a desire to be meaningful and effective are not confined to those in government, in this case Fine Gael and the Labour Party or, if I had been speaking a year ago, Fianna Fáil and the Green Party. It does not follow that as soon as one crosses the Chamber into government automatically wisdom and insight are instilled. Those in opposition are not lacking in those qualities. We need to move from the adversarial nature of politics so when an issue presents itself everyone is not only given the space and speaking time to articulate views on it but there is a genuine way to engage and for Government parties of whatever political persuasion to acknowledge they do not have the monopoly on wisdom and what is best for the country.
We are part of a very powerful system which has been dominant and continues to dominate, making it difficult to bring about change. Often, we express our frustration at the system and our apparent inability to change it. There is a genuine desire for change and we cannot allow the system to dominate this desire. As it stands, power is with the Cabinet. It is almost like that as soon as the elections are over and the Cabinet positions distributed, the rest of the Deputies can toddle off home. Other than being a thorn in the side of the establishment, valuable and all as that is, what is the role of Opposition Deputies if most of what is said in opposition is not taken seriously or in a way that can bring about real change?
It looks as though the new arrangements for committees are being presented as a fait accompli. I have been on committees all my life and the most effective committees are those with small numbers and a very definite focused piece of work. A committee must be meaningful. There must be a consistent interested membership with a real role. Committees need people with a genuine interest in its work and not there just to make up the numbers.
Some time ago, we had statements on committees and I wonder how much of that debate has seen its way into the new system of committees. The new committees proposed for the Dáil are heavy in numbers with wide briefs to cover a huge range of areas. This will be cumber[693]some and will prevent real work. They will be dominated by the Government parties and I want to know why the cherries are given to Government Deputies only. Is this democratic? There should be no remuneration for chairing. Adequate time for meetings is needed, scheduled to avoid interruptions by bells for votes. If people or Departments come before a committee there must be a valid reason with an outcome in mind. Each meeting should have an item on the agenda of actions decided that is followed up at future meetings. Our motion seeks an increase in the powers of committees to allow for input before the initial drafting of legislation.
In regard to Private Members’ time, if I am a member of a political grouping or party which proposes a motion, I must automatically agree with it. If I am part of the grouping or party which tables the amendment, I must automatically agree with that. However, as an Independent, I have the luxury of considering the motion. I do not have a political party agenda and I can act based on the principles in which I believe — principles of social justice and fairness. In the past I have found myself agreeing with aspects of the motion and aspects of the amendment. I then face a dilemma when it comes to a vote. Surely, in Private Members’ time at least, the party Whip system could be removed to allow for genuine debate.
In regard to questions, what is the point in having questions to the Taoiseach in one time section with the exact same questions later on? There is a need for space to question the Taoiseach but there needs to be a way to tackle the repetition. Questions to Ministers are vital with the right to supplementary questions and I would like that extended to matters on the Adjournment when the answer provided does not answer the question. We need more time for questions to the Taoiseach and Ministers and we need a topical issues section.
Why are questions taken on proposed legislation when a call to the Bills Office would elicit the same information? The danger is that because we have done something in the same way for so long, it is easier to keep going in that way rather than look at the efficiency or otherwise of it and try to bring about change.
I support what Deputy Luke ‘Ming’ Flanagan said about local government. The next local government elections will be in 2014 so now is the time to get moving on that debate. I spent some months on Dublin City Council and I was always struck by the number of public servants at meetings, which were at double figures, and the number of public representatives, which was a single figure. I was amazed at times by the inefficiency of that system.
We come to the House to speak on legislation, statements and Private Members’ time but what is the point if the Government has already made up its mind on them? Statements should be a way to develop policy on an issue.
In regard to reducing the number of Deputies, we should first look at the work of Deputies and the numbers will follow from that. The same should apply to the Seanad. Let us look at what it is supposed to do and how that can be done better before deciding to abolish it.
I was very fortunate to be a teacher for many years. I knew I was in a career in which I made a difference. I am not saying I was indispensable; I do not believe anybody is but I know I made a difference. I would like to be able to say in whatever time I spent here that I can make a difference but sometimes the system we have prevents that.
Deputy Finian McGrath: I thank the Leas-Cheann Comhairle for the opportunity to speak on our Private Members’ motion on Dáil reform and the urgent need for radical change. I compliment my colleagues in the Technical Group for once again leading in this important national issue and in this debate for the State and for our democracy. The last general election a few weeks ago was about change and new and fresh thinking. This motion is part of that debate. It is time to end the waffle and the talks about talks on Dáil reform and committees. [694] Now is the time for action so let us get on with the job. Once again the Technical Group is the first out of the traps on this issue.
I urge all Deputies to seriously consider our motion and not to be afraid to speak out if they agree or disagree with it. They should put something on the table. So far, I have heard many interesting ideas and proposals. This Dáil reform debate is about our Parliament and country so let us get on with it.
Some people in this country want less democracy and I have concerns about them. Some people say we should put business people into Cabinet posts and into the top jobs in Irish politics. I wonder if they think they are running a business or a country and society. Many of these business people are part of the problem we have today so I would not rush into making such decisions. It might sound popular but there is nothing wrong with people learning their trade in the council and eventually ending up in Dáil Éireann.
It is important to put forward our own ideas in Private Members’ time. In my manifesto at the last general election, I put forward proposals for Dáil and political reform. I was pleasantly surprised when I received much support for them on the doorsteps. For example, most people want to create a real democracy with accountability at every level. That is something I heard on the doorsteps. Most people asked if we would come up with a solution to some of the problems the country faced.
I differ from some of my colleagues but I was in favour of a more democratic and reformed Seanad rather than abolishing it. I said during the general election that we should transform the Seanad into a genuine forum for civic society within 12 months or if we were not going to do that, we should abolish it. We did not debate that proposal adequately. There is room for a more democratic second Chamber to keep an eye on the way the country is run.
Let us be very careful about winding down democracy, whether in city hall, Dáil Éireann or Seanad Éireann, because there are elements in society which will use it for other reasons. We should reform for efficiency and accountability but we must be very careful in how we proceed.
In regard to the Dáil, we should end the use of the guillotine to pass laws which have not been scrutinised. We should give Dáil committees powers to examine proposals for spending before it happens and to hold real inquiries by giving them the power to compel witnesses to give evidence and provide documents. I would also like to make senior public servants responsible for their decisions and actions. I am reminded of a principal running a primary school. Much of the time the buck stops with him or her in regard to the administration of, and issues in, the school. If anything goes wrong, he or she takes the hit and if something positive happens, he or she gets the credit. However, the principal is accountable and there is no reason this could not happen at the level of senior public servants. That is lacking at present.
I strongly favour bringing real transparency to the funding of political parties. Parties should publish their annual accounts. I would like a register and control of lobbyists, protection for whisteblowers, to make all appointments to State and public bodies and the Judiciary open to public competition and Dáil scrutiny and to ban any individual from being a director of more than three companies or public bodies. I urge the Minister to look at those proposals. A Government with an open mind would look at some of these proposals.
I would like an urgent review of company law to ensure white collar criminals are brought to justice, although the process has begun here. We should bring back the original Freedom of Information Act. We should consider seriously these proposals.
In regard to the debate on city and county councils, I was elected to Dublin City Council in 1999 and like many contributors to this debate, I was amazed by what I saw. However, I also [695]learned much about the importance of local government. We need more radical and efficient local government. Local government plays an important role and I fully support many of the views expressed on these issues.
In regard to the debate on the committees, during my first term, I served on the Oireachtas Committee on Justice, Equality, Defence and Women’s Rights where much work was done on the Barron report and the disability legislation. I worked with the Minister of State, Deputy Kathleen Lynch. Much good work has been done by committees and let us not forget to say that. However, that does not mean we are not up for reform and change. I fully support the proposals from many of my colleagues. There is much potential for these committees to get on with the job.
The Government should be a little more inclusive and democratic when it comes to dishing out the jobs on these committees, in particular in regard to Members from the Technical Group. It is important there are strong independent voices on these committees to reflect the democratic nature of this House. If we are serious about change, that is an option.
In regard to changes to Dáil structures and in the Chamber, I fully support some of the proposals on Dáil reform put forward by my colleague, Deputy Maureen O’Sullivan, in particular questions to the Taoiseach and Ministers. I also fully support the unqualified and urgent desire of the people to rebuild Ireland’s political system into an effective, accountable, transparent, representative and participatory institution. There is a critical need for immediate and meaningful Oireachtas and local government reform. Dáil Éireann has a clear constitutional role to hold the Government to account. I urge Members to support our Private Members’ motion and I thank my colleagues for bringing forward some sensible suggestions.
Minister without Portfolio (Deputy Brendan Howlin): I propose to share time with the Minister of State, Deputy Brian Hayes.
An Ceann Comhairle: That is agreed.
Deputy Brendan Howlin: I move amendment No. 2:
As Minister with responsibility for public expenditure and reform, I am pleased to have the opportunity to take part in this debate to highlight the challenges we face in the area of reform, some of which have been referred to by previous speakers, and the actions the Government has taken to date and intends to take. We have been in office for less than three months and the reforms we have laid out are the most radical ever proposed by an incoming Government.
Debates during Private Members’ business are often occasions of disagreement between the Government and the Opposition, but on this occasion I am struck by the extent to which I am in agreement with the Opposition motion. I agree that the unqualified and urgent desire of the people is to rebuild Ireland’s political system into an effective, accountable, transparent, representative and participatory institution. I agree that there is a critical need for immediate and meaningful Oireachtas and local government reform. I agree that Dáil Éireann has a clear constitutional role to hold the Executive to account and must be given the capacity to do so. [697] The Government is committed to overhauling the way government works. We are committed to ensuring the Executive is held to account and seen to be held to account.
Where I disagree with the motion — let us get this out of the way — is in its reference to the party Whip system. Political parties are, at their heart, alliances of like-minded people, as Deputy Clare Daly will know, who agree to work together in pursuance of shared goals and visions. We organise publicly, campaign publicly and put our agreed, negotiated platform within our organisations before the people in general elections in the same manner as Independent candidates. In fact, not all Independents are as comprehensive in the packages they put forward. The people offer us support on that basis. When no single party commands a majority in the House, parties work together in the public interest to forge a common platform.
We take the party Whip voluntarily and with pride to work together in the common interest. The Technical Group works together as a unit and has presented this motion as a unit, but its members’ analysis of the issue is quite varied. One Deputy who spoke tonight wants to abolish the Seanad, another wants to reform it; one Deputy wants to retain the local government system, another wants to fire 75% of local councillors——
Deputy Clare Daly: Genuine debate, how shocking.
Deputy Luke ‘Ming’ Flanagan: One Fine Gael Deputy wants us to default on our debt.
Deputy Brendan Howlin: I listened to the Deputy with some respect and value his views.
Deputy Luke ‘Ming’ Flanagan: The Minister interrupted me.
Deputy Brendan Howlin: I am sorry, I did not realise the Deputy was so touchy. The Deputies opposite have a range of views. Without a party Whip system, how would we determine anything? They cannot all be right in their views. Any political group must have a negotiated common platform. That is how it works.
Ireland is in great difficulty and we must make our system of government work. Politics is not simply about decisions that accord with our personal consciences, important as that is. We must make decisions based on priorities, the availability of resources and the views of others. It would be a great luxury if we could always be on the side of what was popular. That would be a lovely position to be in. In reality we must accept some decisions because they help to progress other issues. In other words, politics and governance are about give and take, the creation of majorities and the building, as far as possible, of consensus. Political parties do not just reflect that process; they arose historically from that process of political evolution and debate.
The programme for Government contains the most ambitious and far-reaching agenda for political reform ever put before this House. It must be ambitious if we are to restore the people’s trust and confidence in the institutions which serve them. The Government’s commitment to reform was made clear by the decision to establish a Department of public expenditure and reform with a Minister dedicated to driving the reform agenda. On 20 May I published the Ministers and Secretaries (Amendment) Bill 2011 which will provide the legislative framework for the formal establishment of the Department. That Bill will come before the House later this week. For the first time, functions and responsibility in regard to the reform and modernisation of the public service will be reflected on a statutory basis. On enactment of the legislation, in my role as Minister with responsibility for public expenditure and reform, I will have responsibility for all functions currently vested in the Minister for Finance in respect of the public service, including superannuation, remuneration, the appointment of staff and terms and conditions of employment for all staff of public service bodies. At the same time, responsibility [698]for the management of overall departmental expenditure, including the management of the annual Estimates process and general sanctioning powers in regard to expenditure, will transfer to me from the Minister for Finance.
Our agenda for reform is twofold: first, to change the overall context in which the Government operates in order that public business is done in public; and, second, to change the way the Government operates to make it effective, democratic and accountable. The Government, as part of its commitment to the electorate, undertook to provide leadership and decisiveness. Where action is required, decisions will be taken and implemented.
As noted in the Government amendment, progress has been made in a number of areas in the few short weeks we have been in office. At its very first meeting the Government decided voluntarily to reduce ministerial salaries. The salary of the Taoiseach was reduced to €200,000, a reduction of 6%. Reductions were also applied to the salaries of other members of the Government and parliamentary officeholders whose salaries have been tracked to those of Ministers in the past. On the more general issue of the appropriate level of senior pay in the public service, I am reviewing the current provisions, including those for current incumbents, and will be bringing proposals to the Government shortly and subsequently to the House.
The Government has also agreed new arrangements for transport and staff support for Ministers in line with the commitments we gave to the people in our election manifestos and the programme for Government. The Government recognises that in reforming the public service reform must happen from the top. It is essential that the right people are in place to take on the complex challenges the country faces now and in the future. In line with the commitment given in the programme for Government, the structure of the top level appointments committee, TLAC, has been radically overhauled. The Government has decided that the membership of the TLAC will be increased to nine by the appointment of five external members from outside the Civil Service. All final interviews will be conducted by sub-panels of the committee, each comprising two Civil Service and three external members and chaired by one of these external members. New approaches to attract stronger external candidates are being considered, while recognising that suitable candidates will have to undergo a competitive process.
Considerable work is ongoing within my Department to advance the commitments given in the programme for Government in regard to the freedom of information legislation first introduced by the Labour Party and Fine Gael in government and substantially weakened in the years we were out of government. I expect to submit initial proposals to the Government shortly in regard to how these matters will be substantially progressed. It is important that the Government gives these complex issues the consideration they merit and that all Ministers are consulted on the range of issues which will amount to the effective repeal of the 2003 amending legislation brought forward by the Fianna Fáil-led Government and which largely emasculated the original Act.
In regard to protections for whistleblowers, the Government has laid out its commitments in the programme for Government and they are ambitious. The programme states the Government will introduce whistleblowers legislation, simpliciter. I confirm that this commitment will be enacted as quickly as we can and that those who speak out against wrongdoing or cover-ups, whether in the public or the private sector, will enjoy protection. I know how important this is as I appeared before the High Court and the Supreme Court in an effort to dislodge the source of information given to me as a Member of this House in respect of allegations of wrongdoing. Also in the spirit of transparency, we will introduce a statutory register of lobbyists and rules concerning the business of lobbying. It is important that those engaged in lobbying be known, along with the people and causes they represent.
[699]Another priority for urgent action is the establishment of an independent fiscal advisory council. This is a key aspect of budgetary reform that the Government is committed to implementing under the terms of the programme for Government. This is included under the EU-IMF programme of financial support. The Minister for Finance will bring forward proposals very shortly in this regard, including those relating to membership of the council, its role and its work arrangements. It is very important for the effectiveness of the council that it is seen to be independent and the establishment of its independence will inform the arrangements we will put in place. The intention is that later this year, the Government will bring forward a fiscal responsibility Bill, which will give legislative support to the council and its work. The Bill is likely to include other aspects of the fiscal reform agenda including rules on expenditure.
This Government has indicated the priority it attaches to political reform. The programme for Government has already set out some of the priority areas touched on by the Opposition motion. I welcome this opportunity to bring these priorities to the attention of the House. It is important that an effective Parliament has an effective committee system. To this end, the Government is proposing reforms to the committee system. These reforms are centred on making committees more relevant. We will strengthen Dáil engagement with the European Union by ensuring that all Oireachtas committees share the burden of dealing with EU policies and legislative proposals. We will do this by deepening the involvement in EU matters of the committees that shadow the work of Government and we will strengthen the Dáil’s capacity to investigate matters of public interest. The Abbeylara judgment of the Supreme Court limited the powers of Oireachtas committees to conduct investigations that might attribute blame to identifiable individuals. It is the strong view of this Government that Parliament should have the power to conduct such investigations. Therefore, it is a matter of urgent priority that we hold a constitutional referendum to seek the people’s support to reverse the Abbeylara judgment and enable committees to carry out investigations.
We propose the establishment of an investigations, oversight and petitions committee, structured along the lines of the Committee of Public Accounts, which works so well. This committee will have the specific function of addressing citizens’ concerns as they relate to public services or public administration generally. The committee should be the formal channel of consultation between the Oireachtas and the Ombudsman and responsible for ensuring her recommendations are acted upon. We will give committees the power to introduce legislation so that introducing legislation is not the exclusive prerogative of this side of the House. We will give it more power to scrutinise legislation. We will further enhance the role of legislative committees by providing that every fourth sitting week will be a committee week. Committees will not be buried in this House but will be seen to act as full scrutiny committees in the full glare of publicity in this Chamber.
In the time available I have only been able to touch on some of the major reform agenda. Local government reform, which informed many of the contributions in the Chamber, will be dealt with by my colleague, the Minister for the Environment, Community and Local Government tomorrow. He will set out the reform agenda on local government. I conclude by sincerely acknowledging the contributions of Members opposite. Deputy O’Sullivan was a rock of sense once again. We should act on much of what is said on the Opposition benches. The Government has no monopoly on wisdom and it is my intention to be open to constructive proposals for reform from the Opposition if they add value and are in keeping with the agenda we have, in common, to make this House and our institutions more effective.
Minister of State at the Department of Finance (Deputy Brian Hayes): I second the motion proposed by the Minister. I welcome the opportunity to debate this crucial issue. I am clear on the mandate the people gave our party, me and others. In the first instance, it is a mandate to [700]sort out the dreadful economic mess and legacy but, equally, it is a mandate for genuine and radical political reform in this country. If we are to introduce all the elements in the amendment tabled by the Minister, we will have a democratic revolution in this country. That will take a lot of work over a four or five-year period because much of the change is constitutional. However, much of it is parliamentary and legislative change, which can happen. If we are to fix this broken country, in terms of the economic struggle we face, we must lead on the question of radical political reform in this House and outside it.
Two weeks ago, along with many other colleagues, I was privileged to attend the State funeral of Dr. Garret FitzGerald. It was a wonderful occasion in many respects, not because of the dignitaries in attendance but because of the people in attendance. As Ministers and Ministers of State travelled from Donnybrook to Shanganagh in a bus, it was extraordinary to see that at every major intersection on the road, thousands of people came to clap and acclaim Dr. FitzGerald. They marked out territory that this was a man who had done the State great service. I thought that was the natural, ordinary respect people should hold for their politicians in any republic. That case is an exception because the great majority of people in this country do not hold politicians in respect, nor do they hold the political system in respect because of what happened to this country. Our task, collectively, over the course of this Dáil, which we are privileged to be in, is to do what we can to improve the standing of politics in this country in the same way as those people who stood and clapped the remains of Dr. FitzGerald two weeks ago recognised his enormous contribution to life in this country. I know the mandate we have to fix this country and to fix our broken political system.
The numbers on the Government side of the House mean that approximately two thirds of the membership of Dáil Éireann support the two biggest parties and the two Government parties. Every voice must be heard, on Government and Opposition sides. We should encourage the fact that people speak out. The Government itself must act as a collective being. Collective responsibility is there for all to see in the Constitution. However, those behind me in both parties have a responsibility to speak out as they see fit and to take a stand as they see important. They are members of political parties and have signed up to our programme for Government but there is space to have their voices reflected within political life. I spent 14 years in opposition and what is stifling about this place is the over-centralised control of the Executive. We must address that. This Parliament is one of the few in the world where the Punch and Judy performance occurs every day, pretending and exaggerating matters of no consequence as a cheap line for headlines on the news at six o’clock.
That happens on both sides. If we are really serious about constructing a new politics in this country, we must see the central role of a parliament. This Parliament has never stood up for itself, and it has always been seen to be a plaything, as it were, of the Executive. That idea must be broken down if we are really serious about advancing political reform. Every voice is important and every Member has a role to play.
One of the great opportunities we have is the fact that close to 50% of the Members in this House are new. I hope they will bring an opportunity to reform this place in a measured and constructive way rather than through a political polemic used by people on television screens because they believe it sounds trendy and cool. That is our ultimate task if we are serious. If we are not serious and we are just play-acting, that is fine, and the public will see through that kind of hogwash. A serious attempt will have a role for each Member, and those who are new in particular, as they have much to offer.
The beef tribunal occurred in this country, with the enormous costs attached to it, for a solitary reason as outlined by Judge Hamilton in his final report. It was because Ministers did not answer questions honestly in Dáil Éireann. The most important function of every Deputy, [701]either on the Government side or that of the Opposition, is the right to ask a question and properly interrogate a Minister. Our system is far too weak because the Ceann Comhairle cannot direct a Minister to answer a posed question or intervene because the time is set out in intervals between the Government and Opposition. The most fundamental reform, as far as I and the Government are concerned, relates to parliamentary questions and how to utilise that time.
The time for these questions is allocated but we would have ten times as many people attending Question Time if questions were taken only if Members were here. In other parliaments, members are called based on whether they are within sight of the speaker rather than the lottery system which developed here over the years. More people would attend if they did not know whether their questions would be answered.
We should immediately introduce such a process because people would attend the Chamber if they believed they could participate in a debate; currently the debate is time-allocated and takes place between key players such as the Opposition spokespersons and Ministers. If the lottery system were abolished and questions were taken from the Order Paper with the people present in the Chamber, there would be 50 or 60 people present looking to contribute to the debate. That is an important question for the Opposition and Government sides of the House if we are to be honest about the process. It is crucial that we change the system for parliamentary questions.
One of the best innovations in the three months I have been part of the Government is that all major statements on policy occur in Dáil Éireann. That has not happened in the last decade, and I was a vocal critic of the fact that major Government announcements in the past decade emerged in the Government’s press section at an appointed occasion outside the House. A debate may have occurred a week later, which is absolutely outrageous. The Minister for Finance, Deputy Michael Noonan, made the announcement on bank restructuring plans in Dáil Éireann. The Speaker in Westminster would chastise a British Government for making a statement outside the House of Commons. As such, we have started well with this and every Minister must continue in that vein. There should be no more press conferences to the great and good in order to manufacture news. We should have statements in the House and proper questioning from colleagues on all sides. We have begun this process and should continue with it.
Too often there is a kind of high-handed attitude from Members opposite about those people outside parties and political parties. One of the great strengths of this country, and a reason we emerged from civil war so quickly, is the ability to have moderate politics in our country. If we are really serious about recognising the role of political parties, we must encompass that within the Constitution. There is no reference to political parties within Bunreacht na hÉireann, but they play a vital role in the country.
I do not object to anybody being an Independent or outside a party but, equally, I ask them not to object to members of my political party, who make extraordinary sacrifices and come to extraordinary compromises because they believe in a greater good. They believe that in coming together in solidarity behind a number of simple, discernible objectives, they can advance their political cause. There is a kind of condescending attitude among some, although not all, Independents about political parties. Their argument is they serve no useful purpose and are all grubby. That is a patronising view which is not based on fact. One of the great strengths of this country has been our political party system and the way it can change so radically, as we saw in the last election. We should not underestimate that process and we must give it constitutional recognition within Bunreacht na hÉireann.
[702]One of the most fundamental reforms outlined in our motion is a complete rethink on the Abbeylara judgment. The high point of Irish parliamentary processes was the late former Deputy Jim Mitchell’s Committee of Public Accounts. With that process, the late former Deputy and that committee produced a report, investigated the work and got money back for the public without the lawyers being there. This was done within six months and there was a genuine sense of public satisfaction. There was a problem of the non-payment of deposit interest retention tax exposed in the media but we did not hive it off to a tribunal or commission of investigation. We dealt with the issue head on and established a committee on a non-partisan basis that worked as a group and quickly deduced a solution to get the money back and produce recommendations.
That was a high point to which we must return. It seems that as long as parliamentary committees cannot make findings of fact against individuals, we will be in a very difficult space. That is why it is crucial for us to revisit the Abbeylara judgment and give power to Oireachtas committees to make findings of fact relating to individuals and events which have some meaning. That will mean that in future we will not have to hive off significant issues of public concern to tribunals of investigation which have become unsatisfactory. That is understandable because of associated costs. To do this we must change the way committees work, and a new internal dynamic is required where people can leave party political baggage outside in coming to a conclusion. That task will be difficult to achieve but we must pursue it. Committees will be central in a changing role.
It is crucial to have fewer committees and that they become meaningful. I fully agree with the Deputies opposite who argued there should be absolute scrutiny of budgets in advance by committees so that alternative proposals of expenditure can be examined. This is in preference to the “Punch and Judy” process that goes on here on a daily basis. There should be genuine work done with serious consideration of issues rather than a polemic, which is just a narrative used for commentary rather than serious work. It is crucial that we have fewer committees and that we change the way they work.
We are a small country and we are over-governed. There would be no need for Seanad Éireann if this House did its work and we had the kind of reforms outlined in our amendment to the motion. We would not need a bicameral system if everybody in the House contributed to the parliamentary life of the country. That is the task ahead of us.
We can consider some of the biggest decisions in the past decade in the House. They were not taken as a result of initiative from Members but rather because the Government plucked an idea from the sky. Decentralisation is an example. That idea would be rammed through the House, leading to appalling consequences. One could also look at the bank guarantee scheme, which was rushed through the House without proper consultation, consideration or the time to examine matters properly. That is the legacy of the past, which is pretty rotten but which others will defend, as is their right. It is also a legacy of how bad this Dáil and parliamentary democracy became and we must never allow it again.
That is why it is crucial we implement these reforms on a cross-party basis. I agree with Deputy Maureen O’Sullivan that it should be on the basis of agreement but we need to act swiftly. This is one route out of the difficulties we face.
Deputy Éamon Ó Cuív: I propose to move our amendment.
An Leas-Cheann Comhairle: The Deputy may refer to the amendment but it cannot be moved at present.
[703]Deputy Éamon Ó Cuív: The Leas-Cheann Comhairle takes a technical approach. I will always go by his advice.
I dislike it when people make broad statements without any basis. I do not know the basis for the Minister of State’s claim that decentralisation was not a good thing. I assure him that if he checks with the Minister of State at the Department of Enterprise, Trade and Innovation, Deputy Perry, and the other Deputies from counties Sligo and Mayo, they will report few downsides to decentralisation but a number of upsides. Nobody has shown me a shred of evidence that the decentralisation of a significant section of the Department of Community, Rural and Gaeltacht Affairs caused it to operate less efficiently than was the case when it was based in Dublin. Most people did not realise it had moved other than to note that its telephone number had changed. The Gaeltacht section of the Department has always been in Furbo and if the Minister of State really believed decentralisation was a bad idea, why does he not reverse the decision? He knows his rural Deputies will quickly tell him that decentralisation provided for more balanced decision making because those who made the decisions lived in different parts of the country. It also provided efficient services and employment opportunities to people within their own regions rather than centralising staff in one city.
There is agreement in the House on the need for reform but beyond that it is difficult to reach a consensus. I agree, however, that the time has come for action. For too long the obsession with reform has been about the time put in not the content or ability to hold meaningful debates. Debates in this House are mainly about reading scripts rather than interaction between Members. Unfortunately, this debate will probably be no different. The many hours spent on Second Stage debates and statements have little influence on policy and are often pro-forma and repetitive. Having been on both sides of the House and having tried to take on board good suggestions I found committee debates and the Committee Stage of Bills to be much more productive than the plenary sessions. The era of the sound bite has added to our difficulties because it is sometimes realised there is greater political reward for a short dramatic sound bite than for the hard slog of, for example, committee work on Bills and examination of policy.
The motion proposes to abolish the whip system. I acknowledge that the party system has no constitutional basis and only limited legislative basis. Parties are the voluntary coming together of people who share common aims and ideals. They are a recognition that by working together people can achieve a lot more than working individually. In the old days, if one wanted to push-start a stalled car, it was preferable to recruit three or four people than to seek the assistance of the strongest person. Working together, three or four ordinary people could achieve a result that the strongest could not achieve alone.
The House operates on a majority basis and to get anything changed requires the majority of Members to be in favour and, therefore, work to an agreed common purpose. The reality is that being a member of a party is like pooling sovereignty. In return for agreeing to accept majority rule within the party a member has a direct input into the policy debate from an early stage. Contrary to popular myth I have seen many proposals from Government being dropped or changed radically because of the input of backbenchers in the party. The idea that party members act like sheep is far from the truth. In order to proceed, however, party members accept the majority decision once the debate is over. Deputies similarly accept that the majority decisions of the Dáil stand until they are changed by a new majority decision.
Parties also facilitate organised specialisation so that all topics and proposals can be covered. It is not possible for an individual Deputy to be briefed on everything that happens in the House. Independent Deputies concentrate on a few areas of policy but if all the Members of [704]the Dáil were independent the danger is that some subjects might not be covered at all. The assertion that party Members vote by instruction is incorrect. Party Members vote following approval by their peers in the parliamentary party, a process in which they have full input. If I was asked to do something that was against my conscience, I would of course refuse to do so. This has never happened in my time in politics but I could not rule out the possibility that it could happen. I would not, for example, vote for the re-introduction of the death penalty. Thankfully, however, I can never see Fianna Fáil going down that route.
The Whip system has limited the role of professional lobbyists in our political system. In my years in office I can count on one hand the number of professional lobbyists who approached me. It was well known that I was wary of such groups and I always believed that if an organisation had a point it should approach me directly. It was also well known that the more marginal a person was in society the quicker and better the access he or she would get because it is important to ensure that the voices on the edge are heard.
By having a Whip system the ability of powerful interests to bully or buy off individual politicians is severely limited, the bigger picture can be taken into account and the local politician in a party is protected when a decision has to be taken that is good for society but might have local downsides. I recall a politician articulating this issue very well when he said that we all want the refuse removed from our houses and workplaces but none of us want the waste processing facility. We all want mobile telephones but we do not want the masts near our houses. We all want electricity but we do not want the pylons across our countryside. This is the ultimate dilemma but politicians have to take a wider view by balancing the well-being of the individual with the good of society.
If we want to get an understanding of what a Whipless Dáil would be like, we should look across the sea to the United States of America. How many in the Technical Group have looked aghast at the powerful interests lobbying votes in the US Houses of Congress? How many have decried the power of the gun lobby to intimidate or even buy votes to ensure that gun control is not introduced? Our system of parties is not perfect and while all systems can lead to abuse, I would be slow to change it radically in light of experiences abroad and certainly not until all the unintended consequences were teased out.
I was somewhat taken aback by the reference in the motion “curtailing the freedom of individual T.D.s to cast their parliamentary votes in the interests of those they represent”. First, Members can vote any way they wish and everybody is free to do so. Many times Independent Members agree wide-ranging packages with Governments. They even agreed this motion, while operating like a political party, and I am sure not every Independent Member agrees with every word. Like many things in life, it is a compromise. However, what shocked me about that reference was the notion that our job is not to represent all the people but to vote in the interests of those we represent. That is a scary thought.
I always thought our first obligation as national politicians was to all the people and not to one section. We have a duty to those who elect us in our constituencies but if the conflict is between the national good and local good, as national politicians, we must take the good of all of the people into account while protecting the interests of the various constituencies we represent. I find the reference to “those they represent” alien in the context of where I come from in politics, as I always thought I represented the people of Ireland no more, no less.
I would like one other simple reform to the business of the House, which I mentioned last week during ráitis ar an Ghaeilge. This courtesy should be extended but we have a difficulty with something very simple for some reason. As a Minister, I attended European Council [705]meetings and the European Parliament. In the Parliament, those who speak in a minority language are not ignored. Members who are sitting in the Parliament do not refuse to listen to what these colleagues have to say. When people do not understand the language of the speaker, they use the translation system.
One of the reasons that Irish is rarely spoken in the House is Members who do not understand the language refuse to listen to colleagues who use it and prefer in many cases to ignore what they are saying rather than wear the headphones provided. That is a great discourtesy to Members who speak Irish, to the minority in the country who use the language on a daily basis and to the constitutional position of the Irish language. People seem incapable of accepting that it is another language and, like all other languages, it should be treated in the same way. I am sure there is no other multilingual Parliament where on a consistent basis members who do not understand one of the official languages refuse to listen through the translation system when it is spoken.
I hope during this Dáil through the good offices of my good colleague, the Minister of State with responsibility for Gaeltacht affairs, who is a native speaker, we can secure agreement in the House that common courtesy will apply to those who speak the first official language in the House and that it will become commonplace that when a Member does not understand the language, he or she will use the headphones provided. If Members have a problem with them because they cover their ears and they are visible, perhaps the answer is to provide ear buds which are not as visible and which are more discreet. If that is the problem, it would mean a small amount well spent in order that this could become a bilingual Parliament. There are a large number of Irish speakers in the Dáil who would contribute in Irish if they thought they would be heeded.
I commented in the past that if I announced I was going to set off an atomic bomb, there would be no reaction as long as I made the announcement in Irish. I would not be far wrong but I hope this Dáil proves me wrong.
I am pleased the Minister of State, Deputy Perry, is present because I am sure he can explain to the Minister without portfolio that decentralisation to Tubbercurry, County Sligo, worked very well. The Department was as efficient in Tubbercurry as it was in Dublin and it did not prove any difficulty to the Minister.
Deputy John Perry: I thank the former Minister for decentralisation. It was much appreciated.
Deputy Brian Stanley: The motion states there is a critical need for immediate and meaningful Oireachtas and local government reform to be undertaken in tandem and I agree with that. Sinn Féin supports much of the content of the motion but the party political Whip system, which is an initiative of political parties rather than criteria set down by the Dáil or the Government, is not required as an institutional mechanism of the Dáil or any political party would be free to get rid of its grouping or to allow its Deputies to have a free vote. Some commentators might argue that implementing this would negate the need for political parties but no law stipulates one must be a member of a political party and this would not add to meaningful political reform.
We fully endorse the Technical Group’s call for reform of local government, which is my focus, as spokesperson on local government. Over the years, people’s patience and belief in politics and politicians have been sorely tested by the scandalous mismanagement of the econ[706]omy, decades of unchecked corruption and by the fact there has been little difference in the policies implemented by the main parties, particularly Fianna Fáil and Fine Gael.
We are living with the effects of mismanagement of the boom and now the mismanagement of the recession. The neglect of local government is affecting people as they go about their daily lives, whether it is water crises in counties Galway and Clare, commuter bottlenecks, the failure of transport provision in major urban areas, dangerous sections of roads, the lack of support for those trying to create new jobs and set up enterprises in their own communities, the high rates local businesses are forced to pay as cash strapped local authorities seek to raise funds in one of the only ways they are permitted, developments, particularly in my own constituency of Laois-Offaly and the commuter belt around Dublin, without access to essential services, empty homes on ghost estates while tens of thousands of people are still on local authority housing waiting lists or the lack of playgrounds in cities and towns. A significant number of issues need to be addressed. Reform of local government is essential. People should be allowed to exercise maximum control over their daily lives. This is true of Ireland as a nation and it is true of its local communities.
Distant decisions, inappropriate, inefficient and ineffective one-size-fits-all solutions must become a thing of the past. Strategic co-ordination and minimum standard setting is important but, to be genuinely effective, planning and service delivery must be guided by local knowledge. Communities must be freed and empowered to each realise their unique potential. A much narrower range of powers and functions is provided to local government in this State than in other EU states. We do not have local control over most essential public services or economic development. The way it has developed has been bad for democracy and needs to change. In particular, the current system effectively prevents communities and their local public representatives from responding adequately to changes in economic circumstances, yet help from central Government is rarely sufficient. I have heard councillors from all parties complaining about that at local level. The role of local councillors in policy making is too limited. Instead, many important decisions are made by unelected council managers or by the Minister.
The Minister for the Environment, Community and Local Government currently has the power to override the democratic will of people and even to dissolve a local council. All of that in turn constrains the ability of ordinary people to exert influence over the decisions that affect them in everyday life. We need to take control over matters of local importance and put them back into the hands of locally elected decision makers. What we have instead in this State is a local government that is stifled by limited powers, under funding, at times corruption, and a lack of vision.
The business of local government must be done differently. Local councils should be centres of community innovation and dynamism. They should be engines to grow and spread prosperity and equality. Local councils should be places where the best and brightest of the community come together to deliver responsive solutions and services and to work co-operatively and efficiently together. Unfortunately, the Local Government Act 2001 did not do that, which was a major disappointment at the time, especially because of what happened to town and borough councils. There is a need to increase the powers of councillors to include appropriate local control over the provision of services such as education, health care, infrastructure, employment, child care and social services.
An Leas-Cheann Comhairle: I ask the Deputy to adjourn the debate.
[707]Deputy Brian Stanley: To conclude, what we are seeking is that local government would have a key role in any reform of local government.
Deputy Bernard J. Durkan: I thank the Ceann Comhairle and the Acting Chairman, Deputy Tom Hayes, for allowing me the opportunity to raise the need for the Minister for Foreign Affairs to review procedures at the Passport Office, with particular reference to the need to cater for the increased public demand, notwithstanding modern security requirements, if he will ensure the redeployment of whatever staff are required to ensure the delivery of a fast, effective and efficient service, if he will take immediate steps to address those issues and if he will make a statement on the matter.
That is not a criticism of the Minister. He inherited the problems to which I refer. Neither is it a criticism of the staff of the Passport Office because the problem has existed for six or seven years and has gradually become worse. It is essential that every Department would address issues that impede progress, economic development and recovery and the delivery of services at this sensitive time.
Countless situations arise where people who have a need for a passport in a hurry cannot get one for various reasons. There may be a need for the redeployment of staff within the system. There is an embargo on recruitment in the public service but that has nothing to do with the problem. We must respond to the current needs that arise, whatever they are.
I urge the Minister to take whatever action is necessary to identify the issues that are causing the problems, logjams and delays. There is a huge degree of frustration among staff in the Passport Office. They constantly feel under attack. That is understandable because the volume of work which is coming their way is creating a problem. The tendency in such situations is for people to go into decline, to resile from the situation and to exacerbate the problem further. It does not make for good job satisfaction and there must be some degree of job satisfaction involved in one’s work.
At present, the public requires a service whether it is for business or pleasure. Every Department has in some small way an opportunity to turn the dial, as it were, to tweak and improve the system by identifying the issues that are causing a problem. I ask that it would be done as a matter of urgency at this juncture in the economic situation because unless action is taken we will have continued frustration on the part of the general public, the staff in the Passport Office and continuous erosion of our economic competitiveness as a result. I ask the Minister to take immediate steps to address the issue.
Minister of State at the Department of Foreign Affairs (Deputy Jan O’Sullivan): I thank Deputy Durkan for raising the issue. I am responding on behalf of the Tánaiste and Minister for Foreign Affairs, Deputy Gilmore. I hope I will be able to assure the Deputy that we are taking action in the Department.
There are currently 51,628 passport applications in the system being processed across the Passport Offices in Molesworth Street, Balbriggan, Cork and London. The figures show an increase in passport demand of 12% in comparison to 2009. Whereas the exact reason for the [708]increase in demand is unclear it is noticeable that passport applications for children are running at a level 18% higher than in the same period in recent years. Discussions with customers have also suggested that much of the demand relates to last minute travel plans made for holiday reasons.
At present the passport service is receiving an average of approximately 4,200 applications per day. There is an unprecedented level of demand in the system, with the number of applications received in four recent days from Irish residents alone at more than 5,200, exceeding by 700 the highest number of applications previously received for any one single day since records were maintained.
The passport service is also coping with an unprecedented demand for passports at short notice, with approximately 350 people per day, on average, coming to the public office seeking passports within a period of less than ten days. On 30 May, more than 600 people submitted applications for a short notice service at the public offices in Molesworth Street and Cork. In the context of the large number of customers using the public counter service, it is not always possible to accommodate all requests for a short notice service. Citizens are advised that the public counter services should only be used in cases of genuine emergency. Priority at the public counters will be given to those who have a necessity to travel for reasons of family emergency, that is, where travel is necessitated by the death, illness or welfare of a family member.
It should also be stressed that to protect the integrity of the system and the quality of the passport, the passport service cannot provide standard passports within a single day. The shortest turnaround time available is three working days for applications received over the public counter accompanied by proof of travel, other than in cases of genuine emergency.
There has been some media commentary on the scale of the delays, some of which has been inaccurate. Whereas the delay of three working days in processing passport express applications is regretted, it is three working days and not the many weeks suggested by some media commentators. Passport express applications are still being produced within a maximum of 13 working days. Equally, more than 70% of applications submitted on the island come through the express service and, accordingly, the number of citizens experiencing weeks of delay has also been overstated in places.
It is regrettable that due to the overwhelming number of applications, those submitted through other channels, that is, through the ordinary post system or from Ireland’s overseas missions, do not attract a guaranteed turnaround time and are currently taking more than six weeks to be processed. During the peak summer period, application processing times for the services can lengthen. In such circumstances, priority continues to be given to applications made through the passport express service. Notice of the current extended turnaround time and its likely duration has been published on the passport service website, www.passport.ie. The Passport Office has also informed An Post of the situation so customers can be advised at the point of application.
In January, a series of changes to passport application procedures for first-time adult applicants and those reporting passports lost or stolen were introduced. The changes required that applicants in those categories submit additional documentary evidence to establish identity and entitlement to an Irish passport. The additional documents sought include forms of photographic identification, proof of use of the name of the applicant and proof of residence at the applicant’s address. In particular, in the light of recent high profile international incidents relating to passport fraud, the measures were introduced to protect the integrity and inter[709]national reputation of the Irish passport. Whereas the new measures have had some impact on the time taken to process applications, the impact primarily relates to only a small subset of the overall application demand. Additionally, I should stress that they have been implemented with a degree of commonsense balanced with the overall need to protect against identity theft and passport fraud.
From the start of April the Department took on additional temporary staff to work in the passport service. There are now 85 additional temporary staff in place, and they have been trained in passport processing. In conjunction with some seasonal overtime and other measures under consideration the passport service is seeking to return passport turnaround times to normal levels at the earliest opportunity. In the interim I strongly appeal to the public to assist the passport service by checking the validity of their passports before making bookings to travel abroad. A valid passport should be the first item on any check list when considering foreign travel. I hope the information offers some assurance to Deputy Durkan.
Deputy Bernard J. Durkan: Thank you.
Deputy Seamus Kirk: If I might make an observation, I suggest the Department or the Passport Office should consider placing an advertisement in local papers at certain times of the year, exhorting people to apply in time for their passports, to try to avoid the peak and valley problem.
Acting Chairman (Deputy Tom Hayes): The Minister can take up that issue.
Deputy Jan O’Sullivan: I will certainly pass on that suggestion to the Minister.
Deputy Martin Ferris: The rules for the primary school transport scheme will change as a result of budget 2011 and these changes will come into effect for the school year 2011-12. The main changes are the introduction of an annual charge, the removal of eligibility under the central closed school rules for certain children living less than 3.2 km from the school, and a minimum of ten eligible children required to retain a transport service in a respective area.
These changes, when implemented, will cause problems and place pressure on children, parents, teachers and bus providers. Traffic hazards will also result where a service is withdrawn. In one part of north Kerry, some ten services have already been removed. This will cause hardship and the extra cars on the roads will give rise to safety issues at schools. The changes go against the commitment given over 30 years ago when primary schools were amalgamated or closed. Negotiations between the various parties and the Department at the time came to an agreement that a service would be provided, but now that agreement is being broken. The guarantees given then created a sense of trust and commitment, but that exists no longer.
Last night, the Minister for Tourism, Culture and Sport, Deputy Jimmy Deenihan, Deputy Arthur Spring and I attended a meeting in Listowel which was attended by more than 400 people, from north Kerry, parts of Limerick, south Kerry and even one from Clare. There is absolute fear and dissatisfaction across the spectrum at what is being proposed and with what has been done. I understand the Minister of State, Deputy Cannon, is due to meet the people in the area in Listowel in a few weeks time. People are worried, concerned and fearful. Up to 40 people who attended the meeting last night spoke on the subject, but not one of them mentioned the fee of €50. Therefore, the issue is not the fee but the service, which if reduced [710]will have a huge impact. Many of the contributors from the floor mentioned children travelling to school who currently have transport, but who, because of the implementation of the value for money review, will not have transport to school for the 2012-2013 school year, while their brother or sister may remain eligible. This issue is causing significant problems.
The proposals are also full of contradictions. With effect from 2011-12, there will be a charge of €50 for each eligible children, but eligible children who hold a medical card will not have to pay the charge. If there are seats available, a child who is not eligible to use the transport, can use it for a fee of €200 per annum. Children on medical cards who are not eligible will also have to pay the €200 if a seat is available for them, but will pay nothing if they are eligible. The proposals are full of contradictions and are causing a huge problem in rural Ireland. I submitted a question on this issue to the previous Minister of State, former Deputy Seán Haughey, and he responded that under the four-year national recovery plan, some €4.5 million in savings would need to be secured in 2011, rising to €17 million in 2014, through a combination of increases in charges and the implementation of measures identified in the value for money review of the school transport scheme.
Is it intended that these measures will be implemented and are we talking about taking €17 million from the school transport scheme? Can the Minister of State provide a guarantee that he will look at this issue in a positive manner that will reassure people? A principal teacher at the meeting last night drew a diagram for us showing the radius of the respective schools and demonstrated that some two thirds of areas within that area were not eligible for transport. This is another problem. We face safety problems, eligibility problems and the 3.2 km problem, yet not one person at the meeting last night mentioned the cost of €50. I thank the Chair for taking this matter on the Adjournment.
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I thank Deputy Ferris for raising this matter.
The Deputy refers to the changes in the primary transport scheme announced in budget 2011 by the previous Fianna Fáil-Green Party Government. These changes derive from recommendations in the value for money review of the school transport scheme and relate to the introduction of charges, changes to the “closed school rule” and changes to the minimum numbers required to establish or maintain a service.
I will now give more detailed information on the proposed changes. With effect from the 2011-12 school year, a transport fee of €50 per annum will be introduced for eligible primary school pupils, with a maximum family charge for eligible primary pupils only of €110 per annum. Eligible children who hold a valid medical card are exempt from paying the charge. Evidence suggests that school transport charges compare very favourably with the charges being levied by the private sector. While the charges vary from area to area, some parents are paying between €20 and €25 per child per week, which equates to between €730 and €915 per child per school year at primary level. It is worth noting that the actual cost to the State of providing bus transport per child nationally is approximately €1,020 per annum.
As a consequence of the introduction of charges, parents now have to apply directly to Bus Éireann, which operates the school transport scheme on behalf of the Department, for school transport for their children. The charge is being introduced to ensure that school transport provided for eligible primary pupils is fully utilised in a cost effective manner.
The Deputy will be familiar with the closed school and central school rules for school transport eligibility purposes introduced in the 1960s in circumstances where a primary school or a [711]number of primary schools closed and were amalgamated. No time limit has been applied to the closed school or central school rule. In some cases, the primary school in question was closed up to 40 years ago and amalgamated with another school. In some instances, a newer school has subsequently been built in the general area of the original closed school. Under the current primary school transport scheme, however, the transport provided is to the amalgamated school only, even in circumstances where there is actually a newer school closer to the pupil’s home. A pupil in these circumstances is not eligible for free transport to the newer school.
With regard to forward planning policy to meet pupil places annually, the Department of Education and Skills assesses school accommodation needs in each area based on local demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet demand for places. The closed school rule can operate to distort parental decisions and results in pupils travelling longer distances than necessary were they to go to the nearest school.
The specific changes announced in the closed school rule are as follows. From the commencement of the 2011-12 school year, the distance criteria will be applied to all pupils attending primary schools and the exemption under the closed school rule will cease. This means that children who reside less than 3.2 km from the school of attendance and who are availing of free transport to that school under the closed school rule will no longer be eligible for school transport. From the 2012-13 school year, eligibility based on the closed school rule and the central school rule will cease for all new children entering primary schools. It is, however, important to emphasise that existing primary pupils availing of transport under the closed school rule will retain transport eligibility for the duration of their schooling, provided the requisite distance is met. Moreover, given that the change in question will not come into being until September 2012, all new pupils enrolling this September will be eligible under the closed school rule.
To put this issue fully into context drawing on the report of the value for money review of the school transport scheme, the following facts are relevant. In the 2009-10 school year, transport services under the closed school rule operated to more than 800 primary schools with almost 26,000 children, representing 54.4% of mainstream tickets issued, deemed eligible for school transport under this rule. According to sample studies undertaken for the value for money review estimates, applied nationally, in the majority of cases where such transport has been provided pupils already attend their nearest primary school. While the application of the closed school rule is referred to in these cases, it does not mean that they are not travelling to their nearest school. The transport of such a significant number of children, some of whom would not qualify for transport on the basis of the distance criterion alone, involves a cost.
Regarding the application of the distance rule, Bus Éireann is undertaking a detailed assessment of pupils attending each school concerned. Parents affected will be notified by Bus Éireann of changes to their transport eligibility with effect from the 2011-12 school year.
Families who are no longer eligible for school transport as they reside less than 3.2 km from the school of attendance may apply for concessionary transport, in circumstances where there are spare seats available when all eligible children have been catered for, on payment of the charge of €200.
Acting Chairman (Deputy Tom Hayes): The time is up now.
[712]Deputy Ciarán Cannon: I will quickly conclude. I want to address some of the points Deputy Martin Ferris raised.
Regarding the minimum numbers required to establish a service — this is particularly pertinent to the points the Deputy was making — the changes mean that services under the minimum numbers — either single services or which are part of double-tripping arrangements — will be discontinued. A pick-up density of pupils in a distinct locality on a particular route — increasing from the current minimum of seven to ten eligible children — will be required to establish or retain services. This brings the minimum numbers required to establish services back to 2002 levels.
Bus Éireann is undertaking a detailed examination of all such services to establish the routes in question and parents or guardians of pupils affected will be notified of changes in due course.
Deputy Jim Daly: I thank the Ceann Comhairle for allowing me to raise this issue. Most Members will be aware of the new Tús scheme that has been announced. It has been welcomed in many communities and we look forward to it being established and introduced. I have previously raised with the Minister and am glad to raise in the House that the eligibility criteria for applicants, especially for the position of supervisor, are excessively restrictive.
I will give some examples. One gentleman, who was unemployed from January 2010 until February 2011, commenced a FÁS course and as a result has now been told he is not eligible. In effect he appears to have been punished for taking on the FÁS course by being excluded from the recruitment process for supervisors for the Tús programme.
I received another query from a woman who was also very interested in the position of supervisor. She is currently signing on but not in receipt of job seeker’s allowance. She was means tested resulting in her no longer being eligible for job seeker’s allowance. That said, she was still allowed to sign on, keep her records alive and get credits. Officially she is unemployed but technically is not receiving a payment. However, she is ineligible to apply as a supervisor.
Another gentleman who telephoned me was in receipt of job seeker’s allowance for approximately 14 months and three weeks ago he was offered a full- time job, which he took. He is not happy there and not certain he wants to stay. He would be very interested in the supervisory position.
I understand the well-intentioned efforts of the Minister and her Department but the reality on the ground is that too many people have been adversely and unfairly affected by the excessively restrictive guidelines attached to this scheme. I respectfully request the Minister to take on board the evidence to date which suggests that a substantial number of eminently qualified and suitable applicants have been excluded from the competition for posts at both supervisory and participatory levels. I am particularly concerned about the effect the excessively prescriptive eligibility criteria will ultimately have on the success of the scheme owing to the negative effect it will have on the quality of the supervisors, who will be very important to the success of the scheme.
I understand that the number of applications for the very important supervisory positions have been below what was anticipated. This substantiates my argument that the Minister should re-examine the eligibility criteria for the positions.
It is extremely difficult for me to explain to a former site manager who worked in the construction sector and has unfortunately now been unemployed for more than 16 months that he is not eligible to apply for the position of supervisor because he undertook a FÁS course [713]to up-skill and improve his prospects of gaining employment. It seems ridiculous that the State would punish anyone for taking the opportunity to improve his or her prospects through FÁS training courses and that this would subsequently be used as grounds to exclude him or her from advertised positions such as those in the Tús programme.
I earnestly ask the Minister to address this anomaly to allow a fuller pool of candidates to apply for the positions advertised under the Tús programme, in particular the supervisory positions.
Minister for Social Protection (Deputy Joan Burton): I thank the Deputy for affording me the opportunity to discuss this matter.
Tús is a community work-placement initiative which will provide up to 5,000 short-term, quality work opportunities for those who have been unemployed for more than a year. The placements will be with community-sector organisations to support the delivery of their services. The Government has allocated €30 million for this initiative in 2011 with full-year costs growing to €100 million in 2012.
The first supervisors have been employed this week. Over the course of the next fortnight, the 100 or so supervisory or team leader posts will be filled and the first 60 or so participants will commence work with local development companies across the country. The criteria applying to recruitment to the supervisor or team leader position and to the selection of participants for work placements are the same. In order to qualify, a person must satisfy the following conditions. He or she must be unemployed and in receipt of a jobseeker’s payment for at least 12 months, currently in receipt of jobseeker’s allowance — this is the difficulty to which the Deputy refers — and fully unemployed.
As I have said before, this country faces many challenges at present with unemployment presenting a significant and urgent issue. The need has never been greater for innovative thinking and focus on how we can provide opportunities for those who have lost employment. Tús presents one of a range of opportunities to meet the Government’s aim of keeping people work ready and, at the same time, providing and supporting valuable support services in the community and voluntary sectors.
The availability of job opportunities, even short-term work placements with some financial incentives, is important. In addition to any financial benefit, we all know the benefits to the individual and his or her family of being involved in work.
The following are some of the key features of Tús. Some 5,000 work placements are being identified in the not-for-profit, community and voluntary sectors. Local development companies have been working to identify quality work placements within suitable organisations across a broad range of services of benefit to communities. Participants will be paid their social welfare entitlements plus an additional €20 per week. Those under 25 years of age will be paid the maximum jobseeker’s allowance plus €20 per week. This will make Tús attractive to this age group. Participants will work for 19.5 hours per week with some degree of flexibility in terms of the schedule of hours.
Recruitment to the supervisory or team leader positions with local development companies has been ongoing for some weeks.
These personnel will be in place shortly. The Department has in place arrangements to randomly select participants from the live register who meet the criteria. This selection will be undertaken at local level in co-operation with each of the local development companies.
[714]It is important that we maintain the focus on the long-term unemployed. For this reason, eligibility is at present confined to those on the live register for 12 months and in receipt of the jobseeker’s allowance. These provisions are to ensure a targeted approach to those currently affected by long-term unemployment. As with all new initiatives, the operation of the scheme, including the eligibility criteria being applied, will be kept under review and will inform the evaluation process in due course.
I listened to what the Deputy had to say with interest. If we need to extend the scope for the recruitment of supervisors, I will review the matter. The current criteria for the scheme are being addressed by my Department and individuals are interested. When I entered Government, I was very surprised to learn that, although there were 5,000 places in the Tús scheme, which was announced around the time of the budget, and a comparable number of supervisors, not one person had actually been engaged either as a supervisor or as a participant. I have been to Tullamore to meet the local development managers. I have met them here also and am really anxious that we get this scheme up and running. Based on what the Deputy said, I will keep the scheme under review to determine how it is progressing. I appreciate his insights and those of other Deputies.
Deputy Seamus Kirk: I thank the Ceann Comhairle for the opportunity to raise this most important issue. A significant employer in Dundalk, Vodafone, has in the past week or so announced significant job losses. At a time when job preservation is a clear priority everywhere, this is a serious blow to the town. Over 100 positions are to be lost because Vodafone is simply moving its operation out of the town to a location somewhere else across the globe where wages are apparently much lower. There will be a serious net loss for the local economy in Dundalk.
Dundalk is a trading town and the retail sector moves north or south depending on where the advantage lies. Consequently, jobs in this segment of the economy are always somewhat vulnerable. The loss of over 100 positions represents a major blow. Many of those employed felt they were in secure, reasonably well-paid employment and that they were in positions that would allow them to plan for the medium and longer term. Finding alternative employment is extremely difficult at this time.
The job losses are a very bad blow for Dundalk and it behoves the Government to focus on the town and County Louth as a whole. It must consider the industrial investment plans for the area and say to the locals that it realises the job losses represent a very severe blow. The town needs a replacement industry or employment opportunity as quickly as possible.
My clear understanding was that the outgoing Government had significant industrial projects in the pipeline for the town. I ask the Minister of State, Deputy John Perry, to elaborate on this and tell us when he expects those projects to be announced for Dundalk.
The local IDA Ireland office in the town is seriously undermanned. Owing to retirements, positions remain unfilled. While it is fine to call for the establishment of task forces, the reality is that the personnel employed in IDA Ireland and Enterprise Ireland are at the coalface of the efforts to attract foreign direct investment or investment generally to places such as the north east. If these offices are not manned and operating at full tilt, the prospect of industrial announcements and job creation will be somewhat diminished. I exhort the Minister of State to address this matter as quickly as possible with his Department. If the moratorium on recruitment is causing the blockage in the system, it needs to be addressed. We need to introduce flexibility to ensure senior management personnel are in the IDA Ireland and doing their best to ensure investment decisions are acted upon as quickly as possible.
[715]Minister of State at the Department of Enterprise, Trade and Innovation (Deputy John Perry): I thank the Deputy for raising this important issue on the Adjournment. Losing a blue-chip company such as Vodafone is a huge blow for the Dundalk region. I am very concerned about the job losses that have occurred in the area and about the impact they have had on the workers concerned, their families and the affected communities.
Job creation is central to our economic recovery, and the programme for Government has job creation at its core. The role of my Department is to ensure that we have the right policies in place that will support and grow our enterprise base in order to facilitate both job creation and job retention. The programmes supported by my Department and its agencies will be critical in achieving economic growth through promoting the export potential of enterprise in Ireland and driving our smart economy. The allocation of €508 million in funding for 2011 will ensure that the core programmes of the enterprise agencies are sustained and targeted in addition to driving investment in research and development. This investment in the enterprise development agencies will drive recovery in the economy by facilitating the winning of foreign direct investments, the growth of indigenous exports and the creation of sustainable jobs.
The State development agencies, Enterprise Ireland and IDA Ireland, as well as Louth County Enterprise Board, will continue to promote Dundalk and the surrounding area for industrial projects and enterprise development. These activities will, in turn, create and protect jobs in the area. I listened very actively to what Deputy Kirk stated about the very disappointing loss of a blue-chip company.
Enterprise Ireland will support job creation through a number of interventions, such as assisting the establishment and growth of high-potential start-up companies and supporting companies to target new opportunities in overseas markets. In 2010, Enterprise Ireland paid €6.4 million to companies in County Louth in the engineering, food, consumer products and ICT sectors. To date in 2011, Enterprise Ireland has paid over €650,000 to client companies in the county. At present, there are 181 Enterprise Ireland client companies in County Louth employing over 4,200 people. The agency has also approved funding for six community enterprise centres in County Louth, under the community enterprise centre scheme, which can be very successful in conjunction with the local partnership companies.
County Louth has the largest concentration of IDA Ireland-supported companies in the north-east region with more than 1,600 people employed in 23 companies. IDA Ireland is actively marketing County Louth for new inward investment, particularly the gateway town of Dundalk in addition to Drogheda. In 2011 to date, there have been 11 site visits to County Louth and the majority of these would have been to the Dundalk area. The region is being targeted by IDA Ireland for new investment in the pharma, clean technologies, globally traded businesses and financial services sectors. IDA Ireland has developed a major land bank at Mullagharlin, to the south of Dundalk. This is particularly targeted at bio-pharma type activities for which the town is being actively marketed. In addition, Finnabair Business Park has in recent years undergone major site development works to bring it up to flagship standard. Two of the buildings on the site are partially occupied, while the third is available for marketing.
Since its inception in 1993 to the end of 2010, Louth County Enterprise Board has issued over €5.2 million in grant assistance to almost 600 clients. There are nearly 900 people employed full time in CEB-assisted companies in County Louth. The board works with other agencies in the area to develop and assist enterprise projects. In this context, an enterprise centre for creative industries will begin construction in Dundalk in June with support from the board, Dundalk District Council, Enterprise Ireland and other funders, at a total cost of €1.52 million. This facility will provide 22 workspace units for new enterprises, in addition to training and communal networking space. From information currently available, Louth County Enterprise Board [716]has approved €172,000 in grant support to date in 2011 for 14 micro-enterprise projects, of which €107,500 was approved for seven projects in the Dundalk area. In addition, the board provides Start Your Own Business training, in which I am very interested, for 150 participants annually, in addition to running business training modules and seminars for small businesses in the county.
The jobs initiative announced on 10 May focuses our limited resources on measures that offer the greatest potential for expansion and employment creation in the domestic economy. It focuses on labour intensive areas that will generate jobs quickly. The intention of the measures announced is to target resources at key sectors of the economy that can assist in getting people back to work, provide opportunities for those who have lost their jobs to re-skill, and build the confidence that will encourage consumers to spend. The initiative represents a very positive intervention to support those entrepreneurs and business people who will create jobs and rebuild the economy.
My colleague, the Minster for Enterprise, Trade and Innovation, has announced new initiatives to get lines of credit flowing to business. This is the backbone of the economy. First, a partial loan guarantee scheme will be in operation by the autumn. This measure will be of particular help to the innovative companies we are trying to encourage as part of the growth strategy. For every €400 million guaranteed by the State an additional 4,500 companies can get further credit that will, in turn, create more than 8,000 jobs.
Second, a micro-finance fund will provide funding for small loans to start-up companies. We recognise that many start-up companies lack the small amounts of finance that can be the difference between success and failure. This commitment on a micro-finance fund is the Government’s contribution to filling this gap in the availability of enterprise finance in the market.
Third, from 1 July all Government bodies, excluding commercial semi-State bodies, will be required to pay suppliers within 15 days of receipt of a valid invoice. Given that the public sector enters contracts with suppliers worth €15 billion each year, the importance of such a policy becomes clear for all the companies which do business with the State.
The actions to be taken across government will stimulate the economy, facilitate enterprise and encourage job creation, including in County Louth. We very much appreciate the points the Deputy made in this regard.
———————— 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 to 13, inclusive, answered orally.
Questions Nos. 14 to 37, inclusive, resubmitted.
Questions Nos. 38 to 46, inclusive, answered orally.
47. Deputy Michael Colreavy asked the Minister for Health and Children the reason cancer services at Sligo General Hospital have not yet been restored; and if he will make a statement on the matter. [13458/11]
Minister for Health and Children (Deputy James Reilly): Sligo General provides a significant range of cancer services. These include surgery for non-melanoma skin cancer and colorectal cancer, and chemotherapy services. Sligo has also been selected as one of the 15 candidate colonoscopy centres for the colorectal cancer screening programme to be launched next year.
Chemotherapy is still provided to all cancer patients in Sligo. I am pleased to confirm that recruitment of a second permanent medical oncologist is in train. For breast cancer patients specifically, there is a specialist breast nurse in place and detailed clinical pathways have been worked out for Sligo patients presenting with post-operative infection or other conditions, so as to minimise the need to travel to Galway.
Breast cancer diagnosis and breast surgery are the only cancer services to have ceased at Sligo General. Since November 2009, women in the Sligo area are provided with breast cancer diagnosis and surgery at Galway. As one of the two designated centres for the HSE West region, Galway has a critical mass of expertise, sufficient throughput of cases and relevant multi-disciplinary specialist skills in cancer services which, as outlined by international evidence, achieve the best outcomes for patients. It is important to note that some 96% of women who attend the Galway unit do not have cancer, and only one visit is normally necessary. For the small number diagnosed with breast cancer, some 85% will require radiotherapy as well as surgery, which would involve treatment in Galway in any event. A survey that was undertaken at Galway last year showed that of those resident in Sligo, 95% described the Galway service as either good or excellent.
[718]I am continuing to explore with the National Cancer Control Programme how services can best be organised for the benefit of patients having regard to my commitment to putting quality at the heart of our healthcare system and to ensuring that quality and optimal care are paramount in decisions about the provision of services throughout the health system. I have recently met with Dr Susan O’Reilly, Director of the National Cancer Control Programme, and I will continue our discussions in this regard. My key concern remains the achievement of the best possible outcomes for patients generally and women in particular.
48. Deputy Robert Troy asked the Minister for Health and Children his plans to implement any significant changes in hospital funding methodologies during 2011. [13420/11]
Minister for Health and Children (Deputy James Reilly): This Government is embarking on a major programme of reform for the health system, the ultimate objective of which is to ensure equal access to healthcare based on need, not income. This objective will be achieved through a single-tier health service supported by universal health insurance.
One of the key elements of the reform programme is financial reform of the acute hospital sector. We have committed to introducing a “Money Follows the Patient” funding system for hospitals, which is more efficient than the current system of block grant allocations. Significant groundwork and careful planning is required in order to prepare the sector for “Money Follows the Patient”. However, there are a number of initiatives already underway in 2011 which will help underpin the development of a future “Money Follows the Patient” funding system. These include a project to develop a patient level costing process which involves tracing resources actually used by individual patients from the time of entry and admission to hospital until time of discharge. The HSE is also looking at alternative funding mechanisms for selected elective orthopaedic procedures.
The health reform process is a comprehensive and complex task that requires careful planning and sequencing. The introduction of “Money Follows the Patient” will have to be implemented in a phased manner which takes account of other elements of the reform programme. Of particular significance in this regard are the creation of a Special Delivery Unit to deal with waiting times, and the establishment of HSE hospitals as independent not for profit trusts.
49. Deputy Richard Boyd Barrett asked the Minister for Health and Children the way a person (details supplied) who is suffering from chronic illness and has been in receipt of a medical card for the past four years has been denied a medical card this year despite no increase in the household income; the way it can be the case that on appealing this they have been informed that the appeal could take four or five months; and if he will make a statement on the matter. [13441/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The person (details supplied) was refused a medical card as their means were in excess of the national income guidelines for such cards. However, their means were within the income guidelines for a GP visit card, and a GP visit card was granted. The person appealed the decision not to grant a medical card. During the appeal process the person retained their medical card. The person supplied additional information to the HSE for the appeal process and the result of the appeal was that a medical card was granted on grounds of “undue hardship”. The HSE informs me that the length of time an appeal takes can vary for each appeals office. The HSE was unable to provide an average waiting time as this data is not collected.
50. Deputy Seán Crowe asked the Minister for Health and Children his plans to improve the quality of the preschool year by implementing standards and reviewing training options; if he has an implementation plan for this; and the methodology that will be used to review training options. [9843/11]
Minister for Health and Children (Deputy James Reilly): The free Pre-School Year in Early Childhood Care and Education (ECCE) programme was introduced by this Department in January 2010 and provides a free pre-school year to all eligible children. Already, 94 per cent of children in the year before primary school are participating in the programme. Participating services are required to adhere to the principles of Siolta, the national framework for early learning, and are encouraged to implement Aistear, the national curriculum for children aged from birth to six years.
The ECCE programme also introduced a requirement for Pre-School Leaders to hold an early childhood qualification equivalent to a full FETAC Level 5 award. During the period January 2010 to August 2012, this requirement has been deemed to be met where a Leader holds the four core modules of the full Level 5 award. To assist staff in this category to meet the full requirement in advance of the September 2012 deadline, arrangements have been put in place by the Department to provide a subsidised training initiative over the course of the next 12 months. The accredited course is being delivered on-line and will be available outside of working hours.
A subsidy of €50 per module is being provided which will reduce the cost per module required to €125. Provision has been made for up to 400 students, taking up to 4 modules each, to avail of the training subsidy. The minimum levels of qualifications required under the ECCE programme are expected to increase over time, supported by opportunities for better and more flexible training provision to meet the needs of the existing workforce.
Looking to the longer term, the Workforce Development Plan for the Early Childhood Care and Education sector, published in December 2010 by the Early Years Education Policy Unit of the Department of Education and Skills, sets the scene for the future development of standards and training. It details the existing profile of the ECCE workforce and the qualification held as well as identifying the range of actions which need to be taken to upskill staff to enable them to fully engage with, and implement, the national practice frameworks for early learning of Síolta and Aistear. The Workforce Development Plan is overseen by the Department of Education and Skills and will involve actions by a wide range of agencies including FETAC, HETAC, the universities and education and training providers such as the Vocational Education Committees (VECs) and FÁS.
Since December 2010, the following steps have been taken:
51. Deputy Timmy Dooley asked the Minister for Health and Children the action he will take to recover funds which have been allocated to support primary care teams; and the number of primary care teams that are currently in operation. [13417/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The development of Primary Care Teams and Primary Care Centres is a priority under the Programme for Government. The aim is to provide up to 95% of health and social care in local communities. This will be achieved by increasing activity in the primary care setting and redirecting services away from acute hospitals to the community. The Health Service Executive has reported that 366 Primary Care Teams were operating by the end of March 2011 and providing services for over 2.9 million people. The HSE’s definition of an operating Team is one which is holding clinical team meetings on individual client cases, where GPs and HSE staff are involved.
These Primary Care Teams are at different stages of development with significant variations in the number of clinical team meetings held, the number of patients discussed and the number of Patient Care Plans agreed. It is a key priority for this Government that all Teams are fully functional. I have met with the HSE on a number of occasions in recent weeks and have asked HSE officials to make significant progress on this issue over the next 12 months. As a first step, the HSE has been asked to identify precisely how many Teams are currently fully operational.
52. Deputy Michael Moynihan asked the Minister for Health and Children the estimates for the public health impact of the implementation of the workplace smoking ban. [13424/11]
Minister for Health and Children (Deputy James Reilly): Since the introduction of the workplace smoking ban in March 2004, compliance with the legislation has consistently been over 96% indicating the success of this important public health measure. In 2005 the Research Institute for a Tobacco Free Society examined the effect of the workplace ban on environmental tobacco smoke (ETS) exposure in 42 Dublin bars and among 73 bar workers. The study found an 83 percent reduction in air pollution in bars, an 80 percent decrease in airborne carcinogens for patrons and staff, and an improvement in the respiratory health of bar workers.
The self-reported workplace exposure to ETS was over 40 hours per week pre-ban, but dropped to about 25 minutes post-ban, showing a 99 percent decrease in exposure. These results confirm the success of the total ban on smoking in the workplace. Based on this research the European Respiratory Society in Brussels estimated that if all European countries were to adopt a similar policy, between 5 to 10 million premature deaths from smoking could be prevented over the next generation.
A study presented in 2011 on hospital admissions due to acute pulmonary disease found that emergency admissions due to respiratory illness dropped significantly in Ireland after the implementation of the workplace smoking ban. The most significant reduction was in emergency admissions due to cardiopulmonary disease, an illness that affects both the heart and lungs. Admissions among these patients went down by 13 percent after the workplace ban. http://searchtopics.independent.ie/topic/Coloradohttp://searchtopics.independent.ie/topic/COPD This study further emphasises the benefit of reducing exposure to ETS and the extent to which the implementation of the workplace ban improves general health.
Despite these considerable improvements as a result of the workplace ban, I must acknowledge that I am somewhat disappointed that the smoking prevalence rates have not reduced [721]more significantly since the introduction of the ban. My Department is currently undertaking a review of tobacco policy. This review, when completed, will include proposals aimed at further reducing smoking initiation and prevalence rates.
53. Deputy Jonathan O’Brien asked the Minister for Health and Children when the review being carried out by him into the transfer of services at the Orthopaedic Hospital, Cork, will be completed; and if he will make a statement on the matter. [13459/11]
Minister for Health and Children (Deputy James Reilly): I am committed to ensuring that acute hospital services at national, regional and local level are provided in a clinically appropriate and efficient manner. In particular I want to ensure that services are provided safely and in the setting most appropriate to patients’ needs. I want to see a health system that is providing a service quickly, efficiently and safely. I have made it clear to the HSE since I became Minister that I expect to be briefed on any plans to withdraw services and pending such briefing I have instructed the HSE not to withdraw services.
I believe we have to be open and transparent in how we approach these matters and in making sure that people are consulted and are aware of what is happening. I also believe there must be strong clinical leadership at the head of the development of hospital networks. In order to fully consider the issues involved, I have recently held discussions with the Health Service Executive including senior clinicians, on the organisation of acute services in the Cork/Kerry network. One of the issues discussed was the possible relocation and expansion of regional orthopaedic services.
I believe that the plan for the acute hospital services in Cork and Kerry has been developed in a inclusive and open manner and will result in improved and increased services for the region as a whole. This will include extra operating capacity and, crucially, the re-establishment of paediatric orthopaedic services in the Cork and Kerry region. There will be extra operating capacity in the network and paediatric orthopaedic surgery will be available again in Cork for the first time since 2008. Children will no longer have to travel to Dublin for these services.
I am awaiting some further clarification on the future role of St Mary’s Orthopaedic Hospital. As for all acute services, I believe that we should look at the future of the hospital in the wider context of hospital networks, functioning as part of a coordinated system and, in this case, as a health campus serving the local community.
54. Deputy Sean Fleming asked the Minister for Health and Children the steps he has taken towards the establishment of the special delivery unit aimed at improving access to the emergency and elective care system. [13413/11]
Minister for Health and Children (Deputy James Reilly): As Minister for Health, I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. The Government is committed to establishing a Special Delivery Unit (SDU) to improve access to the emergency and elective care system. Extensive work is currently being undertaken in designing the Unit, which will be modelled, in part, on the successful special delivery unit in Northern Ireland that substantially reduced waiting lists over two to three years.
55. Deputy Gerry Adams asked the Minister for Health and Children when the proposed referendum on children’s rights will be held. [8369/11]
[722]Minister for Health and Children (Deputy James Reilly): One of the priorities of the programme for Government is to hold a referendum to amend the Constitution to ensure that children’s rights are strengthened, along the lines recommended by the All-Party Oireachtas committee. The Minister for Children and Youth Affairs is currently considering this issue, with the Attorney General, and will bring it to Government in the coming months. A specific date for the Referendum has not yet been agreed.
56. Deputy Billy Kelleher asked the Minister for Health and Children if he will respond to plans by the Health Service Executive to cut an additional €17.59 million across all services in the mid-west region including €5 million in funding for primary care services; and if he will make a statement on the matter. [13411/11]
Minister for Health and Children (Deputy James Reilly): The Health Service Executive is not planning to cut funding for the HSE West (Mid West Area) in 2011. The budget for health services in the Mid West Area for this year was allocated in January at €605m and this remains unchanged. What is apparent from the April accounts is that the Mid West Area is overspending by approximately €4m a month for the first four months of this year. While service pressures are highest in the 1st Quarter, it is clear that corrective action is urgently required to address what is potentially a major financial problem.
The core objective in the Mid West Area remains the delivery of the 2011 service plan activity and performance targets. These provide for a similar volume of services to that provided in 2010, but within the budget allocated for this year. A range of cost containment plans and control measures have been prepared by management in order to address the financial challenge. These measures are targeting non front-line service areas in the first instance in order to ensure that services for patients and clients are protected. This includes measures to improve productivity, secure better procurement and value for money and deliver efficiencies under the Croke Park Agreement.
The package of cost containment plans with a value of €17m in the current year includes measures to address areas such as:
All areas of expenditure and income generation are being examined across the services to ensure that maximum value for money and efficiency is being achieved. Measures that do not [723]have front line service implications are being implemented in the first instance. Measures that have a potential to impact on front line patient or client services will only be considered following a full evaluation and impact assessment and consideration at a national level.
57. Deputy David Stanton asked the Minister for Health and Children the progress he has made in relation to beginning a health study for the Cork Harbour region; when he expects such a study to be under way; and if he will make a statement on the matter. [13407/11]
301. Deputy Sandra McLellan asked the Minister for Health and Children his plans to investigate the relationship between the toxic waste at the former ISPAT site at Haulbowline, County Cork, and general population health in the surrounding area; if he will conduct such an investigation; and if he will make a statement on the matter. [13263/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 57 and 301 together.
At the outset, I would like provide some details as to what has happened to date in regard to this matter. In 2008, the Minister for the Environment, Heritage and Local Government commissioned an independent report on the site conditions at Haulbowline. The assessment involved analysis of soil, slag, dust, surface and ground water samples for all likely contaminants to determine if there was a threat to human health or the environment and to assist in securing the site from a health and safety perspective pending the Government’s decision as to its future use. The report was published in late 2008 and, based on the monitoring works undertaken, concluded that there were no identified risks to the residential inhabitants of Cork Harbour associated with the presence of waste materials at the East Tip on Haulbowline Island. In the light of this finding, the then Minister for Health and Children confirmed that it was not proposed to conduct a baseline health survey for the Cork Harbour region.
The Department of the Environment, Heritage and Local Government continues to oversee an annual Dust Impact Assessment Report in relation to the Haulbowline site. The 2010 report, published in March 2011, stated that “overall it can be concluded that the site activities on the former Irish Steelworks Site at Haulbowline, Cobh, is having no significant impact on the receiving environment in terms of fugitive dust emissions”. I visited Cork on 29 April 2011 and during my visit the matter of the Haulbowline site was raised directly with me. Following on from this, and bearing in mind the extensive nature of the investigations undertaken to date, I have asked the Chief Medical Officer of my Department to advise me if the matter should be investigated further. I expect the Chief Medical Officer’s consideration of this matter will be completed within 4-6 weeks.
58. Deputy Catherine Murphy asked the Minister for Health and Children his views on whether community engagement through volunteering is an effective way to respond to the problem of suicide; and if he will make a statement on the matter. [13279/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): The evidence base for the use of volunteers in the delivery of services is not extensive. However, there are some reports of instances where the presence of volunteers in health care facilities improves the patient’s experience of the facility and their time in it. There is also some evidence that volunteering can have positive health effects, particularly for older people. For my own [724]part, I believe that the great strength of voluntary activity is that it emerges from within our communities and is therefore a unique manifestation of community spirit. It reflects a sense of belonging to the community and a willingness to accept social responsibility.
Reach Out, our National Strategy for Action on Suicide Prevention, recognises that the voluntary sector and community groups have an important role to play across all aspects of suicide prevention, from health promotion to crisis interventions and bereavement support. There are many local groups working in suicide prevention which have been established as a result of a personal or community tragedy. These groups have a significant role to play in bringing enthusiasm and a measure of personal experience to this difficult area.
I am of the view that all local voluntary efforts should be coordinated through professional structures such as the local resource officers for suicide prevention in the HSE, as it is important that these voluntary groups understand the difficulties and potential dangers of working with vulnerable people. The HSE’s National Office for Suicide Prevention delivers various training programmes to volunteers and staff of voluntary organisations and community groups working in the area of suicide prevention.
59. Deputy David Stanton asked the Minister for Health and Children his policy in relation to the treatment of persons with diabetes in particular any proposals he has to improve policy in relation to young children and adolescents; and if he will make a statement on the matter. [13406/11]
Minister for Health and Children (Deputy James Reilly): The HSE established a National Clinical Programme for Diabetes within the Clinical Strategy and Programmes Directorate. A clinical lead is in charge of the programme and a multidisciplinary working group, representing a number of nursing and allied health professionals, podiatrists and GPs, as well as the Diabetes Federation of Ireland are working through a number of key projects. The key deliverables for the 2011 programme are the implementation of projects such as Diabetes Retinopathy Screening and a multi-disciplinary foot care package for patients with Diabetes. The HSE has also established a National Clinical Programme for Paediatrics, which will examine in detail the whole area of improved services for children and adolescents and develop solutions to address the issues identified.
60. Deputy Sandra McLellan asked the Minister for Health and Children if his attention has been drawn to delays in respect of audiology referrals at Waterford Regional Hospital with patients waiting for a minimum of three years; if he will furnish details of the numbers of persons on regional waiting lists; and if he will indicate the action he will take to reduce waiting times [13462/11]
Minister for Health and Children (Deputy James Reilly): The HSE recently published the report of the National Audiology Review Group. The report contains a comprehensive set of recommendations to address the inconsistencies and inadequacies in audiology services. Work is now underway to improve access and deliver high quality, consistent audiology services around the country. In addition to the estimated €11 million exchequer funding available for audiology services annually, this year the HSE is investing an additional €3.7 million to begin the implementation of the recommendations of the Review Group. This will provide for the [725]first phase of a National Newborn Hearing Screening programme, which will commence in Cork later this month, and for the appointment of a number of key posts to lead the development of audiology services nationwide.
In relation to audiology services in the south east, Waterford Regional Hospital is the main unit for referrals in the region. Paediatric third tier screening is provided at Waterford Regional Hospital by an audiological scientist. The service is experiencing some difficulty at the moment due to sick leave. Recruitment of a locum scientist is underway through the regional disabilities office in Cork. The HSE plan to employ additional scientists for the neonatal screening service and to assist with third tier screening waiting lists.
As Minister for Health, I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. The Government is committed to establishing a Special Delivery Unit (SDU) to improve access to the emergency and elective care system. The SDU is a Government priority and is one of the commitments from the Programme for Government 2011-2016 to be achieved within the first 100 days. Extensive work is currently being undertaken in designing the Unit, which will be modelled, in part, on the successful special delivery unit in Northern Ireland that substantially reduced waiting lists over two to three years.
Details in respect of the audiology national waiting lists as of June 2010 are set out below.
61. Deputy Seán Ó Fearghaíl asked the Minister for Health and Children the next set of priorities under the national strategy for cancer control. [13415/11]
Minister for Health and Children (Deputy James Reilly): A Strategy for Cancer Control in Ireland, containing 55 recommendations, was published in 2006 and significant progress has been made in implementing these recommendations. The focus of the Strategy is on the development of a culture of quality, measurement, outcomes, education and research and increased service capacity. The National Cancer Control Programme (NCCP) was established by the HSE in 2007 to give effect to the Strategy and is working to ensure that designated cancer centres for individual tumour types have adequate case volumes, expertise and concentration of multi-disciplinary specialist skills to optimise patient outcomes.
The NCCP has made considerable progress in centralising surgical services into the eight designated cancer centres and in the reorganisation and enhancement of services. As well as the centralisation of breast cancer diagnosis and surgery, its reorganisation of lung and prostate cancer diagnosis and surgery is almost complete, including the establishment of Rapid Access Diagnostic Clinics in most cancer centres. In addition, significant progress has been made in the reorganisation of rectal cancer surgery; a National Centre for pancreatic surgery has been established in St Vincent’s with a satellite unit in Cork; and brachytherapy for ocular cancer is now in place in St. Luke’s Hospital in conjunction with the Royal Victoria Eye & Ear Hospital.
In relation to screening, BreastCheck provides free mammograms to all women aged 50-64. A priority in the Programme for Government is that screening will be extended to cover the age range 65 — 69. CervicalCheck provides free smear tests to women aged 25 to 60 years. The national HPV vaccination programme commenced in May 2010. During 2010 all girls in second year of school and those who entered first year in September were offered HPV vaccination. I recently announced plans for a catch-up programme for girls in secondary school, as also provided for in the Programme for Government. This will result in all unvaccinated girls in the senior cycle of second level schools being offered the HPV vaccine. In addition, preparations for the introduction in 2012 of a national colorectal cancer screening programme are at an advanced stage.
Notwithstanding the achievements above, the further reorganisation of acute cancer services is a work in progress and will continue to be given high priority. Lifestyle choices can reduce the risk factors for many diseases including cancers. This issue spans a number of policy areas across my Department. In this context the Office of the Chief Medical Officer is preparing a framework for Public Health Policy. This initiative will form the basis of our future public health policy and health care programmes. It will promote healthier lifestyles, as well as improv[727]ing the environment where we live and work. It will also help prevent the emergence of risk factors and reduce chronic diseases and their burden to families and society.
62. Deputy Timmy Dooley asked the Minister for Health and Children in view of responsibility for drugs being transferred from the Department of Community, Equality and Gaeltacht Affairs to his Department, if he will outline his strategy for tackling the drugs problem; and the way he will address concerns that the area has been removed from a community development context for the first time in 16 years. [13416/11]
84. Deputy Seán Crowe asked the Minister for Health and Children if he will agree to immediately appoint a Minister with sole responsibility for the national drugs strategy in order to show a public commitment to communities across Ireland, that are forced to live on a daily basis with the ongoing drug crisis, that he is determined to stop the widespread proliferation of illegal drugs into communities here. [8363/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): I propose to take Questions Nos. 62 and 84 together.
The Government decided to transfer the functions of the former Department for Community, Equality and Gaeltacht Affairs in relation to the National Drugs Strategy to the Department for Health with effect from 1 May 2011. The Minister has asked me to take the lead role in this area.
The Government is committed to addressing problem drug use in a comprehensive way, as is clear from the Programme for Government (Government for National Recovery 2011-2016). Our overall strategic objective is to tackle the harm caused to individuals and society by the misuse of drugs through a concerted focus on supply reduction, prevention, treatment, rehabilitation and research. The actions set out in the National Drugs Strategy 2009-2016 facilitate a planned and monitored approach to achieving the overall strategic aims. The implementation of these actions are being pursued vigorously across a range of Departments and Agencies in conjunction with the community and voluntary sectors. Progress will be reviewed on an ongoing basis.
63. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when the contracts between the Health Service Executive and clinical dental technicians will be finalised; and if he will make a statement on the matter. [13454/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The Health Service Executive (HSE) plans to proceed with contracts for services with Clinical Dental Technicians and is due to meet their representative body shortly to discuss any outstanding issues.
64. Deputy Peadar Tóibín asked the Minister for Health and Children if he will reverse the cutbacks to dental treatment schemes; and if he will make a statement on the matter. [13463/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): Given the current difficult position of the public finances, the budget for the Dental Treatment [728]Services Scheme (DTSS) has been capped at the 2008 level of €63 million. While it is not possible to increase spending on the DTSS, the HSE is working to ensure that patients with special needs, high risk patients and those who have greater clinical needs are prioritised for treatment.
65. Deputy Liam Twomey asked the Minister for Health and Children the policies he will be implementing to ensure that there will be enough qualified general practitioners to ensure the smooth roll-out of the primary care policy as announced in the programme for Government; and if he will make a statement on the matter. [13281/11]
66. Deputy Pearse Doherty asked the Minister for Health and Children the action he proposes to take to increase the number of general practitioners, GPs; the numbers of GPs in the medical card scheme; and if he will make a statement on the matter. [13465/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): I propose to take Questions Nos. 65 and 66 together.
There are some 2,600 General Practitioners (GPs) in active practice (full and part time) in the State with another 300 doctors working as locums. On 5th May 2011, the HSE had contracts with 2,276 GPs for the provision of services to medical card and GP visit card patients under the General Medical Services (GMS) Scheme. The Programme for Government provides that during the term of this Government, GP training places will be increased, GPs will be encouraged to defer retirement and GPs will be recruited from abroad. In addition, the EU/IMF programme provides for the elimination of restrictions on the number of GPs qualifying and the removal of restrictions on GPs wishing to treat public patients.
With effect from 1st July 2010, the number of GP training places increased from 120 to 157 per annum. The GP training programme is of four years duration — two years spent in hospital posts and two years in an approved general practice. One of the enabling steps which resulted in the increase to 157 training places was the setting up of an additional GP training programme in Dublin’s North Inner City, an area identified by both the Irish College of General Practitioners (ICGP) and the HSE as requiring additional GPs. The HSE is in discussion with the ICGP to identify a fast track mechanism of up-skilling doctors who are not eligible for GMS contracts because they are not fully qualified.
The EU/IMF programme provides for the removal of restrictions on GPs wishing to treat public patients by the end of the 3rd quarter in 2011. The Department is preparing proposals for consideration by the Government in relation to this commitment.
In relation to GP retirement, it is worth noting that GPs who hold a contract or contracts under the GMS Scheme and/or the Maternity and Infant Care Scheme and/or the Primary Childhood Immunisation Programme may from 1st October 2009 continue to hold their contract(s) until their 70th birthday. Similar arrangements also apply to new contract holders. At the end of April 2011, 24 GPs who were due to retire in 2009/2010 and 11 who were due to retire in 2011 had benefited from this extension. It is also intended that additional practice nurses will be employed and will be able to undertake certain work currently carried out by GPs.
All vacant GMS posts are advertised on the HSE website. It is expected that the removal of restrictions on access to GMS contracts will provide an incentive for GPs from abroad to come [729]to practice here. The continued expansion of Primary Care Teams and Primary Care Centres will also assist in attracting GPs.
67. Deputy Billy Kelleher asked the Minister for Health and Children the time line for abolishing restrictions on general practitioners who wish to obtain general medical service contracts; and when he will introduce legislation reducing the rate of remuneration for GPs. [13412/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The EU/IMF programme provides for the introduction of legislative changes to remove restrictions to trade and competition in sheltered sectors by the end of the 3rd quarter in 2011, including removing restrictions on GPs wishing to treat public patients. The Department is preparing proposals for consideration by the Government in relation to this commitment.
During 2009 and 2010, fees payable to certain health professionals were reduced under the Financial Emergency Measures in the Public Interest Act 2009 (FEMPI). In relation to General Practitioners (GPs), S.I. No. 262 of 2009 came into effect on 7th July 2009. This applied an 8% reduction to a range of GP fees and allowances, which resulted in a full year saving in the region of €34 million. S.I. No. 638 of 2010 came into effect on 22nd December 2010. This applied various reductions to a range of GP fees and allowances, which will result in full year saving in the region of €44 million.
68. Deputy Charlie McConalogue asked the Minister for Health and Children the way the new child welfare and protection agency promised in the programme for Government will be established; the process involved; and a time line for each of the steps to be undertaken. [13419/11]
Minister for Health and Children (Deputy James Reilly): The Government is committed to fundamental reform of the delivery of child protection services and in this context a new agency with dedicated responsibility for this service is to be established. Preliminary work has commenced on a range of matters relating to the establishment of the new agency including consideration of the various functions to be discharged, the legal framework necessary to underpin the establishment of the agency and the associated governance and staffing arrangements. Minister Fitzgerald will make a further announcement in this regard at an early date.
69. Deputy Richard Boyd Barrett asked the Minister for Health and Children the way he proposes to maintain services at St. Columcille’s Hospital, Loughlinstown and at all other health centres in Wicklow and south County Dublin, in view of the proposed redeployment of a number of staff under the Croke Park deal; and if he will make a statement on the matter. [13442/11]
Minister for Health and Children (Deputy James Reilly): The HSE recognises that it is of paramount importance that there is no impact on services to patients as a result of the recent redeployment of staff from St. Columcille’s Hospital, Loughlinstown and community services. This redeployment is being carried out in line with the agreed health sector redeployment protocol, provided for under Chapter 6 of the Public Service Agreement. This protocol allows for the redeployment of staff, in order to maximise the efficient and effective deployment of resources, while also recognising the rights, entitlements and needs of employees, and ensuring [730]commitment to the development and maintenance of positive working environments. Individuals also have the right to appeal their redeployment.
All areas within the HSE are subject to essential redeployment, with the exception of some agreed key posts. The HSE is committed to the maintenance of front-line, essential services at these locations. To that end, staff which are being redeployed in these locations are those engaged in administrative duties, rather than working in front-line service delivery.
To date, the HSE report that there has been considerable co-operation with the transfer of services and staff. However, it is inevitable that there will be some issues that will need to be further reviewed and managed, within the community and hospital setting. At this juncture, it is not possible for the HSE to determine the overall impact, until all redeployments and appeals have been completed but HSE management will continue to work with staff throughout this exercise.
70. Deputy Robert Troy asked the Minister for Health and Children if he has given any instructions to the Health Service Executive regarding the retention of any acute hospital service in any part of the country. [13421/11]
Minister for Health and Children (Deputy James Reilly): I am committed to ensuring that acute hospital services at national, regional and local level are provided in a clinically appropriate and efficient manner. In particular I want to ensure that as many services as possible can be provided safely in smaller, local hospitals. We need to ensure the most appropriate organisation of acute services in each region. I believe that the clinical programmes being developed by the HSE are vital in this regard. These inter-related programmes aim to improve service quality, effectiveness and patient access and to ensure that patient care is provided in the service setting most appropriate to individuals’ needs.
In addition, in order to address the issues which are causing unacceptable delays in patients receiving treatment in our hospitals, I am prioritising the establishment of a Special Delivery Unit as promised in the Programme for Government 2011-2016. Extensive work is currently being undertaken by my Department in designing this Unit, based on a similar initiative in Northern Ireland which substantially reduced waiting lists over two to three years.
I made it clear that I expect to be briefed by the HSE where there are any proposals to withdraw services from individual hospitals. The Secretary General of my Department has written to the CEO of the HSE asking him to make the necessary arrangements and briefings are in train from senior management in the HSE. I have also made it clear that patient safety must be the overriding priority. I want patients to be treated at the lowest level of complexity that is safe, timely, efficient and as near to home as possible. These are the factors which will inform our future decisions on the provision of acute hospital services.
71. Deputy Dessie Ellis asked the Minister for Health and Children if he and/or the Health Service Executive has sought to ascertain the extent to which charges are being levied inappropriately on medical card patients by general practitioners, for example, for blood tests; the action he proposes to take to eliminate this practice; and if he will make a statement on the matter. [13456/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): Under the General Medical Services (GMS) contract, a general practitioner (GP) is expected to [731]provide his/her patients who hold medical cards or GP visit cards with all proper and necessary treatment of a kind generally undertaken by a GP. Where blood tests form part of the investigation and necessary treatment of patients’ symptoms or conditions, these should be provided free of charge to medical card and GP visit card holders. The HSE also points out that, in many GP surgeries, it is the practice nurse who takes blood samples. The HSE significantly subsidises the cost of employing practice nurses.
I would be most concerned if it were to emerge that GMS patients are being charged inappropriately by GP contractors. If the HSE is made aware of specific cases where GMS patients are being charged by GP contractors, it will arrange to have such cases investigated as appropriate. A report has been requested from the Primary Care Unit Managers in the HSE on the extent of complaints received and the status of same.
72. Deputy Clare Daly asked the Minister for Health and Children the number of staff employed in the Health Service Executive; the way that compares with the numbers employed in March 2008 before the moratorium on recruitment; and if he will make a statement on the matter. [13409/11]
Minister for Health and Children (Deputy James Reilly): Employment Control Frameworks (ECFs) have been used for a number of years in the health sector to control numbers employed in line with Government policy. The current ECF provides for the moratorium on recruitment (introduced in March 2009) in order to achieve the reduction targets specified in the frameworks. However, it also provides for targeted growth in a number of specified grades to allow key front line services to be maintained, insofar as possible, and to support the development of services in relation to disability, mental health, cancer and child care. These exemptions are subject to certain conditions being met by the HSE and employers concerned.
The table sets out the numbers employed in the public health service before and after the introduction of the moratorium on recruitment in March 2009.
73. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which adequate nursing and medical staff is available throughout the public and private hospital sectors; the extent to which the facilities in either sector are currently in abeyance or for whatever reason not functioning; if closure of wards or beds particularly affects the public and private sector to a lesser or greater extent; the action he will take to address issues arising; and if he will make a statement on the matter. [13402/11]
[732]Minister for Health and Children (Deputy James Reilly): The National Service Plan 2011 commits the HSE, within the limits of its Voted allocation of €13.456bn, to delivering activity levels for 2011 which are broadly in line with 2010 levels. This is being facilitated by the continued pursuit of improved efficiency in the way acute hospital services are delivered. In particular, the focus is on reducing inpatient care activity levels through the provision of more appropriate service responses, delivering a shift to care on a day case basis where appropriate, and on performance improvements such as surgery on the day of admission and reducing inappropriate lengths of stay. Specific targets under these headings are included in the HSE’s 2011 National Service Plan.
In order to maintain tight control on the cost of providing public services while protecting front-line services as far as possible, the 2011-2014 Employment Control Framework for the health sector is designed to reduce the numbers of management and administrative staff and non-frontline staff employed. The Framework obliges the HSE to achieve specified annual reductions in numbers.
The Framework also allows the redeployment of staff from the Hospital and HSE Corporate settings to the Primary Community and Continuing Care settings, to facilitate the development of integrated health care. However in this context the Framework allows for the targeted growth of certain grades which are exempt from the moratorium on recruitment (including Medical Consultants, Physiotherapists and Advanced Nurse Practitioner/Clinical Nurse Specialists). It also provides for the filling of non-exempted posts on exceptional grounds in order to maintain essential services and to meet priority service change/reorganisation requirements.
The information I have provided to the Deputy refers only to the public health system. My Department does not have a role to play in relation to staffing levels in the private sector; therefore I am not in a position to comment on private hospital staffing levels or services in this regard.
74. Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children when he will meet his counterpart in the Six Counties to address the potential for greater all-Ireland co-operation in health care; and if he will make a statement on the matter. [13460/11]
Minister for Health and Children (Deputy James Reilly): Both Health Ministers meet under the auspices of the North-South Ministerial Council. I plan to attend the next North-South Ministerial Council Plenary meeting scheduled for 10 June. A North-South Ministerial Council health sectoral meeting will be scheduled for the coming months. This will provide a specific opportunity to review existing arrangements for co-operation in health and explore areas for collaboration where mutual benefit for both populations is demonstrated.
75. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if he will take immediate action to address the 12 to 18 month waiting lost for endoscopy at Crumlin children’s hospital, Dublin; and if he will make a statement on the matter. [13455/11]
Minister for Health and Children (Deputy James Reilly): A statement on the issue of waiting times for endoscopies was issued by Our Lady’s Children’s Hospital, Crumlin on 24 May 2011. A copy of this statement was forwarded to my office on the same day. There has been a very significant increase nationally in the number of children presenting to Crumlin Hospital with possible bowel diseases which has led to an increased demand for diagnostic endoscopies.
[733]The hospital has provided extra theatre time to consultants to carry out additional endoscopies in 2010 and 2011. Despite extra theatre time being made available, there remains a challenge to keep pace with growing demand for these procedures. In order to address this challenge, the hospital is taking a number of further steps. The Clinical Director for the three Dublin children’s hospitals has been working to identify opportunities available over the three sites to improve capacity for endoscopies.
Crumlin Children’s Hospital is also making use of the National Treatment Purchase Fund (NTPF) to address the waiting time issue. In 2010, the hospital referred 45 patients for endoscopies to the NTPF. This year, to date, the hospital has referred a further 40 patients to NTPF. The hospital is currently carrying out a validation exercise in relation to waiting lists for endoscopies. The Clinical Director and senior hospital management are actively working with the Gastroenterology Service in Crumlin in relation to the waiting list process for endoscopies. I have been assured by the hospital that all patients are assessed and prioritised on the basis of their clinical needs.
76. Deputy Dara Calleary asked the Minister for Health and Children if he has commissioned any external studies regarding the implementation of universal health insurance. [13423/11]
Minister for Health and Children (Deputy James Reilly): This Government is embarking on a major reform programme for the health system, the ultimate objective of which is to ensure equal access to healthcare based on need, not income. This objective will be achieved through a single-tier health service supported by universal health insurance. The health reform process is a comprehensive and complex task that requires careful planning and sequencing. I have not commissioned an external study regarding the implementation of universal health insurance. Rather, officials in my Department are currently giving careful consideration to the reform programme with a view to developing implementation proposals.
As part of this process my officials organised a seminar on Universal Health Insurance which was attended by experts from the Dutch Health Ministry, the World Health Organisation and the European Observatory on Health Systems and Policies. Furthermore, next month, my officials will be undertaking a study visit to the Netherlands to examine in more detail the Dutch health reform programme. A similar visit to Germany is also in the process of being arranged. Such seminars and visits provide an important opportunity for my officials to understand the achievements and learnings associated with the Dutch health reforms as well as considering international best practice in healthcare reform.
It is envisaged that there will be ongoing examination of the experience of health reform in a range of countries. It is worth noting however, that this Government’s reform implementation proposals will be designed to fit the Irish system and to obtain the best outcomes for Irish patients.
77. Deputy Charlie McConalogue asked the Minister for Health and Children if he remains committed to the time line provided in an interview on a programme (details supplied) during a recent visit to County Donegal of holding the children’s referendum within the next 12 months. [13418/11]
Minister for Health and Children (Deputy James Reilly): One of the priorities of the programme for Government is to hold a referendum to amend the Constitution to ensure that children’s rights are strengthened, along the lines recommended by the All-Party Oireachtas [734]committee. The Minister for Children and Youth Affairs is currently considering this issue, with the Attorney General, and will bring it to Government in the coming months. A specific date for the Referendum has not yet been agreed.
78. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if he will reverse the pay cut, imposed without consultation or agreement, on fourth year undergraduate nurses and midwives undertaking the rostered clinical placement; and if he will make a statement on the matter. [13453/11]
Minister for Health and Children (Deputy James Reilly): I have approved a review of the decision to abolish payments to student nurses during their 4th year pre-registration rostered placement. The nursing unions have been invited to contribute to the review process. My Department has advised the unions that submissions will be accepted up to the 3rd June, 2011.
79. Deputy Sean Fleming asked the Minister for Health and Children when he expects the Health Service Executive to complete an investigation into the way an unregistered nurse was able to continue practising at Letterkenny Hospital, County Donegal; and if it has been confirmed to him that no other such cases exist around the country. [13414/11]
Minister for Health and Children (Deputy James Reilly): The HSE has appointed two independent experts, both with many years experience in nursing practice, to carry out a review into this matter. The investigation commenced on the 5th of May and it is anticipated that it will be complete, at the latest, by the 1st August.
The responsibility to register with An Bord Altranais is a matter for each individual nurse as a member of the nursing profession. In addition, each practising nurse is required to renew their registration with An Bord Altranais on an annual basis. The review will seek to establish why the necessary processes and checks, in keeping with HSE policy, did not identify that this individual’s registration had lapsed. Since becoming aware of this issue the HSE has checked, and is satisfied, that all nurses working in other Sexual Assault Treatment Units around the country are actively registered.
In addition, an extensive check across all HSE services is underway to provide an assurance that nurses who have been removed from the register, maintained by An Bord Altranais, are not practising within the HSE. As a result, a very small number of cases across the country were identified where registrations had lapsed for varying degrees of time; all of the nurses are now back on the register. The matter of more expediently identifying and dealing with these cases, as they arise, is currently being addressed.
80. Deputy Pearse Doherty asked the Minister for Health and Children the number of civil and public servants who have a general practitioner visit card; the number of civil and public servants who have a medical card; and if he will make a statement on the matter. [9666/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): Applicants for a medical card or a general practitioner visit card are not required to provide a description of their occupation. The information sought by the Deputy cannot be provided as it is not collected from medical card applicants.
81. Deputy Clare Daly asked the Minister for Health and Children with regard to the fair deal scheme, if he will provide the exact amount paid out by the Health Service Executive to private nursing homes since the beginning of the scheme; the exact amount received from elderly persons in receipt of the State aid in the same period; and if he will make a statement on the matter. [13408/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): The HSE has paid over €740 million to private nursing homes between October 2009 and April 2011. This includes payments in respect of contract beds and subvention. In addition, private nursing home residents who are in receipt of financial support under the Nursing Homes Support Scheme pay their contribution to the cost of care directly to the private nursing home. During the same period, the HSE has taken in over €96 million in resident contributions from individuals in public nursing homes.
82. Deputy Liam Twomey asked the Minister for Health and Children if accurate figures are available to him regarding the extent of emergencies such as trauma and medical emergencies; the way that this is impacting on planning for the future of the ambulance services and resourcing accident and emergency departments here; and if he will make a statement on the matter. [13280/11]
Minister for Health and Children (Deputy James Reilly): Emergency departments are the front line for our health services and have a higher public awareness profile than virtually any other service. Almost 1.2 million individual emergency presentations were made to acute hospitals during 2010, with almost 370,000 emergency admissions recorded.
While the numbers presenting to emergency departments in 2010 were broadly the same as 2009, overall hospital activity has grown significantly in the past four years, in line with policy objectives. This places particular pressure on admissions through the traditional route of the emergency department. There has been:
In addition, preliminary data on activity to the end of April 2011 highlights the following when compared with the same period in 2010:
[736]The HSE has undertaken a range of actions since 2006 to deal with emergency department issues. The approach and actions have been informed by a range of national and international reports and literature, much of which aligns on key messages, including surge protocols and the need to adopt a whole system approach, with a specific focus on:
Trauma and medical emergency figures are available to the National Ambulance Service through its command and control systems. Utilising this and other data, the Pre-Hospital Emergency Care Council published a recent Spatial Analysis Report of the country. These types of data and reports are considered by the National Ambulance Service in the planning, allocation and deployment of pre-hospital emergency care resources.
83. Deputy Bernard J. Durkan asked the Minister for Health and Children the total number of beds available in public and private nursing homes for persons in need of ongoing long-term or respite care; the extent to which such places are fully occupied; the number of beds and/or wards closed or unoccupied for whatever reason in both sectors; the degree to which the inadequacies of the fair care scheme affect the situation; his plans to address these issues with particular reference to a review of the fair care scheme so as to provide for a more equitable and accessible system; and if he will make a statement on the matter. [13401/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): It is estimated that the total number of private/voluntary beds at present is 20,500 (Source: Nursing Homes Ireland Annual Private Nursing Home Survey 2009/2010), of which approximately 19,500 are long-stay beds. The Survey also reports that average occupancy in 2009/2010 in private nursing homes was 86.4%. Occupancy levels in public units average 95%. The 95% occupancy level in the public units amount to almost full capacity as at all times a number of beds are empty due to turnover, i.e. when a resident vacates a bed there is time involved in readying the room for the next occupant etc., and other beds are closed due to maintenance works etc. The HSE Register of Public Residential Care Beds states that, at end-March, there were 359 beds temporarily closed.
A fundamental principle enshrined in the Nursing Homes Support Scheme is that of patient choice. Once a person receives approval for financial support, they can choose to enter any nursing home that is participating in the scheme in any part of the country, subject to the nursing home having an available bed and being able to cater for the person’s particular needs. This applies to public, private and voluntary nursing homes alike. Therefore, the scheme is considerably more equitable and accessible than the system it replaced.
A full examination of the funding for the Nursing Homes Support Scheme is under way, conducted jointly by the Department of Health and the HSE. This examination is to be completed by Friday June 3rd, 2011. In the meantime, applications for financial support under the scheme will continue to be accepted and processed. However decisions to grant approval will be subject to the availability of funding.
Question No. 84 answered with Question No. 62.
85. Deputy Billy Kelleher asked the Taoiseach the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13394/11]
The Taoiseach: There are five Special Advisers appointed in my Department, four of whom are my Special Advisers and one of whom is Special Adviser to the Government Chief Whip. In general, the primary function of Special Advisers is to help achieve the Government’s objectives and secure the implementation of the Programme for Government. My Special Advisers are tasked with giving me advice and keeping me informed on a wide range of issues, as well as performing such other functions as may be directed by me from time to time.
My Chief of Staff Mark Kennelly, among his other duties, will work closely with the Northern Ireland Division of my Department to ensure that I am full briefed on all developments. The salary of the Adviser to the Government Chief Whip, Mark O’Doherty, is currently being finalised. The salary levels of my Advisers are as follows:
| Salary | |
|---|---|
| € | |
| Mark Kennelly | 168,000 |
| Andrew McDowell | 168,000 |
| Paul O’Brien | 80,051 |
| Angela Flanagan | 80,051 |
86. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs the steps he will take to help the undocumented Irish in the USA; and if he will make a statement on the matter. [13283/11]
87. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the discussions he has had to date regarding the undocumented Irish in the United State of America; and if he will make a statement on the matter. [13367/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): I propose to take Questions Nos. 86 and 87 together.
Addressing the situation of the undocumented Irish and reforming our migration arrangements with the United States are important priorities for the Government in its relationship with the US Administration and Congress. The Taoiseach and I discussed the question of Irish immigration with President Obama when we met with him on 23 May in Dublin. Responding to our concerns, the President expressed his interest in achieving progress on immigration issues.
I also discussed the issue of Irish immigration with Secretary of State Clinton during our meeting on 18 March and with the Irish Lobby for Immigration Reform and the Coalition of Irish Centres in New York on 16 March. The Taoiseach raised the issue of the undocumented and the potential for the continued development of Ireland’s migration arrangements with the US with President Obama during his St Patrick’s Day visit to Washington. The Taoiseach also met with the Irish Lobby for Immigration Reform on 5 May when in New York.
I am encouraged by President Obama’s continued commitment to addressing the question of immigration reform. Speaking on 10 May, the President, in an address dedicated to the issue of immigration, reiterated his call for comprehensive reform of the system, and particularly called for the passage of the DREAM Act. Under the DREAM Act qualifying undocumented young people seeking to go to college or join the US military, and who were brought illegally to the US as children, would be eligible to seek regularisation of their status. The re-introduction of the DREAM Act to Congress on 11 May is a welcome development and can be seen as an initial step in the process.
I am very aware of the difficult situation facing those who are undocumented and living in the USA, as well as the distress caused to families in both Ireland and the US. The most realistic long term solution for our undocumented citizens remains through comprehensive immigration reform.
The inclusion of Ireland in an amended reciprocal E3 visa scheme, which would allow Irish people with a certain level of education to work in the US on a two year renewable visa, is the most effective way of creating new opportunities for Irish citizens in the USA. The introduction of such a scheme, which has attracted support from a number of members of Congress from both parties, will require the passage of legislation in Congress. The successful passage of E3 [740]visa legislation would strengthen the human bridge between the two countries, which underpins our excellent existing bilateral relations, and provide a mechanism for Irish nationals seeking to work in the USA in the future. It is the case, however, that the E3 would not provide a solution to the undocumented Irish in the US.
I am very aware of the enormous political challenges that face efforts to pass any immigration related legislation at the current time, including the E3 proposal. These difficulties were clearly demonstrated by the failure of efforts to pass the limited DREAM Bill at the end of 2010 — a measure that had enjoyed strong public and political support. My Department, and the Embassy in Washington in particular, will continue to work very actively on the issue with the US Administration, Congressional leaders and Irish immigration reform advocates.
88. Deputy Billy Kelleher asked the Tánaiste and Minister for Foreign Affairs the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13390/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The approval of the Minister for Finance for the following appointments has been requested by my Department:
Special Advisers are appointed under the terms of Section 11 of the Public Service Management Act, 1997 and are required to perform any duties that may be assigned to them from time-to-time by the relevant Minister as appropriate to the positions they hold. Those duties include providing advice as well as monitoring, facilitating and securing the achievement of Government objectives relating to the Department concerned.
89. Deputy Michelle Mulherin asked the Tánaiste and Minister for Foreign Affairs the number of passports issued from the Passport Office each year for the past five years; the staffing levels and average waiting times for each year; the amount of ordinary fees paid for passports by applicants and the amount of additional fees paid for the express service in respect of each year. [13397/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): A breakdown of passports issued and total passport income is appended for the years 2007-2010 and 2011 year to date. Demand for passport services is highly seasonal, with almost 50% of applications being received in the four months April-July each year. Incentives aimed at spreading demand more evenly throughout the year have proven unsuccessful and each year the Department employs temporary clerical staff (TCOs) to help the Passport Office meet the exigencies of the service.
The Passport Offices in Molesworth Street, Balbriggan and Cork are currently staffed approximately as follows (based on full-time equivalents ): 1 Principal Officer; 3 Assistant Principal Officers; 12 Higher Executive Officers; 49 Executive Officers/Staff Officers; 246 Clerical Officers; 6 Services Officers and 85 TCOs. The number of sanctioned posts has remained static [741]since an additional 127 permanent posts were sanctioned by the Department of Finance in July 2006. However, the actual number of staff varies considerably depending on the time of year.
Additional fees for the express service are paid directly to An Post, for services provided by that company, and accordingly information in respect of these fees is not held by the Department. However, I have appended information in respect of the total number of applications received through the passport express service.
The average time to process a passport submitted through the Passport Express and Northern Ireland Passport Express services available through the post offices is ten days. It takes on average four — six weeks to process all other applications. During the peak summer period, application processing times for this service can lengthen. In such circumstances, priority continues to be given to applications made through the Passport Express Service.
Due to a surge in demand, the turnaround time for passport express applications received through the Passport Express system is currently running between 11 and 13 working days and the processing period for ordinary post applications is currently six weeks or longer. This contrasts with the situation in 2010 when, as a result of industrial action, it proved necessary to withdraw all guarantees for passport express applications.
90. Deputy Brendan Ryan asked the Tánaiste and Minister for Foreign Affairs with regard to the recent increase in waiting times for passport applications, the number of passport printing machines currently operating here; his plans to improve resources within his Department to reduce the lengthening waiting times for applicants; and if he will make a statement on the matter. [13542/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): Due to a surge in demand, the turnaround time for passport express applications received through the Passport Express system is currently running between 11 and 13 working days. It normally takes 10 working days. During the peak summer period, application processing times for this service can lengthen and the processing period for ordinary post applications is currently six weeks or longer. Passport demand in general is currently running at a level 13% higher than the same period in earlier years. At present the Passport Service is receiving an average of 4,260 applications per day. This is an unprecedented level of demand, with the number of applications received from Irish residents alone in four recent days at over 5,200, exceeding by 700 the highest number previously for any one single day.
The Passport Service, through seasonal overtime and the additional output provided by recruited temporary staff, is working to bring processing times back to normal levels at the earliest opportunity. Last year the Molesworth Street passport production line was destroyed as a result of a water leak from the offices of another occupant of the building. The Passport Service is now operating with two production lines out of the primary site based in Balbriggan. The machines located in Balbriggan are capable of fulfilling current demand but the absence [742]of a production facility in Molesworth St. can delay the turnaround time for urgent applications made to the Dublin office. It is expected that the replacement machine in Molesworth Street will be operational later in the Summer.
91. Deputy Michael Creed asked the Tánaiste and Minister for Foreign Affairs his views on European Union enlargement; his further views on the current state of negotiations regarding Turkey’s membership of the European Union and the progress if any on the normalisation of bilateral relations between Turkey and the republic of Cyprus; and if he will make a statement on the matter. [13577/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): Our approach to EU enlargement is positive. Expanding the Union encourages a more prosperous and stable Europe and the process itself is equally beneficial to candidate countries in inspiring them to achieve economic and political reforms and to strengthen their democratic values.
Respect for these norms as set out in the Treaties, the adoption of a European perspective which those values reflect, strict adherence to membership conditions, and the capacity of the EU itself to integrate the new member are all important factors in assessing the pace and progress of an applicant’s accession. It follows that the exact timing of completion of that process is variable and dependent on the candidate meeting in full the benchmarks demanded in the negotiation phase.
These factors underpin this Government’s supportive approach to Turkey as an EU candidate. Accession may follow once that country fulfils the established membership criteria and provided that EU member States and the European Commission are satisfied that all the conditions have been met. There are, moreover, potential gains to be had from increasing the size of the single market and for trade opportunities which can flow from Turkish accession; that country is a significant economic and political regional power and the Union’s reach and influence in the Middle East and Central Asia could be thereby enhanced.
However, the pace of progress in the negotiations to date has been slow, due to a number of factors. Only 13 of the 35 chapters that comprise the accession dossier have been opened; no chapter is currently under negotiation, and there continue to be significant obstacles to progress. Turkey’s failure to implement the Ankara Protocol, under which it would open ports and airports to traffic from Cyprus, and to normalise relations with Cyprus is, as the Deputy, mentions, a serious concern. We are supportive of the UN-sponsored negotiations which are attempting to establish a fair, comprehensive and viable settlement but see no real advance in accession likely while this matter is unresolved.
Turkish internal reforms, which are required under the accession process, are happening, albeit more slowly of late due to upcoming parliamentary elections. However, I remain confident that the prospect of accession will continue to stimulate fundamental reform, to strengthen democracy and human rights, and to provoke further modernisation in that society.
92. Deputy Aodhán Ó Ríordáin asked the Tánaiste and Minister for Foreign Affairs the position regarding the detention abroad of an Irish citizen (details supplied). [13594/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): As the Deputy may be aware, our Embassy in New Delhi, which covers Sri Lanka, was notified in September 2007 that the person mentioned by him had been arrested on arrival at Colombo Airport, “under [743]suspicion for involvement in terrorist activities” under order from the Ministry of Defence of Sri Lanka. I am informed that to date the person concerned has not been formally charged and the Sri Lankan authorities have indicated that the investigations into his activities are active and ongoing.
As mentioned in the Deputy’s correspondence, my Department, through our Embassy in New Delhi and our Consular Assistance Section has provided and continues to provide extensive consular assistance to the person concerned and to his family here in Ireland. Our current and our previous Ambassador in New Delhi and our Honorary Consul in Sri Lanka have visited him in prison on numerous occasions and continue to raise his case at the highest level with the authorities there. The Honorary Consul, in fact, visited him in prison on our behalf as late as last Thursday the 26th.
I can assure the Deputy that my Department continues to call for him to be brought to trial or released as soon as possible and we maintain a high level of interest and involvement in his case. I can confirm to the Deputy that my officials remain in close and direct contact with the wife and family of the person mentioned by him and they liaise directly with her on any request for assistance or on any development on his case.
93. Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs his plans to open a passport office in the west of Ireland; if any reports have been commissioned on this matter; and if he will make a statement on the matter. [13646/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Passport Service provides a comprehensive range of options for citizens to apply for passports. In addition to the public counter service in Dublin and Cork applications may be made by express post through some 1,000 post offices across the country, including in over 60 in the Deputy’s county of Mayo. Given the current financial pressures on my Department, I have no plans to open additional regional passport offices at this time.
94. Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs the number of passport applications received and granted to persons living in counties Mayo, Galway, Roscommon, Sligo and Leitrim in 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [13647/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Passport Service database records and collates data on applicants by place of birth rather than place of residence. In many cases this information is incomplete or inaccurate e.g. applicants may specify place of birth as Ireland rather than their county of birth. It is therefore not possible to provide the information sought by the Deputy.
95. Deputy Billy Timmins asked the Minister for Finance the position regarding an application for a waiver which was received in the Chief State Solicitor’s Office approximately a year ago in respect of a person (details supplied) in County Wicklow; if this can be dealt with as a matter of urgency; and if he will make a statement on the matter. [13256/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): The Office of Public Works advises that this application for a waiver is currently being processed by the Chief State Solicitor’s Office as a matter of priority.
96. Deputy Sandra McLellan asked the Minister for Finance the specific date on which the report from the Office of Public Works chaired working group regarding the former ISPAT site at Haulbowline will be published; when this report will be made public; and if he will make a statement on the matter. [13261/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): The Working Group looking at the future use of Haulbowline, County Cork, has concluded its deliberations. The final report has been forwarded for submission to Government. It will be a matter for Government to decide whether to publish this report.
97. Deputy Dara Calleary asked the Minister for Finance his views on the Europol report on criminal activity in the European Union which describes Ireland as one of the preferred destinations for cigarette smuggling because of its high taxes on tobacco. [13300/11]
Minister for Finance (Deputy Michael Noonan): The Europol EU Organised Crime Threat Assessment (OCTA 2011) reported that preferred destinations for cigarette smuggling within the EU are countries with comparatively high taxes on tobacco such as the Scandinavian countries, Germany, Spain, the UK and Ireland. It has been the policy of successive governments to maintain comparatively high excise rates and thereby high prices for cigarettes as part of the national health policy on cigarette smoking. However, the level of cigarette smuggling in a given country is influenced by a variety of factors, of which price is only one. These factors also include geographical location, population demographics, the level of cross border trade, price differential with neighbouring countries and general accessibility by air, sea, road and rail.
I am informed that the Revenue Commissioners, who are responsible for the collection of tobacco products tax, have deemed the tackling of the illicit trade in cigarettes and tobacco products to be a high priority area. The strategy employed by Revenue to tackle this illicit trade is multi-faceted. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis, ongoing review of operational policies, development of analytics and deployment of detection technologies, optimum deployment of resources at point of importation and internally to intercept the contraband product and to prosecute those involved.
Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages. Revenue enforcement officers also target this illicit trade at the post-importation level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises. Revenue and An Garda Síochána also carry out regular multi-agency operations, particularly in relation to large maritime importations and in checks at inland markets.
Revenue enforcement officers are deployed at all key ports and airports. Personnel deployed at these locations are regularly supported by additional staff from other areas when specific operations are taking place. Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages.
In July of last year Revenue launched a nationwide tobacco operation, which concentrated additional Revenue resources at ports, airports and at various retail points for the purpose of identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and [745]195 kgs tobacco in the course of the two-week period of the operation. Two subsequent 3-day operations during 2010 resulted in the seizure of over 1.76m cigarettes and 175 kgs of tobacco. In two similar operations carried out in 2011, a total of 580 seizures were made, comprising 7.4m cigarettes and 167kgs tobacco.
The Revenue Commissioners have established a high level internal group, chaired at Commissioner level, to examine the risks related to tobacco products tax and to oversee and optimise the detection of counterfeit and contraband tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include adoption of a comprehensive tobacco strategy and action plan, improved profiling of passengers and freight to identify tobacco smugglers and the establishment of a confidential tobacco hotline via which members of the public and the retail trade may report illicit trade. It also co-ordinates national blitz-style operations.
In terms of detection equipment, a second mobile X-ray container scanner, to augment the one first deployed in 2006, was commissioned by Revenue in January 2010 and is now fully operational. Smaller baggage/parcel scanners are deployed at all major ports, airports and postal depots. In addition to the x-ray equipment, Revenue also uses a tobacco detection dog. This strategy has resulted in the seizure of a total of 178.3m cigarettes with a retail value of approximately €75.3m the period January to December 2010. In addition, during the period January 2011 to date, a total of 42.8m cigarettes were seized by Revenue.
98. Deputy Dara Calleary asked the Minister for Finance when he intends to increase the penalty for tobacco smuggling as proposed in the programme for Government. [13301/11]
Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commissioners that the penalties for tobacco smuggling are contained in Section 119 of the Finance Act 2001. That Section sets out the various actions that constitute offences of evasion or attempted evasion of excise duty. The court penalties when this provision was introduced in 2001 were, on summary conviction a fine of £1,500 or, at the discretion of the court, imprisonment for a term not exceeding 12 months or both the fine and imprisonment. On conviction on indictment the penalty was a fine of three times the value of the excisable products concerned, or £10,000, whichever was the greater, or at the discretion of the court, imprisonment for a term not exceeding five years or both the fine and imprisonment.
Since the introduction of this provision the monetary penalty on summary conviction has been increased on two occasions and now stands at €5,000. By virtue of Section 99 of the Finance Act 2010, the monetary penalty on conviction on indictment under this provision was substantially increased to a fine not exceeding €126,970, or where the value of the excisable products concerned is greater than €250,000, to a fine not exceeding three times the value of the products. The custodial penalties are unchanged. The precise penalty imposed on conviction in each case is of course solely a matter for the Courts.
I will be reviewing the existing penalties in relation to the smuggling and sale of illicit tobacco products to determine which of the penalties should be increased in line with the Programme for Government. In this context I will be consulting the Revenue Commissioners.
99. Deputy Peter Mathews asked the Minister for Finance the national debt, GDP, GNP, total expenditure and total interest cost of servicing the national debt each year from 1980 to date in tabular form; the projections for the remainder of the decade; and if he will make a statement on the matter. [13334/11]
[746]Minister for Finance (Deputy Michael Noonan): The data requested by the Deputy for the period 1980-2015 is set out in the table. The current forecast horizon is out to 2015 and so forecasts post 2015 are not available at present. For consistency, the figures are presented in billions of euro, rounded to one decimal place.
The national debt and national debt interest figures for the years 1980-2009 are set out in the 2010 and earlier editions of the Budgetary & Economic Statistics publication. The 2010 national debt and national debt interest figures have been supplied by the National Treasury Management Agency (NTMA). The 2011-2015 national debt and national debt interest figures are forecasts prepared jointly by the Department of Finance and the NTMA.
The nominal GDP and GNP figures for the years 1980-2004 are from the September 2010 edition of the Budgetary & Economic Statistics publication. The 2005-2010 figures are from the CSO Quarter 4 2010 Quarterly National Accounts publication. The 2011-2015 figures are the Department of Finance forecasts as contained in the recently published Stability Programme Update (SPU).
Finally, the total expenditure figures for the years 1980-2009 are those in Table 1 of the 2010 and earlier editions of the Budgetary & Economic Statistics publication. The 2010 figure is based on the estimated outturns for gross voted current and capital expenditure as per the 2011 Revised Estimates Volume and non-voted current and capital expenditure figures as per the end-December 2010 Exchequer Statement. The 2011-2015 figures are Department of Finance estimates, as per the recently published SPU.
100. Deputy John O’Mahony asked the Minister for Finance his plans to extend the Freedom of Information Act; and if he will make a statement on the matter. [13483/11]
Minister for Finance (Deputy Michael Noonan): The Department of Public Expenditure and Reform is currently carrying out preparatory work to implement the commitments in the Programme for Government in relation to the Freedom of Information Acts. When this work is completed the Minister for Public Expenditure and Reform, Brendan Howlin T.D. will bring proposals to the Government.
101. Deputy Michael McCarthy asked the Minister for Finance if he will provide a progress report on plans for a flood relief scheme in Skibbereen, County Cork; the timescale for the completion of the project; and if he will make a statement on the matter. [13540/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): Cork County Council appointed consultants in 2010 to undertake a Feasibility Study on the flooding situation in Skibbereen and to prepare a Draft Flood Risk Management Plan, following approval from the Office of Public Works of its application for funding under OPW’s Minor Flood Works Scheme. OPW has allocated funding of €239,000 to the Council for this commission.
The OPW understands that the Study is well underway and a first Public Information Gathering Day has already taken place. The required surveys of the flood plain and the river channel are also progressing. The Study, which is expected to be completed towards the end of this year, will provide the basis on which further decisions will be made in relation to any possible flood relief measures for the town. The Council has made a further application to OPW under the Minor Flood Works Scheme for river cleaning in the town, and this application is currently being considered.
102. Deputy Kevin Humphreys asked the Minister for Finance if the moneys raised from the national solidarity bond are being used to fund current spending since the EU-IMF bailout [748]deal; if he will consider using future moneys raised from the bond to fund a programme of strategic investment; and if he will make a statement on the matter. [13233/11]
Minister for Finance (Deputy Michael Noonan): The National Solidarity Bond is one product in the range of National Treasury Management Agency (NTMA) State Savings products offered by the NTMA to personal savers through the post office network. The suite of NTMA State Savings products also includes Savings Certificates, Savings Bonds, Prize Bonds, Instalment Savings and Deposit Accounts such as the Ordinary Deposit Account and the Deposit Account Plus. All NTMA State Savings money is used to fund the Exchequer and forms part of the National Debt.
The purpose of all moneys raised through borrowing by the NTMA (including the NTMA State Savings products and borrowing from the EU/IMF) is to meet the overall gap between total expenditure and total revenue and, as such, borrowing does not relate to any specific expenditure item. As stated in the Programme for Government, we are committed to a radical overhaul of the wider Exchequer capital programme in line with our changed economic and social needs and are examining options for a commercially-financed NewERA strategic investment programme in key networks of the economy. Together with the Minister for Public Expenditure and Reform, I am currently considering how best to progress this matter.
103. Deputy Terence Flanagan asked the Minister for Finance, further to Parliamentary Question No. 100 of 16 June 2010, the date in 2011 on which he proposes to introduce this legislation; if a title for the Bill has been introduced; and if he will make a statement on the matter. [13237/11]
Minister for Finance (Deputy Michael Noonan): The legislation in question, to which my predecessor in this post referred in replies to the Deputy through parliamentary questions numbered 100 of 16 June 2010 and 87 of 7 October 2010, is to do with the extension of the option to invest in an Approved Retirement Fund (ARF) to all members of Defined Contribution pension schemes in respect of the main benefits from those schemes. The extension of the ARF option has been provided for by Section 19 of the Finance Act 2011. The Deputy was particularly concerned about individuals who invested some or all of their pension funds in an Approved Minimum Retirement Fund (AMRF) because they did not satisfy the specified income requirement at retirement (which would have enabled them to invest in an ARF) but who might subsequently satisfy that requirement at a later time.
Section 19 Finance Act 2011 provides that the guaranteed income requirement, if not satisfied at the time of retirement, may be satisfied at any time after retirement (and before age 75) at which point the AMRF becomes an ARF. Moreover, for individuals who retired before the date of the passing of Finance Act 2011 and who had an AMRF before that date, the guaranteed income requirement which operated before the passing of the Act (€12,700 per annum) will continue to apply for a 3 year period for such individuals.
104. Deputy Pearse Doherty asked the Minister for Finance the content, implications and cost of the modifications to the conditions underpinning the EU loans to the State under the EU/IMF support programme agreed with the EU/ECB/IMF; and if he will make a statement on the matter. [13250/11]
[749]Minister for Finance (Deputy Michael Noonan): Following the formal review mission, which concluded in mid-April, the EU/IMF Programme was updated to take account of implementation and developments since the programme was first agreed in November 2010. It was also amended to reflect Government policy priorities. The revisions were approved by Eurogroup, ECOFIN and the IMF Executive Board on the 16th and 17th of May 2011. The conditions are set out in the programme documents comprising the Letters of Intent to the EU and the IMF, the Memorandum of Economic and Financial Policies (MEFP), the Technical Memorandum of Understanding (TMU), and the Memorandum of Understanding on Specific Economic Policy Conditionality (MoU EPC). The text is available on the Department of Finance website (www.finance.gov.ie/documents/publications/other/2011/draftmoumay2011.pdf). There were a significant number of changes to the text, many of which represented a rationalisation and tidying up of the initial draft.
Key changes included the restoration of the cut made in the National Minimum Wage, provision for the Jobs Initiative, which I subsequently announced on the 10th of May, provision for the Comprehensive Review of Expenditure and agreement that the NAMA II transfers would not now proceed. Instead, the banks will be required to develop alternatives for deleveraging these loans. The commitments in respect of banking were updated to take account of the results of the PCAR and PLAR exercises and also, the Government’s announcement on Banking restructuring of 31 March this year.
In addition to the changes outlined above, there were a large number of other changes, many of them technical and some new conditions were included and others were elucidated. In most cases the conditions were not entirely new. For example there is now a requirement that the Department of Social Protection will submit to Government by the end of March 2012 a comprehensive programme of reforms that can help better targeting of social support to those on lower incomes, and ensure that work pays for welfare recipients. This requirement builds on the condition in the original MoU EPC to tackle unemployment and poverty traps. It also reflects commitments made in the National Recovery Plan and the Programme for Government where it states that:
Another example is the inclusion of the requirement to complete the comprehensive review of expenditure by the end of September this year. The original Programme already contained commitments for budgetary corrections of EUR3.6 billion in 2012 and EUR3.1 billion in 2013 assigned in a ratio of approximately 2:1 between expenditure and taxation measures. The revised text notes this pre-existing commitment, and the detailed measures which accompany it. It then goes on to say, in respect of 2012 that “a Comprehensive Review of Expenditure (CRE) is underway and will be completed in September 2011. The budgetary measures outlined will be examined by the Government in the light of the findings of the Review and the Programme for Government. Based on the CRE and in consultation with the European Commission, the IMF and the ECB, the government will introduce budgetary changes which will aim to fully realise efficiencies identified, while remaining fiscally neutral”. Similar text is included for Budget 2013.
In relation to the question of the cost of modifications to the conditions, the overall fiscal targets remain in place and the resources available to deliver all the conditions/actions required under the EU/IMF Programme are unchanged. It should be noted that the fiscal consolidation [750]targets are unchanged. The detailed quarterly Exchequer primary deficit and net debt targets for the remainder of 2011 have been amended slightly and initial targets have been set for the first quarter of 2012.
There is one potential cost that the Government is fully cognisant of at all times and that is the potential cost of failing to comply fully with the fiscal targets and the conditionality of the Programme which could be very high for the Irish economy and people. This is why the Government is fully committed to the full delivery of all the requirements of the Programme.
105. Deputy Mary Lou McDonald asked the Minister for Finance if he has appointed a committee to examine the accounts and cost base of the semi-States, a bord snip for the semi-States; if he will recommend ways to reduce costs and improve efficiencies in each company with a view to passing on any savings to customers as committed to in the NewERA semi-State investment and reform programme; and if he will make a statement on the matter. [13326/11]
Minister for Finance (Deputy Michael Noonan): The Review Group on State Assets and Liabilities, established by my predecessor in July 2010 and chaired by Mr. Colm McCarthy, recently completed an examination of, inter alia, the accounts and the cost base of the commercial State bodies. The Review Group’s report was distributed to all members of the Oireachtas at the time of its publication in April. On foot of the Group’s report, my colleague the Minister for Public Expenditure and Reform has sought the views of Departments on its recommendations. After considering these views, the Minister intends to bring proposals to Government.
106. Deputy Aengus Ó Snodaigh asked the Minister for Finance the amount that would potentially be raised by reducing the pension earnings contribution ceiling to €75,000; and if the figure is not known, the steps he will take to identify this figure. [13329/11]
Minister for Finance (Deputy Michael Noonan): I assume the Deputy is referring to the current annual earnings cap of €115,000. This cap acts, in conjunction with age-related percentage limits of annual earnings, to put a ceiling on the annual amount of tax relief an individual taxpayer can obtain on employee or personal pension contributions. I am informed by the Revenue Commissioners that the full year yield to the Exchequer arising from reducing the earnings cap to the amount mentioned in the question is currently estimated to be of the order of €100 million. This figure is provisional and subject to revision. A breakdown of the figures by reference to income levels is available only in respect of the tax relief for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) and to the extent that these contributions are included in the personal tax returns of tax payers.
With regard to occupational pension schemes (schemes set up by employers), the figures in respect of employee contributions are available only in aggregate form. Information on such contributions is not captured in such a way as to make it possible to associate contributions with individual income levels. For that reason the estimated yield to the Exchequer in respect of these contributions is extremely tentative. The estimated yield is based on assuming that tax relief which would be affected by the changes mentioned in the question is currently allowed at the top income tax rate of 41% and at the maximum age-related percentage limit of earnings. The figure provided could therefore be regarded as the maximum Exchequer yield in respect of those taxpayers.
107. Deputy Frank Feighan asked the Minister for Finance if the Public Appointments Service has a panel or an established list of employees requiring redeployment to different Departments; if it approached the departmental offices based in counties Leitrim, Roscommon or Cavan to establish if vacancies exist in these areas, which could accommodate individuals based in Dublin which would improve efficiency and staff welfare; if a list will be made available to staff; and if he will make a statement on the matter. [13360/11]
Minister for Finance (Deputy Michael Noonan): The Public Service Agreement 2010-14 (the “Croke Park” Agreement) provides for agreed redeployment arrangements to apply in the Civil Service and in other parts of the public service. The initial focus is on redeployment within the relevant employment or sector and it is only when this is not possible, that redeployment in another sector is considered. The purpose of redeployment is to ensure that in the context of a reduction in numbers serving in the Public Service, it will be possible to move staff to certain designated priority areas in accordance with Government policy.
The Public Appointments Service (PAS) has put in place a system of Resource Panels for Civil Service and State Agency staff to support redeployment. Posts to be filled by redeployment are offered in the first instance to the relevant panel or panels. The agreed arrangements provide that staff can be moved within a 45km radius of their work or home location. Staff based in Dublin would not therefore be liable for redeployment to Leitrim, Roscommon or Cavan.
The Government is committed to reducing public service numbers by some 24,000 in the period to 2015. The moratorium on Public Service recruitment and promotion is one of the policy instruments in use to ensure that the Government targets are met. Exceptions to the moratorium require the prior sanction of the Minister for Finance. However, the moratorium does not preclude public service organisations from reorganising work or redeploying staff internally to meet operational needs.
Where it is decided to fill a post in a Department’s regional office, whether for operational reasons or by way of an exception to the moratorium, redeployment options would be explored in the first instance. If redeployment is not possible, the post would generally be offered to Civil Service staff who had already indicated an interest in that location, whether directly to the Department concerned or through the Central Applications Facility for decentralisation. The appointee’s post might then either be filled from the redeployment panels or suppressed as appropriate.
108. Deputy Finian McGrath asked the Minister for Finance his views on a matter regarding private pensions (details supplied). [13377/11]
Minister for Finance (Deputy Michael Noonan): I note the concerns raised by the Deputy’s constituent in the matter of the pension fund levy. From the details supplied, I also note that the individual concerned has already retired and is in receipt of a pension in payment. I am not in position to say, on the basis of the details provided, whether the person will be impacted at all by the levy and, if so, to what extent. As to the legal position regarding the levy, that would be a matter for the courts to decide on any issues put before them. I obtained legal advice in relation to the levy and the scheme being introduced has taken account of that advice.
The levy is a relatively small charge on the significant assets of pension funds much of which are represented by investments outside of Ireland. It is for a temporary 4 year period only and [752]pension funds are being asked to make a contribution to getting the domestic economy moving again over that period. This is a reasonable and targeted tax measure being introduced to fund the various measures set out in the Jobs Initiative. The country is facing an economic and unemployment crisis and the Jobs Initiative will help tackle that crisis.
109. Deputy Pearse Doherty asked the Minister for Finance the size of the structural deficit in national budgets between 2006 and 2011 as a percentage of GDP and in monetary terms; and if he will make a statement on the matter. [13380/11]
Minister for Finance (Deputy Michael Noonan): The latest estimates of the structural deficit, both as a percentage of GDP and in monetary terms, are presented in the table below. These figures were compiled on the basis of economic and budgetary forecasts produced this spring, and were published in the latest Stability Programme Update submitted to the EU Commission at the end of April.
Estimates of the structural deficit are determined on the basis of the harmonised methodology, developed jointly by the EU Commission and the Member States, to decompose the headline deficit into its cyclical and structural components. This structural deficit, by definition, excludes all one-off measures, which in an Irish context are primarily composed of fiscal supports to the banking sector.
In practice, all estimates of the structural position are subject to considerable uncertainty, the sources of which have been outlined in an annex in the latest Stability Programme Update. Nevertheless, it is clear that a significant part of the deficit is structural in nature, and so will not be eliminated with economic recovery. Therefore, ongoing fiscal consolidation is required to adequately address the budget deficit and thereby put the public finances on a sustainable footing.
110. Deputy Billy Kelleher asked the Minister for Finance the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13389/11]
Minister for Finance (Deputy Michael Noonan): Since my appointment as Minister for Finance on 9 March 2011 the relevant details are as follows:
My colleague, the Minister for Public Expenditure and Reform has appointed the following since 9 March 2011:
111. Deputy Michael McGrath asked the Minister for Finance the average length of time it is currently taking the Financial Services Ombudsman to deal with new complaints submitted to the body by personal customers of financial services. [13434/11]
Minister for Finance (Deputy Michael Noonan): I would like to refer the Deputy to Parliamentary Question No. 12472/11 on this topic which I answered on Tuesday 24 May 2011. The Financial Services Ombudsman has advised me that, at present, the average length of time from receipt of a complaint to the issuing of a finding is 11 months. I should point out that the Financial Services Ombudsman is independent in the carrying out of his duties. I have no role in the day to day workings of the office.
112. Deputy Terence Flanagan asked the Minister for Finance his views on a matter (details supplied) regarding pensions; and if he will make a statement on the matter. [13478/11]
Minister for Finance (Deputy Michael Noonan): How the pension fund levy will affect individual pensions will be a matter for individual pension scheme trustees and administrators. The chargeable persons for the purpose of the pension fund levy will be the scheme administrators, that is the trustees or other persons having the management of the assets of the pension schemes or plans. Where pension scheme assets are, for example, held in the form of contracts of assurance with life offices, the insurer will be the chargeable person. It will be up to those trustees and administrators to decide whether and how the levy should be passed on and who should be impacted and to what extent, given the particular circumstances of the pension schemes or pension plans for which they are responsible. In that regard, legislative provision [754]has been made to allow pension scheme trustees or administrators the option to adjust the benefits payable under pension schemes or plans.
113. Deputy John O’Mahony asked the Minister for Finance the way that persons who hold neither a passport nor a driving licence can prove their identity in order to open a bank account; and if he will make a statement on the matter. [13482/11]
Minister for Finance (Deputy Michael Noonan): I assume that the Deputy’s question relates to the obligation on financial institutions and others to identify their customers under Anti Money Laundering legislation. The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 requires customers to be identified on the basis of documents, including documents from a Government source, or information that a credit institution has reasonable grounds to believe can be relied upon to confirm the identity of the customer. As the Act does not prescribe specific documents, this requirement will be supplemented by guidelines which will give examples of the type of documents which may be accepted for identification purposes. The range of acceptable documents under the revised guidelines — which are being finalised at present — will be broader than under the existing guidelines.
Under existing arrangements, a credit institution may use one of the following methods, as an alternative to a passport/driving licence, to verify a person’s name:
114. Deputy Joe Costello asked the Minister for Finance the number of hotels whose loans have been transferred to the National Asset Management Agency; the number of bedrooms in those hotels; the number of those hotels which are open for business; and if he will make a statement on the matter. [13547/11]
Minister for Finance (Deputy Michael Noonan): I am informed by NAMA that it has acquired loans secured by some 83 hotels located within the State, of which 78 are open for business. The total number of rooms in the 83 hotels is estimated to be of the order of 8,500. I am further informed by NAMA that it will be developing a comprehensive strategy to deal with the hotels that are within its portfolio. NAMA has acknowledged that there are hotels that have been built with the wrong grading and in the wrong location. Ultimately, the long-[755]term future of those hotels may not be as hotels and alternative uses will have to be found for them.
115. Deputy Michael McGrath asked the Minister for Finance if he consulted with the Pensions Board in advance of deciding to impose a levy on pension funds; if he will publish any contribution or submission made by the board on this proposal; and if he will make a statement on the matter. [13548/11]
Minister for Finance (Deputy Michael Noonan): There was no formal consultation by me or my Department with the Pensions Board in advance of the Government’s decision to introduce the pension levy to fund the Jobs Initiative. Officials of my Department and the Revenue Commissioners have had contact with a wide number of interested parties in both the public and private sector, including the Pensions Board, about the practical, logistical and other issues surrounding the introduction of the levy. I do not propose to publish the details of any contributions from the Pensions Board to this process at this time.
116. Deputy Thomas P. Broughan asked the Minister for Finance if he will report on the credit union commission; the size of the commission and the way its membership will be decided; the way the Irish League of Credit Unions, the Credit Union Development Association and credit union management and staff will be represented on this body; when it will commence its work; and if he will make a statement on the matter. [13593/11]
Minister for Finance (Deputy Michael Noonan): The Programme for National Government 2011-2016 sets out the Government’s position with regard to the credit union sector. The Government recognises the importance of credit unions as a volunteer cooperative movement and the distinction between them and other financial institutions. In the Programme for Government, it was agreed that a Commission on Credit Unions would be set up to review the future of the movement and make recommendations in relation to the most effective regulatory structure for it. This will take into account their not-for-profit mandate, their volunteer ethos and community focus, while paying due regard to the need to fully protect depositors’ savings and financial stability.
The Deputy will also be aware that, under the EU/IMF Programme of Support for Ireland, we have certain commitments in relation to the credit union sector. One of these commitments is to have the Commission on Credit Unions established by end-May 2011. The Terms of Reference for the Commission was discussed at Cabinet today and the Government will make an announcement regarding its establishment in due course. This announcement will include details of the Commission’s membership. I intend that the Commission will have its inaugural meeting in mid-June and begin its work immediately.
117. Deputy Michael Creed asked the Minister for Finance if a person (details supplied) in County Cork is entitled to a refund of income tax paid in respect of maternity benefit payment in 2006 and if the Revenue Commissioners will make arrangements for payment of same; and if he will make a statement on the matter. [13668/11]
Minister for Finance (Deputy Michael Noonan): The position is that the person in question may be precluded from receiving a refund of income tax because of the general four-year time [756]limit on claims to repayments of tax imposed by Section 865 of the Taxes Consolidation Act 1997. The effect of this provision is that repayment claims in respect of the 2006 tax year needed to be made by 31 December 2010. I am informed by the Revenue Commissioners that there is however some lack of clarity in the particular circumstances of this case, and therefore the Revenue Commissioners advises that the person in question should contact Mr Diarmuid O’Connor at Revenue House, Blackpool, Cork, telephone 021 6027506 to discuss the matter.
118. Deputy Michael McCarthy asked the Minister for Education and Skills his views regarding a school bus service (details supplied); if his attention has been drawn to the fact that parents in the area are willing to pay for the service if it is available to them and if the particular service can be maintained on the basis that it will have the minimum numbers required to maintain the service in 2012. [13381/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from a recommendation in the recently published Value for Money Review of the scheme. These changes include the requirement that a minimum of 10 eligible pupils, residing in a distinct locality, will be required to retain or establish a school transport service from the 2011/12 school year. As is currently the position, families of eligible pupils, for whom there is no school transport service available, may apply for the remote area grant towards the cost of making private transport arrangements. Decisions in relation to the retention or establishment of school transport services will be made when all applications for school transport, for the 2011/12 school year, have been received and assessed.
119. Deputy Sean Fleming asked the Minister for Education and Skills the details under the jobs initiative of plans to deal with redundant apprentices; and if he will make a statement on the matter. [13471/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Under the Jobs Initiative there were no additional plans to deal with redundant apprentices. However, FÁS has, in consultation with the relevant stakeholders, put in place a number of measures to enable registered redundant apprentices to progress in their apprenticeships. The ‘Redundant Apprentice Placement Scheme’ was introduced by FÁS in 2010 to provide work placement opportunities for redundant apprentices to complete their on-the-job training at Phases 3, 5 and 7. The scheme has been broadened in 2011 to include placements with employers in both the private and the public sectors. The scheme, for which €7.3m in funding is being provided, aims to provide work placements for up to 1,000 apprentices in 2011.
Employers in the private sector and, for the first time, the public sector, may participate in the 2011 scheme provided they meet the eligibility criteria. The 2011 scheme requires no wage contribution from the employer but instead a standard training allowance of €260 at Phase 3, €350 at Phase 5 and €400 at Phase 7 is paid to the redundant apprentice by FÁS. Eligible redundant apprentices are referred by FÁS to approved employers to participate in the scheme. The maximum period of placement is 26 weeks at Phase 3, 26 weeks at Phase 5 and 12 weeks at Phase 7.
Other initiatives taken by FÁS to assist redundant apprentices to progress in their apprenticeships include ‘Changes in Progression Rules’ whereby redundant apprentices unable to [757]complete their relevant on-the-job training phases are now permitted to progress to the next Off-the-Job training phase. Under the ‘Phase 7 Equivalent Assessments Scheme’, redundant construction trade apprentices unable to complete on-the-job Phase 7 Assessments at an employer may undertake Phase 7 Equivalent Assessments at a FÁS Training Centre. The ‘Recognition of Prior Learning Scheme’ allows redundant apprentices who have successfully completed all apprenticeship training Phases 1 to 7, but who have not completed the statutory four years in employment as an apprentice, to validate their competence by submitting a portfolio of evidence of trade related work experience gained at home and/or abroad and/or trade related training and education.
Under the ‘Fee Waiver Scheme’, FÁS day and/or evening courses fees are waived for redundant apprentices. Under the EU ‘Leonardo da Vinci Lifelong Learning Programme’, 12 redundant apprentices commenced on-the-job training with employers in Germany in February 2011.
A number of new programmes for redundant apprentices and craftspersons are currently being developed or implemented by FÁS in conjunction with the Higher Education Authority and Institutes of Technology. These programmes include a post-Phase 6 Certificate in Craft Transferable Skills, a special course in Advanced Skills for Redundant Plastering Craftspersons, a Certificate in Entrepreneurship for Redundant Craftspersons and short duration courses to prepare apprentices to repeat their outstanding assessments.
120. Deputy Patrick O’Donovan asked the Minister for Education and Skills if he will provide a breakdown of the agencies that received funds from the European Globalisation Fund (details supplied); the sum each agency received and the way each agency distributed the funding. [13635/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): At the end of March 2011, some 1,919 beneficiaries had been provided with personalised services under the European Globalisation Adjustment Fund (EGF) programme in support of redundant workers at the Dell Computer manufacturing plant in Raheen, Co. Limerick and at relevant ancillary enterprises. These beneficiaries are broken down as follows:—
Ireland is required to use the EGF financial contribution received from the EU budgetary authorities before 29 June 2011 and must send its final report for the execution of the financial contribution to the European Commission not later than 29 December 2011. In this context, it is not yet possible to provide a detailed breakdown of expenditure on the EGF programme in advance while claims from various service providers are still awaited or are being processed and any relevant reconciliations between national and EU funding still need to be assessed and verified.
121. Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will re-[758]open the FÁS training centre on Bannow Road in Cabra, Dublin, as part of the jobs initiative training and re-skilling proposals; if this is not his intention, his views on the matter; his plans for the Bannow Road site; and if he will make a statement on the matter. [13655/11]
Minister for Education and Skills (Deputy Ruairí Quinn): During 2010 FÁS received a report from a firm of structural engineers commissioned to examine the condition of the roof structure of the Cabra Training Centre. This report raised concerns from a Health and Safety perspective and it was decided by FÁS to permanently close the centre in December, 2010. FÁS is currently considering options for the disposal of the site.
The staff, courses and services delivered through Cabra Training Centre have been redeployed within the FÁS Training Centre network (including the increased provision of courses in Finglas Training Centre) to ensure that training needs continue to be met. For those clients seeking career guidance and support, alternative FÁS Employment Services Offices are located in Blanchardstown, Ballyfermot, Baldoyle, Crumlin, D’Olier Street, Parnell Street and Finglas. Any persons seeking a FÁS service from the Cabra area will be accommodated in these offices.
122. Deputy Anne Ferris asked the Minister for Education and Skills if Irish will remain compulsory for the leaving certificate; and if he will make a statement on the matter. [13231/11]
Minister for Education and Skills (Deputy Ruairí Quinn): This Government is committed to supporting the overall thrust of the 20 Year Strategy for the Irish Language 2010-2030, and to the delivery of the goals and targets proposed. As part of this, a thorough reform of the Irish curriculum and the way Irish is taught at primary and second level will be undertaken. The priority is to take steps to improve the quality and effectiveness of the teaching of Irish. When these steps have been implemented, the question of whether Irish should be optional at Leaving Certificate will be considered.
A revised Leaving Certificate curriculum in Irish began in all schools in September 2010 for first examination in 2012. The revised programme provides for an increase in the proportion of marks available for oral assessment to 40%, and is aimed at promoting a significant shift in emphasis towards Irish as a spoken language, where students can communicate and interact in a spontaneous way, and where Irish is spoken every day in schools. The National Council for Curriculum and Assessment has been asked to review this syllabus in the light of the experiences of students in the first examination.
123. Deputy Catherine Murphy asked the Minister for Education and Skills when drawing down the European Globalisation Fund in the provision of up-skilling for former SR Technics workers, if when seeking that funding it was anticipated that it would be sufficient to complete the courses; if his attention has been drawn to the fact that changing at this stage would terminate prior to receiving accreditation for many of those who are participating in the course; if alternative funding is being considered; and if he will make a statement on the matter. [13238/11]
124. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding the European Globalisation Fund in respect of persons (details supplied); and if he will make a statement on the matter. [13241/11]
[759]Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I propose to take Questions Nos. 123 and 124 together.
Third level programmes were included in the application for EGF funding for the former workers at SR Technics in recognition of the potential such longer term interventions have in equipping participants with specialised and comprehensive skills sets and qualifications which can significantly assist them to re-enter the labour market. While the duration of such programmes in most cases exceeds the maximum EGF programme period of 2 years, securing EU co-funding to engage redundant workers onto a path of long term learning and upskilling against the backdrop of considerable national budgetary constraints, was considered to have significant benefit towards contributing to the development, education and future employment prospects of the individuals concerned.
The co-funding of relevant education and training measures through the European Globalisation Adjustment Fund (EGF) in support of redundant S R Technics workers is strictly time limited to finish on 9 October 2011. This end date is determined at two years from the date of application in accordance with the regulations governing the operation of the fund, and cannot be extended. This position has always been made clear to both service providers and to beneficiaries of EGF support, including the former S R Technics staff in question. It was also therefore always clear to the former SR Technics workers that the full duration of the course would not be funded by the State and that funding would end before accreditation is achieved.
In relation to the question of alternative funding, officials from my Department met a delegation of the former workers last month and discussed in detail both the position in relation to EGF funding and the full range of options and supports that are available to students generally, including former S R Technics staff, who wish to pursue education programmes in the publicly funded higher education system. I have also written to a member of the delegation re-emphasising the position as outlined.
The Department of Social Protection has already confirmed that if the students remain on the programme on a full-time basis beyond the EGF cut-off date that they will be entitled to retain their Back to Education Allowance. This would be a considerable advantage to the students in terms of providing income support while progressing in education. It should also be noted that All Hallows College has been extremely helpful in running what was originally a part-time course on a full time basis under the EGF programme in order to accelerate students’ progress on a modular basis and maximise the scope for them to benefit from the EU funding available. It is open to the students to engage with All Hallows College to seek a reduced course fee for continuance of the course full time but at their own expense.
Alternatively, the relevant students could potentially transfer to other full time courses in the public system which are part of the Free Fees Scheme without losing their Back to Education Allowance. The accreditation of learning gained at All Hallows College prior to any such transfer is a matter for the college in conjunction with the Higher Education Authority.
125. Deputy Dan Neville asked the Minister for Education and Skills the financial or grant assistance available to a person (details supplied) in County Limerick studying to be a paramedic at a training institute in County Galway. [13245/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Under my Department’s student grant schemes, eligible candidates may receive funding provided they are attending an approved course at an approved institution as defined in the relevant scheme. I understand that the college referred to by the Deputy is a private college and is not on the list of approved [760]institutions for student grant purposes. The Deputy will appreciate that, in the current economic climate, I am not in a position to consider any such extension of the list of approved institutions.
However, Section 473A, Taxes Consolidation Act, 1997, as amended by Section 11 of the Finance Act 2011 provides for the introduction of tax relief for fees paid in publicly funded colleges here and in other EU Member States as well as in private colleges in the State. This relief, which applies at the standard rate of tax, is available to full-time and part-time students and includes distance education courses offered by publicly funded colleges in other EU Member States. Further details on claiming this relief are available from the Revenue Commissioners’ website at www.revenue.ie.
126. Deputy Brendan Griffin asked the Minister for Education and Skills when the new agricultural science leaving certificate syllabus will be introduced; and if he will make a statement on the matter. [13248/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Work on a revised syllabus for Agricultural Science has largely been completed by the National Council for Curriculum and Assessment (NCCA). However, the assessment arrangements for the revised syllabus have not yet been finalised as they will have to be considered in the context of the assessment of other senior cycle science subjects, including the introduction of a second assessment component. The NCCA is currently engaging in a public consultation process on revised syllabuses for Leaving Certificate Physics, Chemistry and Biology prior to submitting its advice to my Department.
127. D’fhiafraigh Éamon Ó Cuív den Aire Oideachais agus Scileanna an gceadófar airgead faoin scéim oibreacha samhraidh do scoil (sonraí tugtha) de bharr chomh tais agus atá an scoil agus an drochthionchar a d’fhéadfadh sé imirt ar shláinte na ngasúr sa scoil. [13278/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Táim ábalta a dheimhniú go ndearna an scoil dá dtagraíonn an Teachta iarratas ar chuid de na fuinneoga a athrú faoin Scéim Oibreacha Samhraidh 2011. Fógraíodh liosta de 453 scoil an 30 Márta 2011. Faoi mhaoiniú Scéim Oibreacha Samhraidh na bliana seo tugadh tosaíocht d’iarratais ó scoileanna ar oibreacha gáis, meicniúla agus leictreachais agus tá aiféala orm nár roghnaíodh iarratas na scoile atá i gceist. Tá litir á chur sin in iúl seolta chuig an scoil. Cé go bhfuil maoiniú breise curtha ar fáil do thionscadail scoile faoi Thionscnamh Post an Rialtais tá aiféala orm nár éirigh leis an iarratas dá dtagraítear dó faoin Tionscnamh mar gur ghá tosaíocht a thabhairt do chatagóirí oibre ar chinn eile.
128. Deputy Éamon Ó Cuív asked the Minister for Education and Skills if he has given any consideration to having a voluntary national redeployment panel for teachers who are employed by vocational education committees and who wish to transfer from one VEC district to another; and if he will make a statement on the matter. [13286/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The current redeployment arrangements apply in schools and VECs who have a surplus of permanent and/or CID holding teachers. The redeployment scheme that was introduced this year includes provision for further [761]discussions with the relevant stakeholders in Autumn 2011 with a view to having a pilot scheme in operation as soon as is practicable for transfers on a voluntary basis.
129. Deputy Eamonn Maloney asked the Minister for Education and Skills when a redundancy payment will be processed in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [13304/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The redundancy payment for the person referred to by the deputy, will be paid to her on the 09th June 2011. My Department will advise the person referred to on the matter in the near future.
130. Deputy Derek Keating asked the Minister for Education and Skills in view of the recent circular 30/2011 to schools in the Lucan area of County Dublin and the impact that this will have on a school (details supplied), if his attention has been drawn to the fact that since 2008 this school, like others in the area, has increased its pupil population by more than 300% in three years; if his further attention has been drawn to the fact that more than 30 different languages other than English and Irish is the first language of children attending; if he will review this plan of appointments of learning support resource teacher posts and work with schools in dealing with the impact of circular 30/2011; and if he will make a statement on the matter. [13315/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Department Circular 30/2011 sets out the arrangements for the deployment of resource teaching posts in schools for the 2011/12 school year. The purpose of this circular is to inform schools of the arrangements that are being put in place for the 2011/12 school year in respect of their NCSE approved resource hours so that posts are deployed in line with authorised allocations.
The Department’s approach has allowed schools “roll-over” all their existing full-time posts on the condition that any surplus capacity in these posts is shared with other local schools. If the “roll-over” arrangements are not sufficient to meet a school’s NCSE approved allocation they must firstly contact their local schools for any surplus capacity and then, if necessary, there is an application process to the Department under the circular. My Department has also received an application for language support for the school referred to by the Deputy. The application has been processed and the school has been advised of their allocation for the 2011/2012 school year accordingly.
131. Deputy Patrick O’Donovan asked the Minister for Education and Skills the position regarding an application in respect of a school (details supplied) in County Limerick. [13343/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to which the Deputy refers has recently applied to my Department seeking funding to provide additional accommodation. This application is currently being assessed. Officials in my Department will convey a decision on the application to the school authority when the assessment process has been completed.
132. Deputy Michael Moynihan asked the Minister for Education and Skills the position regarding the school bus service for a school (details supplied) in County Cork; and if he will make a statement on the matter. [13358/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from a recommendation in the recently published Value for Money Review of the scheme. These changes include the requirement that a minimum of 10 eligible pupils, residing in a distinct locality, will be required to retain or establish a school transport service from 2011/12 school year. As is currently the position, families of eligible pupils, for whom there is no school transport service available, may apply for the remote area grant towards the cost of making private transport arrangements. Decisions in relation to the retention or establishment of school transport services will be made when all applications for school transport, for the 2011/12 school year, have been received and assessed.
133. Deputy John Deasy asked the Minister for Education and Skills the present requirements for teachers in relation to redeployment panels at primary level; the criteria for inclusion in these panels; the level of temporary service and substitute teaching on a full-time basis that is acceptable for inclusion in the individual panels; and if he will make a statement on the matter. [13370/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The redeployment panels that have been published consist solely of surplus permanent-CID teachers who are fully registered with the Teaching Council. The next stage of the redeployment panels will consist of fixed-term primary teachers who are fully registered with the Teaching Council and who have a minimum of five years service.
The supplementary panels consist of fixed-term teachers who are fully registered with the Teaching Council and who have between three and five years service. The supplementary panels will recognize as appropriate, substitute service. The supplementary panel becomes operational when the main panel is cleared. It is the intention of the Department to restore recruitment from fixed-term teachers on the main panels, supplementary panels or public advertisement at the earliest possible opportunity, after all the surplus permanent teachers have been redeployed.
134. Deputy Billy Kelleher asked the Minister for Education and Skills the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13386/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Since I have taken office I have appointed 2 special advisers as follows:
Mr. Walshe has extensive experience of the education sector and he will assist me in formulating future educational policy.
Ms. Grant has been appointed as Director of Communications. She formerly worked in media relations. She will assist me in promoting educational policy, monitoring the media coverage of educational issues and utilising media to inform the general public of developments in education and broader skills area. She will be responsible for Department press and media relations. Ms. Grant’s salary has yet to be finalised. When this matter has been concluded I will inform the Deputy accordingly.
135. Deputy Michael McGrath asked the Minister for Education and Skills if he will review the decision not to make an item of equipment available to a person (details supplied) in County Cork. [13400/11]
Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating Resource Teachers and Special Needs Assistants to schools to support children with special educational needs. SENOs also make recommendations to my Department where assistive technology is required. The NCSE operates within my Department’s criteria in allocating such support. The NCSE has advised my Department that the pupil in question does not meet my Department’s criteria for the allocation of a laptop.
All schools have the names and contact details of their local SENO. Parents may also contact the SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie. It is open to the school and/or parents to contact the SENO in the context of supports that may be available to support the pupil in question.
136. Deputy Ciara Conway asked the Minister for Education and Skills the position regarding the emergency works application in respect of a school (details supplied) in County Waterford which urgently requires funding to carry out much needed repairs; and if he will make a statement on the matter. [13436/11]
Minister for Education and Skills (Deputy Ruairí Quinn): An application under my Department’s Emergency Works Scheme for window replacement has been received from the school referred to by the Deputy. The purpose of the Emergency Works Scheme is solely for unforeseen emergencies or to provide funding to facilitate inclusion and access for special needs pupils. An emergency is deemed to be a situation which poses an immediate risk to health, life, property or the environment which is sudden, unforeseen and requires immediate action and in the case of a school if not corrected would prevent the school or part thereof from opening. As the scope of works for this project is outside the terms of the Emergency Works Scheme it cannot be considered for emergency funding. The school has been informed of the decision.
137. Deputy Joe Costello asked the Minister for Education and Skills if he will outline the present regime of higher education grants; if he has any proposals to change the funding levels and the distance requirements; and if he will make a statement on the matter. [13479/11]
[764]Minister for Education and Skills (Deputy Ruairí Quinn): In terms of regime, the Deputy will probably be aware that, currently, there are four student grant schemes administered by 66 grant awarding bodies (local authorities and VECs) on my Department’s behalf. However, earlier this year, the Student Support Act became law. This paves the way to consolidate the four existing schemes into a single unified scheme and I intend that this will happen for the 2011-12 academic year. In addition, plans are well underway to replace the 66 grant awarding bodies with one single authority.
I have approved the appointment of the CDVEC to operate this centralised body on a transitional basis subject to the agreement of an operational plan with my Department. The single authority will be operative from 2012. It will accept all new applications initially. Existing grant awarding bodies will continue to deal with the renewal of existing grants on a wind-down basis over three to four years. I will also be establishing an independent appeals board commensurate with the provisions of the legislation.
In tandem with these developments, the on-line application facility for students and the payment of grants by EFT continues to be rolled out. Taken together, I expect that these developments will make it easier for students to apply for a grant. They will also ensure consistency of treatment of applications and the timely payment of grants.
With regard to funding levels, the Deputy will be aware that the student grant measures announced in Budget 2011 by the previous Fianna Fáil-Green Party Government began to come into effect from January this year when a reduction of 4% in the rates of grant was applied to all student grant recipients. Further to this, budget measures that will come into effect from next September for the 2011-12 academic year will change the assessment of the qualifying distance criterion for the non-adjacent rate of grant from 24 kilometres to 45 kilometres and mature students will no longer have an automatic entitlement to the non-adjacent rate of grant.
I regret that given current economic circumstances I am not in a position to reverse any of these changes to the student grant schemes including that relating to the qualifying distance criteria for the non-adjacent rate of grant. I understand the concerns of students with regard to these measures and I will take account of these in considering any future changes as part of the budgetary process for 2012 and beyond, having regard to the position of the public finances.
138. Deputy Dominic Hannigan asked the Minister for Education and Skills the grants available for setting up an international language school to teach English to international students; and if he will make a statement on the matter. [13484/11]
Minister for Education and Skills (Deputy Ruairí Quinn): English language schools targeted at international students are primarily operated by the private sector. There are no grants available from my Department to fund the start up costs of such schools.
139. Deputy Mary Lou McDonald asked the Minister for Education and Skills the number of special needs assistants that schools in the Dublin central constituency will lose in the next academic year 2011-12; and if he will provide details of the schools affected. [13489/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I wish to inform the Deputy that there has been no overall reduction in the number of Special Needs Assistants in our education system. The Deputy will be aware that it is necessary to ensure that educational services are [765]delivered within the resources available due to the current fiscal position. I intend to prioritise and support special educational services. However, I cannot re-visit the previous Government’s decision to place a cap on the number of posts available under the Special Needs Assistant (SNA) scheme. This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. It also represents continual increases in the number of SNAs over recent years.
It is considered that with equitable and careful management and distribution of these resources that there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria. The NCSE has issued a circular to all schools advising of the allocation process for the 2011-2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools.
140. Deputy Tom Barry asked the Minister for Education and Skills if he will allocate an additional English language teaching provision as a matter of urgency for a school (details supplied) in County Cork. [13524/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Significant support is given to schools by way of language support provision. The level of extra teaching support provided in respect of language support to any school is determined by the numbers of eligible pupils enrolled and the associated assessed levels of those pupils’ language proficiency. This is done through an annual application process in the Spring-Summer of each year. My Department has received an application for part-time language support in respect of the school referred to by the Deputy for the 2011-2012 school year. Such applications relate to schools who have less than 14 eligible pupils for language support
Having regard to the overall level of demand for language support and other upward pressures on teacher numbers, the Department is not in a position at this stage to process and approve applications for part-time language support posts. This application will be considered in the Autumn when a clearer picture will have emerged in relation to how the Department is managing with the overall limits on teacher numbers.
141. Deputy Joe Costello asked the Minister for Education and Skills if a school (details supplied) in Dublin 7 has been transferred to his Department; if he has plans for its use; and if he will make a statement on the matter. [13529/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I am assuming that the Deputy is referring to the former premises of the school to which he refers. I can confirm to the Deputy that this property is not in my ownership and a technical examination completed by my Department has determined that the property is not suitable for future school accommodation. As such it is not my intention to pursue a transfer of all or part of this property to my Department for educational use.
142. Deputy Joe Costello asked the Minister for Education and Skills if he will clarify the appointment of home school community liaison co-ordinators for 2011-12; and if he will make a statement on the matter. [13530/11]
[766]Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that there is no curtailment to Home School Community Liaison (HSCL) Services, which is a major component of DEIS, (Delivering Equality of Opportunities in Schools), the action plan for educational inclusion. The current provision of HSCL services will remain in the 200 post primary and 345 urban primary schools participating in DEIS. The process of allocating teaching resources to schools for the 2011-12 school year and the arrangements for filling vacant or new teaching positions takes place in the context of the Programme for National Recovery, the EU-IMF Programme of Support for Ireland and the Public Service Agreement 2010-2014.
In relation to the Programme for National Recovery and the EU-IMF Programme of Support for Ireland it is necessary for my Department to exercise additional control and reporting measures this year to ensure that the number of teachers employed in schools is consistent with those programmes. The existing arrangements continue to remain in place whereby schools can only fill their vacancies from the surplus permanent and CID holding teachers. It is not possible to permit schools to fill vacancies in any other manner until the surplus permanent teachers are redeployed.
Schools with HSCL co-ordinator vacancies were requested to hold off making new appointments. Although HSCL co-ordinator appointments are made internally from among the staff of schools, the filling of the replacement post for the teacher deployed to undertake HSCL duties may have implications in relation to panel arrangements. Given that there are currently 248 surplus permanent and CID holding teachers remaining on panels my Department will not decide until 10 June 2011 (at the earliest) in relation to giving schools authority to commence recruitment in any other manner. My Department may decide at that stage to prioritise schools that have fully cooperated with the redeployment process.
Discussions with the relevant education partners also include devising whatever additional arrangements are necessary to facilitate the redeployment of any remaining permanent and CID holding teachers (including 21 surplus permanent teachers that do not currently have access to a redeployment panel).
143. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the reason schools have been instructed not to fill vacant home-school community liaison posts; and if he will make a statement on the matter. [13533/11]
144. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if he is committed to maintaining the home-school community liaison scheme in its current form staffed by fully qualified teachers; and if he will make a statement on the matter. [13534/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 143 and 144 together.
I wish to advise the Deputy that there is no curtailment to Home-School Community Liaison (HSCL) Services, which is a major component of DEIS, (Delivering Equality of Opportunities in Schools), the action plan for educational inclusion. The current provision of HSCL services will remain in the 200 post primary and 345 urban primary schools participating in DEIS. The process of allocating teaching resources to schools for the 2011-12 school year and the arrangements for filling vacant or new teaching positions takes place in the context of the Programme for National Recovery, the EU-IMF Programme of Support for Ireland and the Public Service Agreement 2010-2014.
In relation to the Programme for National Recovery and the EU-IMF Programme of Support for Ireland it is necessary for my Department to exercise additional control and reporting measures this year to ensure that the number of teachers employed in schools is consistent with [767]those programmes. The existing arrangements continue to remain in place whereby schools can only fill their vacancies from the surplus permanent and CID holding teachers. It is not possible to permit schools to fill vacancies in any other manner until the surplus permanent teachers are redeployed.
Schools with HSCL coordinator vacancies were requested to hold off making new appointments. Although HSCL co-ordinator appointments are made internally from among the staff of schools, the filling of the replacement post for the teacher deployed to undertake HSCL duties may have implications in relation to panel arrangements.
Given that there are currently 248 surplus permanent and CID holding teachers remaining on panels my Department will not decide until 10 June 2011 (at the earliest) in relation to giving schools authority to commence recruitment in any other manner. My Department may decide at that stage to prioritise schools that have fully co-operated with the redeployment process. Discussions with the relevant education partners also include devising whatever additional arrangements are necessary to facilitate the redeployment of any remaining permanent and CID holding teachers (including 21 surplus permanent teachers that do not currently have access to a redeployment panel).
145. Deputy Clare Daly asked the Minister for Education and Skills if he will take action to amend the anomaly whereby section 19(2) of the Education (Welfare) Act 2000 allows for a parent to act on their own whereas section 6(1) of the Guardianship of Infants Act specifies that the father and mother of an infant shall be guardians of the infant jointly. [13554/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Section 6 (1) of the Guardianship of Infants Act 1964 provides that the father and mother of an infant shall be guardians of the infant jointly. Section 19(2) of the Education (Welfare) Act 2000 provides that a parent who has applied to enrol their child in a school may be required to provide that school with such information as may be prescribed by the Minister. The Act does not distinguish between parents who act in concert and those who do not.
The Education Welfare Act 2000 provides that “parent” shall be interpreted to include —“a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter”.
In the event that a disagreement arises between parents or guardians in relation to the enrolment of a child, it is a matter to be resolved between the parents-guardians concerned. Where joint guardians cannot reach an agreement on an issue concerning the child then an application can be made to the court under the Guardianship of Infants Act 1964 and the court will make a decision in the child’s best interest. I have no plans to amend the Education Welfare Act in this regard.
146. Deputy Billy Kelleher asked the Minister for Education and Skills the position regarding the application by a school (details supplied) in County Cork to have an additional mainstream teacher appointed to the school for the beginning of the next school year to cope with the high enrolment of infants to the school. [13572/11]
[768]Minister for Education and Skills (Deputy Ruairí Quinn): The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing schedule for the 2011-2012 school year was published on my Department’s website in March 2011.
The staffing schedule also includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeal Board. Details of the criteria for appeal are contained in the staffing schedule, Circular 0019/2011. This school appealed their allocation of mainstream teaching posts for the 2011-2012 school year. The Primary Staffing Appeal Board considered the case at its meeting on 25 May 2011 and refused the appeal. The Board operates independently of the Department and its decision is final.
147. Deputy Joanna Tuffy asked the Minister for Education and Skills the position regarding an application for extension works at a school (details supplied) in County Dublin; the progress of the proposed extension; the likely time-frame for its completion; and if he will make a statement on the matter. [13581/11]
Minister for Education and Skills (Deputy Ruairí Quinn): In January 2011 my Department authorised the project referred to by the Deputy to complete Stage 2(b) -Detailed Design, which includes Tender Documents, and Statutory Approvals (Planning Permission, Fire certificate and Disability Access Certificate). Upon completion of stage 2(b) the Design Team will submit same to the Department for review. Thereafter the Department will be in contact with the Board of Management with regard to progressing the project to tender and construction stage.
148. Deputy Sean Fleming asked the Minister for Education and Skills if he will consider retaining rural co-ordinators under the delivering equality in education scheme in view of the fact that the abolition of the service does not affect urban schools in the DEIS scheme; and if he will make a statement on the matter. [13592/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The decision to remove the Rural Co-ordinator Service from 331 rural DEIS schools was a measure taken by the last Government to secure some €24 million in savings in the 2011-2012 school year. The service will therefore be discontinued with effect from 31 August 2011.
I do not intend to revisit the decision of the previous Government to withdraw rural coordinator posts. The Deputy will understand that Ireland is effectively now in economic receivership because of the disastrous legacy of the last Government. The requirements to make expenditure savings and to ensure that staffing numbers remain within the Public Service Employment Control Framework prevent me from re-visiting this decision.
This measure will not affect the provision of HSCL services which remain in 200 post primary and 345 urban primary participating in DEIS. DEIS rural primary schools will continue to receive the following supports:
The set of measures included in the National Recovery Plan 2011 to 2014 impacts on every sector of the public service and will unquestionably lead to significant challenges for schools as well as my Department in the coming years. The major challenge will undoubtedly be to seek improved outcomes for children with fewer resources.
149. Deputy Seán Kenny asked the Minister for Education and Skills the number of persons employed by FÁS by grade and the pay scale by grade. [13598/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The number of persons employed by FÁS as at 27th May 2011 was 1,923.98 (full-time equivalents). The following table provides a breakdown by grade, with pay scale by grade.
150. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if he will consider documentation in relation to a person (details supplied); if he will approve home school tuition funding as requested; and if he will make a statement on the matter. [13611/11]
Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy is 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 also to provide early educational intervention for pre-school children with autism. The child to whom the Deputy refers is not eligible for home tuition as she is enrolled in a special class. However I have requested that my officials liaise with both the National Council [770]for Special Education and the school in question to ensure that they are accessing the range of supports that are available to them to meet the individual needs of children.
The Deputy will be aware that my Department has also responded to the need to provide teachers with continuing professional development in special education. This has been a key priority in recent years. The establishment of the Special Education Support Service (SESS) to provide expert support, professional development and training opportunities in special education for school staff has been very significant. Furthermore the National Educational Psychological Support Service is available to provide advice and support to schools.
151. Deputy Niall Collins asked the Minister for Education and Skills the position regarding the provision of resource teaching hours in September 2011 in respect of a person (details supplied) in County Kerry. [13636/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teaching support to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to a temporary suspension of the allocation of additional resource teaching support hours.
The NCSE has issued a Circular to schools advising them that the final date for schools to submit any outstanding, completed, applications for resource teaching supports was 13th May 2011. On receipt of all outstanding applications the DES and NCSE will be in a position to consider resource allocation for the coming school year, in the context of the Department’s Employment Control Framework obligations. Schools will be notified of their allocations as soon as possible. In the interim, children who are eligible for resource-learning support teaching can receive this tuition through the existing learning support provision in schools.
152. Deputy Seán Kyne asked the Minister for Education and Skills the procedure followed by the Irish Research Council for Science, Engineering and Technology in allocating research funding on behalf of his Department in the areas of science, technology and engineering and if there are any mechanisms in place to ensure an appropriate balance of funding across the State. [13639/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The Irish Research Council for Science, Engineering and Technology (IRCSET) primarily funds PhD scholarships and early stage postdoctoral fellowships. Selection is on the basis of excellence following assessment by expert independent panels, whose membership is primarily international. IRCSET has in place a robust and transparent assessment protocol based on international best practice. A detailed description of the application process and criteria for the various schemes is published on the IRCSET website —www.ircset.ie. IRCSET does not place any emphasis on distributing awards on an institutional or regional basis. Similarly, there is no emphasis on funding one discipline over another. The awards are made solely on the basis of academic excellence and in accordance with published assessment criteria.
153. Deputy Tony McLoughlin asked the Minister for Education and Skills the position regarding an application by a school (details supplied) in County Sligo. [13644/11]
[771]Minister for Education and Skills (Deputy Ruairí Quinn): My Department has no record of an application for additional accommodation from the school in question. Should an application be received it will be assessed and the school authorities will be notified of the outcome. The application form concerned can be downloaded from my Department’s website on www.education.ie.
154. Deputy Mick Wallace asked the Minister for Education and Skills if he plans to review measures taken by the last Government to charge €200 per annum for school transport to all children within a two mile radius of the school regardless of them holding a medical card; if he will review the cases of two schools (details supplied) in County Wexford; and if he will make a statement on the matter. [13651/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from a recommendation in the Value for Money Review of the scheme. One of the changes, which takes effect from the beginning of the 2011-12 school year, is that the distance eligibility criterion will be applied uniformly to all pupils attending primary schools and the exemption under the ‘Central-Closed School Rule’ (CSR) will cease. This means that children who reside less than 3.2 kilometres from their school of attendance and who are currently availing of free transport to that school under the CSR will lose their transport eligibility.
Primary school pupils who are not eligible for school transport may apply for concessionary transport at an annual charge of €200 per pupil, subject to a family maximum of €650 per annum. Given the major financial constraints facing the country, I regret that I cannot reverse the changes to school transport as announced by the previous government in Budget 2011. We all have to understand the legacy of economic mismanagement which the last Government gave to the country.
155. Deputy Mick Wallace asked the Minister for Education and Skills if he will reverse the decision to increase the number of children needed in a distinct locality on a particular bus route from seven to ten to retain transport to the local primary school; his plans to determine the number of children that will not be able to attend school without the school transport scheme, as mentioned in the value for money review; and if he will make a statement on the matter. [13652/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from a recommendation in the Value for Money Review of the scheme. These changes include the requirement that a minimum of ten eligible pupils, residing in a distinct locality, will be required to retain or establish a school transport service from the 2011-12 school year. As is currently the position, families of eligible pupils, for whom there is no suitable school transport service available, may apply for the remote area grant towards the cost of making private transport arrangements.
Decisions in relation to the retention or establishment of school transport services will be made when all applications for school transport, for the 2011-12 school year, have been received and assessed. Given the major financial constraints facing the country, I regret that I cannot reverse the changes to school transport as announced by the previous government in Budget [772]2011. We all have to understand the legacy of economic mismanagement which the last Government gave to the country.
156. Deputy Billy Kelleher asked the Minister for Enterprise, Trade and Innovation the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13387/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Mr. Conor Quinn, Special Adviser has been appointed to my office with effect from 30 March 2011. His role is to provide advice to me as Minister for Enterprise, Trade and Innovation on press and communications matters and to carry out any other functions I may direct from time to time. Mr. Quinn was placed on the first point of the Principal Officer (standard) pay scale, i.e. €80,051 —€83,337 —€86,604 —€89,898 —€92,672.
157. Deputy Peter Mathews asked the Minister for Social Protection the value of foreign Government debt held by Irish pension funds; and if she will make a statement on the matter. [13332/11]
158. Deputy Peter Mathews asked the Minister for Social Protection the value of foreign equities held by Irish pension funds; and if she will make a statement on the matter. [13333/11]
Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 157 and 158 together.
Irish pension schemes hold a variety of asset types and in line with the practice of diversification of assets these investments are held both in Ireland and abroad. Industry estimates indicate that approximately 60 per cent of pension fund assets are held in equities with approximately 30 per cent held in bonds. While the exact breakdown in terms of whether these are domestic or foreign holdings is not available, it is estimated that the domestic holding is quite low, possibly less than 5 per cent of each of those asset classes.
Of course we would like to see greater investment in Irish assets where possible. In particular, we do want to encourage schemes to invest more in Irish bonds. The sovereign annuity initiative is one way in which schemes will be able to do that. Since the legislation was enacted a number of technical issues have emerged and work has been ongoing to address these and they are now being resolved. Simultaneously, the Pensions Board has been developing guidelines to assist potential providers of sovereign annuity products, which will be available shortly.
159. Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against the decision to refuse an application for a clothing allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13580/11]
Minister for Social Protection (Deputy Joan Burton): Under the supplementary welfare allowance (SWA) scheme an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each [773]application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment.
The HSE has advised that the application for assistance from the person concerned was refused as the need was not established. The person concerned was advised in writing of her right to appeal the decision to the relevant appeals office in the HSE. An appeal has been lodged with the Appeals Office in the HSE and the person will be notified of the outcome in writing when a decision has been reached.
160. Deputy Finian McGrath asked the Minister for Social Protection the position regarding a domiciliary care allowance appeal in respect of a person (details supplied) in Dublin 5. [13586/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hands, the Department has made a further nine (9) additional appointments to the office in recent weeks.
While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
161. Deputy Finian McGrath asked the Minister for Social Protection the position regarding a FÁS scheme in respect of a person (details supplied) in Dublin 5. [13720/11]
Minister for Social Protection (Deputy Joan Burton): As Minister for Social Protection I do not have a role in the administration of individual cases in regard to the operation of the Community Employment programme. The administration of individual cases under CE is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act, 1987, as amended by Part 3 of the Social Welfare (Miscellaneous Provisions) Act, 2010. I am advised by FÁS that the individual in question has been granted an extension until December 2011 which will be her finish date. FÁS has further advised that nearer to her finish date on CE she should contact her local FÁS Employment Services Office to discuss further employment and training options that may be available to her.
162. Deputy Brendan Griffin asked the Minister for Social Protection when a decision will be made on the application for invalidity pension in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [13225/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who [774]proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further nine (9) additional appointments to the office in recent weeks.
While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
163. Deputy Jack Wall asked the Minister for Social Protection when a decision will be made on the application for invalidity pension in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [13230/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further 9 additional appointments to the office in recent weeks.
While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
164. Deputy Simon Harris asked the Minister for Social Protection if a person (details supplied) is eligible for mortgage interest supplement payments in view of the specific circumstances that have been communicated by the person to the Health Service Executive. [13236/11]
Minister for Social Protection (Deputy Joan Burton): Under the qualifying conditions for mortgage interest supplement the amount of mortgage interest payable by the claimant should not exceed such amount as the Health Service Executive (HSE) considers reasonable to meet the applicant’s residential and other needs. Where such circumstances arise, the Executive may award the supplement for a period of no more than 12 months.
The HSE has advised that it awarded a mortgage interest supplement to the person concerned for a 12 month period from September 2009 to August 2010 on the grounds that the amount of mortgage interest payable in this case was in excess of what it considered reasonable [775]to meet the residential needs of the person concerned. The payment of mortgage interest supplement was terminated from September 2010. The HSE has further advised that this decision has been appealed to its designated Appeals Officer and a decision on entitlement will be made in due course.
165. Deputy Áine Collins asked the Minister for Social Protection the reason for the delay in deciding the appeal for domiciliary care allowance in respect of a person (details supplied). [13244/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 08 December 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 21 February 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time of appeals and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further nine (9) additional appointments to the office in recent weeks. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
166. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when a decision will issue on a domiciliary allowance appeal in respect of a person (details supplied) in County Monaghan. [13252/11]
Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, has partially allowed the appeal of the person concerned. Notification of the Appeals Officers decision has issued to the person concerned. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
167. Deputy Jack Wall asked the Minister for Social Protection the position regarding a clothing allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13309/11]
Minister for Social Protection (Deputy Joan Burton): Under the supplementary welfare allowance (SWA) scheme an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment. The HSE has advised that an appeal against its decision to refuse the application for assistance has been made and the person concerned will be notified of the outcome in due course.
168. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when carer’s allowance will be restored in the case of a person (details supplied) in County Kildare in view of the issues of contention that have been restored; and if she will make a statement on the matter. [13320/11]
Minister for Social Protection (Deputy Joan Burton): The person concerned is in receipt of carer’s allowance in respect of one care recipient. An additional application for carer’s allowance in respect of a second care recipient was made and was refused on the 15th April 2011. It was determined that full time care and attention was not being provided and that the claimant had been working more than 15 hours a week. The claimant was notified of the decision and of their right of review or appeal, within 21 days to the independent social welfare appeals office.
Given that we now understand that the claimant is no longer working for over 15 hours per week and that circumstances surrounding the care of the second care recipient may have changed, her claim will be reviewed. She will be notified of the outcome of the review in due course.
One of the statutory conditions for the receipt of carer’s allowance is that the carer must not be working outside of the home for 15 hours a week or more. The claimant has therefore been assessed with an overpayment for the period of time during which she was working over 15 hours per week. Again the person concerned was notified of the decision and of their right of review or appeal, within 21 days to the independent Social Welfare Appeals Office.
169. Deputy Anne Ferris asked the Minister for Social Protection her plans to introduce a financial assistance scheme for self-employed persons whose businesses have failed as a result of the economic downturn; and if she will make a statement on the matter. [13323/11]
Minister for Social Protection (Deputy Joan Burton): I plan to keep the position of this group under review. Self-employed workers whose businesses cease or if they are on low income as a result of a downturn in demand for their services, have access to social assistance-based payments, such as jobseeker’s allowance, subject to a means test . In assessing the means of a self-employed person, a flexible approach is adopted, taking account of the individual’s particular situation and the overall economic circumstances. As it is more difficult to predict exactly what level of income a self-employed person might earn in the coming year, their income and activity levels in the last 12 months are generally used as a guide to estimate their likely future earnings. However it is not simply assumed that the previous year’s earnings will be received in the coming year.
170. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will conduct and publish a cost-benefit analysis of using the PRSI system not only to collect the auto-enrolment pension contributions that are proposed by the national pensions framework but also to manage that money and make payments rather than handing those responsibilities over to the private pension industry considering the inefficiencies that are typical of it. [13330/11]
Minister for Social Protection (Deputy Joan Burton): Increasing pensions coverage, particular amongst the lower paid and those with gaps in their employment, is a priority for the Government. The introduction of an auto-enrolment system is one of the best ways in which we can do this. An inter-departmental/agency group, chaired by the Department of Social [777]Protection is developing the legislative, regulatory and administrative infrastructure required to introduce a number of pension reforms in the National Pensions Framework, including auto-enrolment.
It is envisaged that contributions for an auto-enrolment system will be collected through the PRSI system and the Government will decide how those investment funds will be selected and managed. It is expected that a competitive process will be run by the State which will also ensure that charges are kept to a minimum. It is intended that the auto-enrolment scheme will be introduced in 2014 but only if it would be prudent given the economic conditions prevailing at that time.
171. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the steps she is taking to identify the level and scale of costs in the private pensions industry. [13331/11]
Minister for Social Protection (Deputy Joan Burton): The overall objective of the pension system is to provide an adequate basic standard of living through direct state supports and to encourage people to make supplementary pension provision for themselves so that they can have an adequate income in retirement. A system which delivers on this objective must be sustainable and affordable. The charges associated with the provision of private pensions are an important element in achieving these objectives in an effective and efficient manner.
I have asked the Implementation Group for the National Pensions Framework to bring forward their work on examining the options to bring greater simplification and transparency to the issue of pension charges. In the initial phase the group will endeavour to collect as much information as possible in relation to the level of costs and charges that currently apply. This will assist future decisions in this area.
172. Deputy Billy Kelleher asked the Minister for Social Protection the names of the special advisers appointed to her office since 9 March 2011; their specific role and the level of salary they will be earning. [13393/11]
Minister for Social Protection (Deputy Joan Burton): I have not yet appointed any special advisers to my office.
173. Deputy Terence Flanagan asked the Minister for Social Protection her views on a matter (details supplied) regarding self-employed persons; and if she will make a statement on the matter. [13477/11]
Minister for Social Protection (Deputy Joan Burton): A self-employed person, who previously paid Class A contributions, may still have access to short-term social insurance schemes for a limited period of time, where they have the required number of paid Class A contributions in the relevant tax year. The relevant tax year is the second last complete contribution (tax) year prior to the date on which a claim for benefit is made. Thereafter a self-employed worker has access to social assistance-based payments, such as jobseeker’s allowance, subject to a means test, if they are on low income as a result of a downturn in demand for their services or should their business cease. Contributions previously paid at Class A together with PRSI paid as a self-employed contributor will both be reckonable to establish entitlement to the Contributory State Pension upon retirement.
174. Deputy Sandra McLellan asked the Minister for Social Protection if she will review an appeal for disability allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [13498/11]
Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, allowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
175. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection, further to Parliamentary Question No. 175 of 10 May 2011, considering the average processing times are calculated employing the dates of finalisation, the reason it has not been possible in the past to provide figures for the longest processing times across various schemes in response to parliamentary questions on same and if she will now provide a breakdown of the longest waiting times for a decision on appeals for each scheme. [13501/11]
Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that the report referred to by the Deputy is a report produced by the appeals computer system which generates the average processing times for appeals by scheme. The system works by calculating the number of days for each case from registration to finalisation and averages the total.
No report is available which shows the longest individual waiting times for decided cases and to design such a report would require an enhancement to the suite of reports currently available from this system. I am also advised that such information may in any event be of little value as the longest awaiting appeals are generally held up by extraordinary circumstances such as court proceedings.
I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.
176. Deputy Simon Harris asked the Minister for Social Protection if a person (details supplied) in County Wicklow is entitled to receive rent supplement; and if she will make a statement on the matter. [13504/11]
Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the person concerned was refused rent supplement. The HSE further advised that the person concerned appealed the decision to the HSE Appeals Office and to the Social Welfare Appeals Office; both offices upheld the decision to refuse rent supplement.
177. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the reason persons who have been in receipt of jobseeker’s allowance and subsequently take up work on a FÁS scheme lose their entitlement to apply to the Tús scheme; her views on whether this is [779]a disincentive to unemployed persons availing of the FÁS scheme and if she will amend the Tús eligibility requirements accordingly. [13506/11]
Minister for Social Protection (Deputy Joan Burton): Tús is a community work placement initiative which will provide up to 5,000 short-term, quality work opportunities for those who are unemployed for more than a year. Some €30 million has been provided in the Department’s Estimates in 2011 to fund the roll-out of the initiative. This initiative is delivered through the network of local development companies and Údarás na Gaeltachta in Gaeltacht areas. Participants will, in the first instance, be identified by the Department of Social Protection by applying the following conditions:
The purpose of Tús is to focus on those people who are long-term unemployed. For this reason, eligibility is at present confined to those on the Live Register for 12 months and in receipt of jobseeker’s allowance. These provisions are to ensure a targeted approach to those currently affected by long-term unemployment. Persons already in employment are not eligible for these positions. The operation of the scheme, including eligibility criteria, will be kept under review and will inform the evaluation process in due course.
178. Deputy Tom Hayes asked the Minister for Social Protection the reason domiciliary care allowance claimants caring for small children, some as young as five years of age with epilepsy, are being refused despite the level of care and supervision needed by these children; and if she will make a statement on the matter. [13571/11]
Minister for Social Protection (Deputy Joan Burton): Eligibility for domiciliary care allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Children with epilepsy, or any other condition, do not automatically qualify for a payment under the scheme. Each application is assessed on an individual basis taking account of the evidence submitted.
The Department uses a set of consistent and objective guidelines in determining the medical eligibility of children for the scheme. Every application is assessed by one of the Department’s medical assessors and an individual medical opinion, based on the information submitted by the applicant in support of the claim, is offered in each case. The deciding officer then makes a decision having considered the medical opinion provided and all the other information available.
In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a he/she may appeal the decision to the Social Welfare Appeals Office.
179. Deputy Joe Carey asked the Minister for Social Protection if she will allow those in receipt of the carer’s allowance to work up to 19.5 hours per week instead of the current 15 [780]hours per week without affecting their entitlements; and if she will make a statement on the matter. [13576/11]
Minister for Social Protection (Deputy Joan Burton): A qualifying condition for the payment of carer’s allowance is that the person receiving care is medically assessed as needing care on a full-time basis. While carers may work up to fifteen hours per week, any further expansion would necessarily dilute the very notion of ‘full time care and attention’ and could directly impact on the person who needs that care. For this reason I have no plans for a further increase in the hours of work allowed from the current fifteen per week. When a person’s caring responsibilities cease, they may transfer to another payment such as jobseeker’s allowance and have their time spent in receipt of carer’s allowance counted towards the community employment qualifying period.
180. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she has considered extending the home-makers scheme disregard to apply to the State pension transition. [13584/11]
181. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the steps she will take to transform the home-makers disregard into credits and award these retrospectively to 1973. [13585/11]
Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 180 and 181 together.
The homemaker’s scheme makes qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme which was introduced in and took effect from 1994 allows up to 20 years spent caring for children under 12 years of age or incapacitated adults to be disregarded when a person’s social insurance record is being averaged for pension purposes.
To be eligible for the homemakers scheme, a person must permanently live in the State, be aged under 66, have started insurable employment or self-employment on or after the age of 16 and before the age of 56, not work full-time, although a person can work and earn less than €38 gross per week, care for a child (under 12) or an incapacitated person on a full-time basis.
The scheme will not, of itself, qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance ten years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied. The aim of the National Pensions Framework is to deliver security, equity, choice and clarity for the individual, the employer and the State. It also aims to increase pension coverage, particularly among low to middle income groups and to ensure that State support for pensions is equitable and sustainable.
One of the changes outlined in the Framework will introduce a system of homemaker’s credits to replace the current disregard from 2012 and allow backdating to 1994 for the purpose of the averaging system that will continue until 2020. This means that people reaching pension age after the credits are introduced will have credits rather than disregards applied to their records to cover periods of care since 1994 (up to a maximum of 20 years). This represents a significant improvement, particularly for women and those who take time out of the workforce for caring duties.
[781]Upon introduction of the total contributions approach in 2020, the maximum number of credits applicable for pension purposes will be 520 (i.e. 10 years). It is intended that a standard approach will apply to the various categories of people who receive credited contributions, including jobseekers and people with disabilities. An implementation group chaired by my Department is developing the legislative, regulatory and administrative infrastructure required to put the necessary reforms into operation. There are no plans to introduce the changes outlined by the Deputy.
182. Deputy Tony McLoughlin asked the Minister for Social Protection the reason a person (details supplied) in County Leitrim was refused carer’s allowance. [13642/11]
Minister for Social Protection (Deputy Joan Burton): The person concerned made an application for carer’s allowance which was received on the 30th April 2011. On the 21st May 2011, following an assessment by the Department’s medical assessor of the medical evidence supplied, the application was refused on the grounds that the care recipient is not so disabled as to require full-time care and attention as prescribed in the social welfare legislation. The person concerned was notified of the decision and of their right of review or appeal, within 21 days to the independent Social Welfare Appeals Office.
183. Deputy Martin Ferris asked the Minister for Social Protection if an appeal will be expedited in respect of a person (details supplied) in County Kerry. [13718/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22 December 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 08 March 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time of appeals and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further 9 additional appointments to the office in recent weeks. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
184. Deputy Pat Breen asked the Minister for Tourism, Culture and Sport when a decision will issue on an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [13523/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): In May 2010, the voluntary bog purchase scheme was closed to new applicants. Processing of applications on hand has been slower than anticipated due to capacity constraints in undertaking the conveyance work involved.
[782]The Government recently announced a number of decisions regarding the future management of peatlands in Ireland and, in particular, the protection of bogs designated as Special Areas of Conservation and Natural Heritage Areas. In addition to the establishment of an independent Peatlands Council, the Government has announced a compensation package for turf-cutters in sites where continued turf cutting is no longer possible for reasons of environmental protection. My Department will be writing to all remaining applicants under the voluntary purchase scheme in the coming weeks to outline their options in light of the availability of alternative compensation arrangements.
185. Deputy Tony McLoughlin asked the Minister for Tourism, Culture and Sport the reason public berths recently taken in charge by Waterways Ireland at Leitrim village from a local development company (details supplied) has not been patrolled by officers representing Waterways Ireland; the reason a boat, sunk since January 2010 has not been recovered and removed; and if he will make a statement on the matter. [13640/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I am informed by Waterways Ireland that all of the works on the proposed public jetty at Leitrim village have not yet been completed by the developer to the satisfaction of Waterways Ireland. I understand that this has been the case for some time and there has been ongoing correspondence between the legal representatives for Waterways Ireland and the developer in an attempt to move matters to a resolution. Waterways Ireland has continued to follow up on this list of outstanding matters but to date have been unable to have these matters resolved.
I understand that Waterways Ireland did not at any stage take control of the jetty and, until the list of outstanding works has been completed, the jetty is deemed a private development in the ownership of the developer and is not the responsibility of Waterways Ireland. When all the works have been completed by the developer to the satisfaction of Waterways Ireland, it is intended that the jetty shall be transferred to Waterways Ireland for use as a public jetty and the Shannon Navigation Bye-laws shall be implemented in its management.
I am advised that the boat which sank at this jetty is the responsibility of the developer, who has management responsibility for the jetty. When Waterways Ireland was made aware of the situation on 17th December 2010, it made every effort to contact the registered owner of the boat. I understand that the boat is now afloat alongside the jetty.
186. Deputy Sandra McLellan asked the Minister for Tourism, Culture and Sport his plans to maximise the employment opportunities for artists in the interactive media games and digital graphics industry; and if he will make a statement on the matter. [13270/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I refer the Deputy to my answer to Priority Question No. 30 of 11 May 2011 in which I stated to the House that I hope shortly to publish a review of the Irish audio visual production content sector in Ireland which includes interactive media games and digital graphics industry.
187. Deputy Liam Twomey asked the Minister for Tourism, Culture and Sport the amount of funding available for a centre (details supplied) in County Wexford; and if he will make a statement on the matter. [13340/11]
[783]Minister of State at the Department of Community, Equality and Gaeltacht Affairs (Deputy Dinny McGinley): Funding of €136,683 was paid to the organisation mentioned in the details supplied by the Deputy under An Scéim Phobail Gaeilge 2008-2010 which is administered by Foras na Gaeilge. The funding was in respect of salary costs for a development officer, other administration costs and a programme of activities. No capital funding was approved. I understand from Foras na Gaeilge that the organisation has not been approved for funding under An Scéim Phobail Gaeilge 2011-2013 as it did not fulfil the pre-selection conditions of the scheme.
188. Deputy Billy Kelleher asked the Minister for Tourism, Culture and Sport the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13395/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I am currently in the process of appointing Mr Seán Mac Cárthaigh as one of my special advisers. Mr. Mac Cárthaigh’s principal role will be to co-ordinate the implementation of the elements of the Programme for Government relevant to this Department and to provide advice to me in relation to my Arts, Culture, Heritage and Gaeltacht responsibilities. I propose to appoint a second adviser in due course.
189. D’fhiafraigh Éamon Ó Cuív den Aire Turasóireachta, Cultúir agus Spóirt ar ceadaíodh airgead ag aon am do Chomóradh 75 bliain Ráth Chairn Contae na Mí, i 2010; agus an ndéanfaidh sé ráiteas ina thaobh. [13403/11]
Minister of State at the Department of Community, Equality and Gaeltacht Affairs (Deputy Dinny McGinley): Cheadaigh mo Roinnse deontas €20,000 (nó 50% den chostas, cibé acu ba lú) do Chomharchumann Ráth Chairn ar 31 Lúnasa 2010 mar chabhair chun clár imeachtaí a eagrú a raibh sé mar chuspóir aige ceiliúradh a dhéanamh ar an dtréimhse 75 bliain ó bunaíodh an Ghaeltacht ansin. Sainíodh go sonrach mar choinníoll den deontas gur i leith leabhair staire, deilbhe agus léarscáile a raibh an deontas á cheadú, seachas ar chostais a bhain le gnéithe eile den chlár imeachtaí a bhí leagtha amach.
Ní raibh ar chumas mo Roinne an deontas a íoc leis an gComharchumann go fóill os rud é nár soláthraíodh fianaise do mo Roinn gur comhlíonadh an coinníoll a bhain leis an ndeontas. Lorg an Comharchumann achomharc ar an gcinneadh sin agus tá an t-achomharc idir lámha ag mo Roinn faoi láthair.
190. D’fhiafraigh Éamon Ó Cuív den Aire Turasóireachta, Cultúir agus Spóirt cé mhéid airgid atá ar fáil i 2011 do na scéimeanna caipitil sa Ghaeltacht, an caiteachas go dáta; agus an ndéanfaidh sé ráiteas ina thaobh. [13405/11]
Minister of State at the Department of Community, Equality and Gaeltacht Affairs (Deputy Dinny McGinley): Mar is eol don Teachta, rinneadh laghdú mór ar an riar caipitil do mo Roinn don bhliain 2011, lena n-áirítear na scéimeanna caipitil Gaeltachta. Táim muiníneach, áfach, go n-éireoidh le mo Roinn a cuid tosaíochtaí a bhaint amach laistigh den riar caipitil a tugadh.
Léiríonn an tábla thíos an riar atá ar fáil i 2011 do na scéimeanna caipitil sa Ghaeltacht agus an caiteachas atá déanta go dáta.
191. Deputy Tom Fleming asked the Minister for Communications, Energy and Natural Resources when the Cromane salmon draft net fishery will be opened in Castlemaine Harbour, Country Kerry, in 2011. [13255/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): As the Deputy may be aware there is a statutory public consultation process currently underway in relation to the proposal to re-open the commercial draft net fishery in Castlemaine Harbour. The closing date for the receipt of submissions is 19 June 2011. I will make a decision on the matter as soon as possible thereafter.
192. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources if he will provide a progress report on plans for a high-speed broadband connection scheme in Skibbereen, County Cork; the timescale for the completion of the project; and if he will make a statement on the matter. [13539/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I am assuming the Deputy is referring to the Metropolitan Area Network in Skibbereen which, as with all the Metropolitan Area Networks (MANs) throughout the country are managed and operated by e|net who were appointed following a procurement process and who make the networks available to the telecommunications sector. All connections to the MANs are wholesale connections which may be used by the relevant service provider to provide services to multiple end users.
In the case of the Skibbereen MAN, e|net has been exploring various backhaul options with operators in the area. In the event that a business premises in Skibbereen wants broadband services delivered over a fibre connection, e|net would set out the possible options and costs. e|net remains available at all times to discuss the options for connection to the MAN with interested parties.
In addition, under the NewERA proposals in the Programme for Government there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broadband to every home and business in the State. Consideration of how best to develop these proposals, is currently being advanced by my Department with other stakeholders across Government.
In order to accelerate the development of high speed broadband, my colleague Minister of State O’Dowd and I intend to engage intensively with industry. The discussions will focus on [785]identifying private and State sector investment plans, removal of barriers to investment where appropriate, and establishing appropriate targets and programmes. The Next Generation Broadband Taskforce (NGBT), which includes representatives of large and smaller telecommunications network providers, will consider how best to roll out Next Generation Broadband. The NGBT will meet shortly to discuss policy and related matters. I expect that the NGBT will be helpful in terms of identifying the optimal policy position to deliver wider customer access to high-speed broadband.
193. Deputy Joe Carey asked the Minister for Communications, Energy and Natural Resources the research that will be undertaken by him into all relevant implications of exploration by commercial interests for natural gas here using techniques called hydraulic fracturing; and if he will make a statement on the matter. [13583/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Earlier this year, my Department granted onshore Petroleum Licensing Options to three companies over parts of the North West Carboniferous and the Clare Basins. The Licensing Options specifically exclude exploration drilling but may include shallow geological sampling. The Options are designed to allow the companies assess the natural gas potential of their acreage largely based on desktop studies of existing data from previous petroleum exploration activity.
Exploration activity under these authorisations is at an early stage and there is no certainty that it will lead to applications for follow-on exploration licences that would be required before exploration wells could be drilled. In the event hydraulic fracturing was envisaged as part of a possible future exploration or production programme, then that activity would be subject to an environmental impact assessment, including an appropriate public consultation phase.
194. Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources if he will outline where the State lands are as referred to in the attached letter of 31 March 2011; and if he will make a statement on the matter. [13615/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The lands in question are the former mine lands at Avoca, County Wicklow that have come into State ownership. It had been brought to the attention of my Department by a member of the public that the matters referred to in the letter, i.e. the alleged unauthorised entry onto State lands, which have been fenced and signposted as containing hazards, was taking place.
Having regard to the potential hazard to the public that was reported in relation to people being brought onto the site, The Chief State Solicitor’s Office (CSSO) was instructed by my Department to pursue the issue and that Office has been in subsequent correspondence with the tour operator. As the matter is being dealt with by the CSSO, I have nothing further to add.
195. Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources his plans to ensure broadband capability in an area (details supplied) in County Wicklow; and if he will make a statement on the matter. [13235/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The provision of broadband services is in the first instance a matter for private sector service providers operating in Ireland’s fully liberalised telecommunications market. Broadband services [786]are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Therefore, the State only intervenes in the area of broadband provision in cases of clear market failure. Broadband services are available in the area referred to in the Deputy’s question. Details of broadband services available in each county can be found on ComReg’s website, www.callcosts.ie.
196. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources if he has the responsibility to ensure that all agencies and semi-State companies under the aegis of his Department adhere to the public procurement procedures laid down by the Department of Finance; the systems in place to investigate any concerns raised by the public in relation to adherence to these procedures; the general systems in place in his Department to have oversight of this responsibility; and if he will make a statement on the matter. [13288/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The procurement activities of the bodies and agencies operating under the aegis of my Department are day-to-day operational matters for those bodies and agencies. It is the responsibility of the board of each agency and company to satisfy itself that the requirements for public procurement are adhered to. Each body and agency submits an Annual Report to my Department under the Code of Practice for the Corporate Governance of State-sponsored Bodies of which compliance with procurement requirements is an integral component. My Department keeps all of the bodies and agencies operating under its aegis fully up to date with the Department of Finance’s procurement guidelines and their obligations in that regard. As the Deputy will be aware, public bodies are required to comply with EU public procurement rules when procuring goods and services.
197. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the oversight systems he has in place to ensure that the services delivered under the national broadband scheme are as per the agreement with the provider and in particular the systems put in place to ensure that customer service was put in place for persons who are experiencing difficulties with the delivery of this service; and if he will make a statement on the matter. [13366/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My Department entered into a contract with 3, a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS) in late December 2008. Since then, 3 has progressed its network roll out and since October 2010, NBS broadband services are available in all of the 1,028 designated Electoral Divisions covered under the Scheme, in line with contractual commitments. My Department has put in place robust monitoring arrangements to ensure that the NBS network delivers the minimum specified service or better to all users. Performance delivery data, which is submitted to my Department on a monthly basis or as required, is critically analysed by independent technical consultants, Analysys Mason Limited.
The monitoring arrangements provide information on a wide range of key indicators including the broadband excess availability in each cell of the network, the number of customers resident in that cell and actual contention and latency values. Utilisation thresholds are set for each element of the network and upgrades of the network and its capacity are automatically triggered at contractually agreed levels of traffic to ensure that the quality of the broadband [787]service is maintained. In addition, a sample selection of customers is monitored for quality on a monthly basis. Download and upload speeds are sampled at a number of locations monthly to ensure that minimum speeds are met or exceeded.
The National Broadband Scheme contract guarantees service levels and imposes a service credit regime on 3 with significant financial consequences in the event that minimum specification service levels are not met. The contract also provides for independent monitoring and audit at any stage during the contract with a view to verifying that the services are being provided in accordance with the contract.
In relation to customer service, 3 operates a dedicated customer care facility for the duration of the scheme. Customers can contact this customer care facility 24 hours a day, seven days a week, by phone at 1800 944 791 (free of charge), via e-mail to NBSenquiries.ie@3mail.com or by post to 3 Customer Services, Hutchison 3G Ireland Ltd, PO Box 333, Dublin 2. Additionally, a team of field engineers has been established to address NBS installation and maintenance issues at customer premises. My Department also operates a dedicated NBS mailbox, which NBS customers can contact by e-mail, at nationalbroadbandscheme@nbs.ie, with any comments they may have about their NBS service. Information on the NBS is also available at www.three.ie/nbs.
198. Deputy Billy Kelleher asked the Minister for Communications, Energy and Natural Resources the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13383/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Government appointed Mr. Finbarr O’Malley and Mr. Simon Nugent as my Special Advisers with effect from 28 March 2011 and 11 April 2011 respectively. My Department received sanction from the Department of Public Expenditure and Reform to appoint Mr. O’Malley at a salary rate of €83,337 per annum and Mr. Nugent at a salary rate of €97,200 per annum. My Advisers will undertake duties appropriate to the position of Special Adviser as set out in section 11 of the Public Service Management Act 1997.
199. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources his plans for the setting up of the 116000 EU hotline number for missing children; if he will expedite the matter; and if he will make a statement on the matter. [13481/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I do not have a policy function in relation to the provision of a service for reporting missing children. The allocation of specific numbers in the 116 number range, which are reserved for services of social value, is managed in Ireland by the Commission for Communications Regulation (ComReg). The role of ComReg is limited to the assignment of the number to an appropriate service provider. Once the number has been assigned, it is a matter for the service provider to provide the service. Neither ComReg nor my Department has any function in providing such services or the remit to require any organisation to provide the service.
While the number 116000 has been specifically reserved for a hotline for missing children, it will not become operational until it is assigned to an appropriate service provider. ComReg has published an information notice on its website which makes all relevant information available to potential applicants who may wish to provide the 116000 service. It also issued corre[788]sponding national press advertisements inviting applications for the number in question. Unfortunately, to date, no applications have been received in respect of the 116000 service.
The Department of Justice, Equality and Defence and the Department of Health and Children, have policy functions in the area of missing children and child protection respectively and the question of providing a missing children’s hotline has been raised with them. Officials from my Department are continuing to engage with those Departments on this issue.
200. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources the action he will take to stop unsolicited text messages; and if he will make a statement on the matter. [13486/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The sending of unsolicited text messages for direct marketing purposes without the consent of the mobile phone subscriber or user is an offence under national legislation. The Office of the Data Protection Commissioner has statutory responsibility for monitoring compliance in this area. Any complaint regarding the receipt of unsolicited text messages should be directed to it for investigation and appropriate follow-up enforcement action.
If a person has unwittingly subscribed to a service on their mobile phone, which incurs an ongoing charge on their telephone bill, it is probable that they have subscribed to a premium rate service. The Commission for Communications Regulation has statutory responsibility for the regulation of premium rate services. Any complaint regarding such services should be directed to that body. Comprehensive information on the rights of individuals and complaints procedures is available on the websites of these bodies.
201. Deputy Eamonn Maloney asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of adequate broadband services in areas (details supplied) in south Dublin. [13522/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The provision of broadband services is, in the first instance, a matter for private sector service providers operating in Ireland’s fully liberalised telecommunications market. Broadband services are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Details of the broadband services available in each county can be found on ComReg’s website, www.callcosts.ie. In cases of market failure, the Government will intervene where it is appropriate and possible to do so.
The National Broadband Scheme (NBS) represents such an intervention. EU State aid and competition rules govern how states can intervene in areas where existing service providers are operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion. The areas of south Dublin referred to in the Deputy’s question were deemed to be adequately covered by existing commercial operators and were therefore excluded from the scheme.
It continues to be a priority of the Government that there will be broadband coverage across the entire country. I am aware that there continues to be a small percentage of premises throughout the country that are not capable of receiving broadband services. This is primarily due to technical and other reasons, such as suitability of a telephone line, distance from an enabled exchange or no line of sight etc. The European Commission has set aside a portion of the European Economic Recovery Programme funding for rural broadband initiatives. Using [789]this funding, which will be augmented by an Exchequer contribution, earlier this month I formally launched a Rural Broadband Scheme. This scheme aims to identify the remaining individual premises in rural Ireland, outside of the NBS areas, that are unable to obtain a broadband service and to provide a basic broadband service to those premises where requested. Information in relation to acceptance of applications and the process of qualification under the scheme is available on my Department’s website, www.dcenr.ie, or by contacting my Department on lo-call 1850 678100.
In addition, under the NewERA proposals in the programme for Government, there is a commitment to co-invest with the private sector and commercial semi-State sector to provide next generation broadband to every home and business in the State. Consideration of how best to advance these proposals is being advanced by my Department with other stakeholders across Government.
202. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will respond to correspondence (details supplied) regarding the domestic installation market; and if he will make a statement on the matter. [13570/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I understand that officials from the Sustainable Authority of Ireland (SEAI) have met representatives of the association on a number of occasions. However, the presence of the energy suppliers in the retrofit market requires clarification. First, just one energy supplier is processing applications on behalf of customers. This is being undertaken on a trial basis with a view to designing an appropriate industry wide solution. The number of applications processed to date through this mechanism is approximately 300, which when compared to the 18,000 applications of a similar type represents a fraction of the total market. In other words, the vast majority of work and resultant employment arising from Exchequer aid being provided under the National Retrofit Scheme is being undertaken by the private sector. This situation will also pertain in respect of the additional €30 million provided for the scheme in the recent Jobs Initiative.
A second issue circulating is that energy suppliers have access to alternative funding arrangements from the Government. This is not the case. Any funding that the SEAI receives from my Department is made available on an open and transparent basis, as is evidenced by the Support for Exemplar Energy Efficiency Projects and Energy Efficiency Retrofit Fund programmes run by the SEAI in recent years. Some companies have private arrangements with finance houses, which they leverage to provide a one-stop-shop approach for customers. This is to be encouraged as it reduces the burden for customers seeking to improve the energy efficiency of their homes and represents a model for future activity.
In launching Better Energy: The National Upgrade Programme on 11 May last, I made reference to the importance of access to finance. The Government has demonstrated its commitment to this area by allocating an additional €30 million to the retrofit programme, which will support a further 2,000 jobs this year. While State support helps develop the overall market and incentivise action, it is not the long-term solution. Sustainable markets must develop, based on sound economics and available financing from the banks. Government has given a clear direction that support for domestic energy efficiency measures will cease after 2013. This is the right decision, as the retrofit market needs to wean itself off State subsidies and identify new ways of attracting consumers.
[790]In this regard, I have directed my officials to bring forward a pay-as-you-save scheme that will seek to reduce or eliminate the upfront cost of retrofit measures for consumers. Key partners in the development of this innovative financing mechanism will be the pillar banks, which I anticipate will be willing and active participants. I stress that in this scenario, the resultant work will continue to be available to all participants in the retrofit industry.
203. Deputy Seán Kenny asked the Minister for Communications, Energy and Natural Resources the number of persons employed by his Department by grade; and the pay scale of each grade in his Department. [13609/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Table 1 gives details of all employees of the Department by Grade. Pay scales for general service grades are available at www.finance.gov.ie/documents/circulars/circular2009/circ282009.pdf. Table 2 details salary scales for our technical grades. Table 3 details salary scales for ministerial staff.
| €78,939.00 | €82,493.00 | €86,036.00 | €89,588.00 | €92,672.00 | €95,550.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €98,424.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 61364(9) | O52 | ASST DIR GEOLOGICAL SURVEY — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €82,964.00 | €86,701.00 | €90,434.00 | €94,170.00 | €97,416.00 | €100,447.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €103,472.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 1101(Y) | B93 | ASST DIRECTOR OF COMM BUSINESS TECH | 01 Jan 2010 | Annual | Budget 2009 |
| €80,051.00 | €83,337.00 | €86,604.00 | €89,898.00 | €92,672.00 | €95,550.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €98,424.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 61101(8) | O11 | ASST DIRECTOR OF COMM BUSINESS TECH PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €84,132.00 | €87,595.00 | €91,033.00 | €94,496.00 | €97,417.00 | €100,446.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €103,472.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 7055(6) | I45 | ASST SUPERINTENDENT OS & GSI | 01 Jan 2010 | Annual | Budget 2009 |
| €36,343.00 | €37,282.00 | €38,119.00 | €38,926.00 | €39,726.00 | €40,550.00 |
|---|---|---|---|---|---|
| NMAX | |||||
| €41,804.00 | €43,060.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 67055(3) | S62 | ASST SUPERINTENDENT OS & GSI -PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €38,219.00 | €39,210.00 | €40,087.00 | €40,934.00 | €41,781.00 | €42,641.00 |
|---|---|---|---|---|---|
| NMAX | |||||
| €43,967.00 | €45,292.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 7296(6) | J11 | CARTOGRAPHER ORD SURV AND GSI | 01 Jan 2010 | Weekly | Budget 2009 |
| €539.12 | €557.76 | €573.52 | €588.29 | €603.61 | €619.33 |
|---|---|---|---|---|---|
| €634.98 | €651.67 | €666.82 | €683.32 | €705.89 | €727.75 |
| NMAX | LSI1 | ||||
| €749.65 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 67296(3) | S94 | CARTOGRAPHER ORD SURV AND GSI — PPC | 01 Jan 2010 | Weekly | Budget 2009 |
| €566.91 | €586.37 | €603.01 | €618.49 | €634.64 | €651.15 |
|---|---|---|---|---|---|
| €667.66 | €685.15 | €701.20 | €718.47 | €742.28 | €765.35 |
| NMAX | LSI1 | ||||
| €788.38 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 3185(2) | E12 | CHIEF SUPERINT MAPPING | 01 Jan 2010 | Annual | Budget 2009 |
| €45,800.00 | €47,983.00 | €50,171.00 | €52,356.00 | €54,541.00 | €56,722.00 |
|---|---|---|---|---|---|
| €58,914.00 | €61,104.00 | €63,030.00 | €64,956.00 | €67,051.00 | €69,132.00 |
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 63185(X) | P81 | CHIEF SUPERINT MAPPING — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €48,165.00 | €50,469.00 | €52,773.00 | €55,070.00 | €57,374.00 | €59,671.00 |
|---|---|---|---|---|---|
| €61,973.00 | €64,280.00 | €66,287.00 | €68,260.00 | €70,448.00 | €72,642.00 |
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 312(3) | A91 | CHIEF TECHNICAL ADVISOR | 01 Jan 2010 | Annual | Budget 2009 |
| €93,197.00 | €97,015.00 | €100,853.00 | €104,158.00 | €107,409.00 | €110,665.00 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 60312(Y) | N34 | CHIEF TECHNICAL ADVISOR — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €97,968.00 | €101,993.00 | €106,032.00 | €109,507.00 | €112,935.00 | €116,386.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 5355(4) | G55 | CHIEF TECHNOLOGIST | 01 Jan 2010 | Annual | Budget 2009 |
| €55,678.00 | €58,205.00 | €60,430.00 | €62,660.00 | €64,935.00 | €67,124.00 |
|---|---|---|---|---|---|
| €69,353.00 | €71,512.00 | €73,685.00 | |||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 65355(1) | R43 | CHIEF TECHNOLOGIST — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €58,570.00 | €61,228.00 | €63,569.00 | €65,907.00 | €68,239.00 | €70,522.00 |
|---|---|---|---|---|---|
| €72,871.00 | €75,144.00 | €77,432.00 | |||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 274(7) | A81 | DIRECTOR GEOLOGICAL SURVEY | 01 Jan 2010 | Annual | Budget 2009 |
| €85,957.00 | €89,399.00 | €92,853.00 | €96,295.00 | €99,236.00 | €102,335.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €105,429.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 60274(4) | N26 | DIRECTOR GEOLOGICAL SURVEY -PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €90,355.00 | €93,972.00 | €97,607.00 | €101,234.00 | €104,327.00 | €107,584.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €110,844.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 61062(3) | W06 | DIRECTOR OF COMM BUSINESS TECH PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €90,355.00 | €93,972.00 | €97,607.00 | €101,234.00 | €104,327.00 | €107,584.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €110,844.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 1062(6) | U88 | DIRECTOR OF COMM BUSINESS TECHNOLOGY | 01 Jan 2010 | Annual | Budget 2009 |
| €85,957.00 | €89,399.00 | €92,853.00 | €96,295.00 | €99,236.00 | €102,335.00 |
|---|---|---|---|---|---|
| NMAX | LSI1 | ||||
| €105,429.00 | |||||
| LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 9311(4) | M13 | DRILLER LAB TECHNICAN | 01 Jan 2010 | Annual | Budget 2009 |
| €33,036.00 | €34,325.00 | €35,482.00 | €36,606.00 | €37,781.00 | €38,979.00 |
|---|---|---|---|---|---|
| €40,117.00 | €41,311.00 | €42,504.00 | €43,699.00 | €44,897.00 | €46,128.00 |
| €47,364.00 | €48,619.00 | €49,572.00 | |||
| NMAX | LSI1 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 69311(1) | U46 | DRILLER LAB TECHNICAN — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €34,736.00 | €36,091.00 | €37,307.00 | €38,496.00 | €39,730.00 | €40,989.00 |
|---|---|---|---|---|---|
| €42,190.00 | €43,442.00 | €44,701.00 | €45,958.00 | €47,218.00 | €48,521.00 |
| €49,818.00 | €51,134.00 | €52,146.00 | |||
| NMAX | LSI1 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 4183(1) | F33 | ELECTRONICS OFFICER | 01 Jan 2010 | Annual | Budget 2009 |
| €55,863.00 | €57,165.00 | €58,456.00 | €59,757.00 | €61,054.00 | €62,351.00 |
|---|---|---|---|---|---|
| €63,644.00 | €64,956.00 | €67,051.00 | €69,132.00 | ||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 64183(9) | Q59 | ELECTRONICS OFFICER — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €58,765.00 | €60,132.00 | €61,494.00 | €62,862.00 | €64,227.00 | €65,590.00 |
|---|---|---|---|---|---|
| €66,916.00 | €68,260.00 | €70,448.00 | €72,642.00 | ||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 6266(9) | H53 | EO TRAINEE ANALYST HIGHER | 01 Jan 2010 | Annual | Budget 2009 |
| €29,024.00 | €31,094.00 | €32,679.00 | €34,219.00 | €35,749.00 | €37,247.00 |
|---|---|---|---|---|---|
| €38,760.00 | €40,233.00 | €41,749.00 | €42,760.00 | €44,187.00 | €45,251.00 |
| €46,315.00 | €47,379.00 | ||||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 66266(6) | S05 | EO TRAINEE ANALYST HIGHER PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €30,516.00 | €32,687.00 | €34,360.00 | €35,977.00 | €37,588.00 | €39,166.00 |
|---|---|---|---|---|---|
| €40,760.00 | €42,311.00 | €43,909.00 | €44,967.00 | €46,473.00 | €47,591.00 |
| €48,713.00 | €49,837.00 | ||||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 6265(Y) | H52 | EO TRAINEE ANALYST STANDARD | 01 Jan 2010 | Annual | Budget 2009 |
| €29,024.00 | €31,094.00 | €32,679.00 | €34,219.00 | €35,749.00 | €37,247.00 |
|---|---|---|---|---|---|
| €38,760.00 | €40,233.00 | €41,749.00 | €42,760.00 | €44,187.00 | €45,616.00 |
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 66265(8) | S04 | EO TRAINEE ANALYST STND -PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €30,516.00 | €32,687.00 | €34,360.00 | €35,977.00 | €37,588.00 | €39,166.00 |
|---|---|---|---|---|---|
| €40,760.00 | €42,311.00 | €43,909.00 | €44,967.00 | €46,473.00 | €47,975.00 |
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 4195(5) | F36 | EXECUTIVE ENGINEER | 01 Jan 2010 | Annual | Budget 2009 |
| €30,738.00 | €33,526.00 | €36,327.00 | €39,122.00 | €41,927.00 | €43,659.00 |
|---|---|---|---|---|---|
| €45,387.00 | €47,117.00 | €48,840.00 | €50,570.00 | €52,299.00 | €54,027.00 |
| €55,757.00 | €57,686.00 | €59,604.00 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 64195(2) | Q62 | EXECUTIVE ENGINEER — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €32,317.00 | €35,254.00 | €38,200.00 | €41,148.00 | €44,096.00 | €45,915.00 |
|---|---|---|---|---|---|
| €47,731.00 | €49,556.00 | €51,372.00 | €53,193.00 | €55,013.00 | €56,830.00 |
| €58,656.00 | €60,681.00 | €62,701.00 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 5254(X) | G37 | GEOLOGIST | 01 Jan 2010 | Annual | Budget 2009 |
| €30,738.00 | €33,526.00 | €36,327.00 | €39,122.00 | €41,927.00 | €43,659.00 |
|---|---|---|---|---|---|
| €45,387.00 | €47,117.00 | €48,840.00 | €50,570.00 | €52,299.00 | €54,027.00 |
| €55,757.00 | €57,686.00 | €59,604.00 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 65254(7) | R34 | GEOLOGIST — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €32,317.00 | €35,254.00 | €38,200.00 | €41,148.00 | €44,096.00 | €45,915.00 |
|---|---|---|---|---|---|
| €47,731.00 | €49,556.00 | €51,372.00 | €53,193.00 | €55,013.00 | €56,830.00 |
| €58,656.00 | €60,681.00 | €62,701.00 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 7774(7) | K31 | HEAD SERVICES OFFICER | 01 Jan 2010 | Weekly | Budget 2009 |
| €536.22 | €554.24 | €571.97 | €589.80 | €607.56 | €625.33 |
|---|---|---|---|---|---|
| NMAX | |||||
| €646.52 | €669.87 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 67774(4) | T65 | HEAD SERVICES OFFICER — PPC | 01 Jan 2010 | Weekly | Budget 2009 |
| €563.97 | €582.68 | €601.37 | €620.09 | €638.78 | €657.50 |
|---|---|---|---|---|---|
| NMAX | |||||
| €679.80 | €704.36 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 5061(X) | F78 | HEO SYSTEMS ANALYST HIGHER | 01 Jan 2010 | Annual | Budget 2009 |
| €46,426.00 | €47,730.00 | €49,035.00 | €50,347.00 | €51,653.00 | €53,532.00 |
|---|---|---|---|---|---|
| €54,766.00 | €56,007.00 | €57,251.00 | |||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 65061(7) | Q94 | HEO SYSTEMS ANALYST HIGHER PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €48,831.00 | €50,204.00 | €51,581.00 | €52,955.00 | €54,329.00 | €56,314.00 |
|---|---|---|---|---|---|
| €57,614.00 | €58,918.00 | €60,224.00 | |||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 5060(1) | F77 | HEO SYSTEMS ANALYST STANDARD | 01 Jan 2010 | Annual | Budget 2009 |
| €43,816.00 | €45,125.00 | €46,426.00 | €47,730.00 | €49,035.00 | €50,347.00 |
|---|---|---|---|---|---|
| €51,653.00 | €53,532.00 | €55,415.00 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 65060(9) | Q93 | HEO SYSTEMS ANALYST STND — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €46,081.00 | €47,458.00 | €48,831.00 | €50,204.00 | €51,581.00 | €52,955.00 |
|---|---|---|---|---|---|
| €54,329.00 | €56,314.00 | €58,294.00 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 7685(6) | K14 | MAPPING DRAUGHTSPERSON | 01 Jan 2010 | Weekly | Budget 2009 |
| €431.90 | €444.59 | €460.15 | €475.66 | €491.28 | €506.99 |
|---|---|---|---|---|---|
| €522.60 | €538.28 | €553.18 | €567.72 | €582.36 | €596.97 |
| €611.59 | €631.93 | €652.24 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 67685(3) | T60 | MAPPING DRAUGHTSPERSON — PPC | 01 Jan 2010 | Weekly | Budget 2009 |
| €454.61 | €468.07 | €484.39 | €500.73 | €517.19 | €533.62 |
|---|---|---|---|---|---|
| €550.03 | €566.11 | €581.49 | €596.84 | €612.23 | €627.58 |
| €643.04 | €664.42 | €685.84 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 137(6) | A49 | PETROLEUM EXPLORATION SPEC | 01 Jan 2010 | Annual | Budget 2009 |
| €72,241.00 | €75,131.00 | €78,009.00 | €80,893.00 | €83,765.00 | €86,652.00 |
|---|---|---|---|---|---|
| €89,532.00 | €92,411.00 | €95,271.00 | €98,132.00 | €100,965.00 | €102,320.00 |
| NMAX | |||||
| €105,511.00 | €108,692.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 60137(3) | N01 | PETROLEUM EXPLORATION SPEC -PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €75,909.00 | €78,956.00 | €81,986.00 | €85,018.00 | €88,045.00 | €91,079.00 |
|---|---|---|---|---|---|
| €94,112.00 | €97,141.00 | €100,154.00 | €103,166.00 | €106,148.00 | €107,579.00 |
| NMAX | |||||
| €110,933.00 | €114,278.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 2364(7) | D83 | PRINCIPAL GEOLOGIST | 01 Jan 2010 | Annual | Budget 2009 |
| €65,247.00 | €67,219.00 | €69,195.00 | €71,169.00 | €73,135.00 | €75,476.00 |
|---|---|---|---|---|---|
| NMAX | |||||
| €78,146.00 | €80,814.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 62364(4) | P58 | PRINCIPAL GEOLOGIST — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €68,553.00 | €70,626.00 | €72,706.00 | €74,781.00 | €76,853.00 | €79,319.00 |
|---|---|---|---|---|---|
| NMAX | |||||
| €82,126.00 | €84,935.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 3044(9) | D91 | SENIOR GEOLOGIST | 01 Jan 2010 | Annual | Budget 2009 |
| €55,863.00 | €57,165.00 | €58,456.00 | €59,757.00 | €61,054.00 | €62,351.00 |
|---|---|---|---|---|---|
| €63,644.00 | €64,956.00 | €67,051.00 | €69,132.00 | ||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 63044(6) | P64 | SENIOR GEOLOGIST — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €58,765.00 | €60,132.00 | €61,494.00 | €62,862.00 | €64,227.00 | €65,590.00 |
|---|---|---|---|---|---|
| €66,916.00 | €68,260.00 | €70,448.00 | €72,642.00 | ||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 67000(6) | X74 | SENIOR LABORATORY ANALYST -PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €47,842.00 | €50,047.00 | €52,001.00 | €54,001.00 | €56,059.00 | €58,088.00 |
|---|---|---|---|---|---|
| €60,173.00 | €62,238.00 | €64,315.00 | |||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 7000(9) | X73 | SENIOR LABORATORY ANALYST | 01 Jan 2010 | Annual | Budget 2009 |
| €45,489.00 | €47,583.00 | €49,437.00 | €51,339.00 | €53,296.00 | €55,218.00 |
|---|---|---|---|---|---|
| €57,202.00 | €59,164.00 | €61,136.00 | |||
| NMAX |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 8315(1) | L19 | SERVICES ATTENDANT | 01 Jan 2010 | Weekly | Budget 2009 |
| €398.74 | €405.29 | €416.47 | €432.43 | €453.24 | €469.40 |
|---|---|---|---|---|---|
| €489.28 | €505.57 | €524.65 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 68315(9) | U10 | SERVICES ATTENDANT — PPC | 01 Jan 2010 | Weekly | Budget 2009 |
| €416.49 | €423.54 | €438.10 | €455.18 | €477.08 | €494.13 |
|---|---|---|---|---|---|
| €515.05 | €532.14 | €552.08 | |||
| NMAX | LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 2135(Y) | D35 | STAFF ENGINEER | 01 Jan 2010 | Annual | Budget 2009 |
| €65,247.00 | €67,219.00 | €69,195.00 | €71,169.00 | €73,135.00 | €75,476.00 |
|---|---|---|---|---|---|
| NMAX | |||||
| €78,146.00 | €80,814.00 | ||||
| LSI1 | LSI2 |
| Grade Code | Hrms Code | Grade Title | Date Effective | Weekly/ Annual |
Nature of Inc |
|---|---|---|---|---|---|
| 62135(8) | P15 | STAFF ENGINEER — PPC | 01 Jan 2010 | Annual | Budget 2009 |
| €68,553.00 | €70,626.00 | €72,706.00 | €74,781.00 | €76,853.00 | €79,319.00 |
|---|---|---|---|---|---|
| NMAX | |||||
| €82,126.00 | €84,935.00 | ||||
| LSI1 | LSI2 |
204. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the financial assistance available to a local authority for works (details supplied); and if he will make a statement on the matter. [13253/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I refer to the reply to Question No. 85 of 19 May 2011 which sets out the position in relation to this matter.
205. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the cost, in 2008, 2009, 2010 and to date in 2011, of dealing with all State responsibilities relating to the former Ispat site at Haulbowline, County Cork; if he will provide a breakdown of these costs; and if he will make a statement on the matter. [13262/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Between 2004 and 2010, my Department had an interim role in the management of the former Ispat site in a manner that is consistent with good practice and minimisation of risk to human health and the environment. In that context, my Department arranged for the decontamination and demolition of buildings on the site and, post-demolition, for the procurement of a contractor to carry out site surface clearance, back-filling of voids and the disposal of surface wastes. The costs incurred by my Department from 2008 to 2010 were: 2008, €43.206 million; 2009, €0.714 million; and 2010, €2.029 million. In 2008, the bulk of the expenditure related to the disposal of hazardous material abroad as the facilities to handle such material were not available in Ireland. In 2009 and 2010, expenditure included meeting ongoing site monitoring costs, and a financial settlement last year in relation to a court case taken by former contractors [805]involved in site surface clearance, which was settled for €1.8 million plus costs. No payments have been made to date in 2011.
206. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will introduce a national policy on volunteering to coincide with the European Year of Volunteering 2011; and if he will make a statement on the matter. [13279/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department funds a network of 22 Volunteer Centres nationally. It also funds Volunteer Centres Ireland (VCI) and Volunteering Ireland, which are the umbrella bodies responsible for developing best practice within the network. VCI and its member centres encourage all community and voluntary organisations that work with volunteers to have in place a suitable volunteer policy. The development of a volunteer policy is an integral part of the management training currently provided by Volunteer Centres to organisations engaging volunteers.
There are a number of charters on volunteering available within the community and voluntary sector. One such charter is the Charter for Effective Volunteering, which has been developed by Volunteering Ireland and is widely used within the sector. It is important that each individual community and voluntary organisation adapts a charter to suit the particular needs of its organisation and its overall context. One of the key objectives of the European Year of Volunteering is to work towards an enabling environment for volunteering, which includes the development of a National Policy on Volunteering. The Irish national steering group for the European Year of Volunteering, on which my Department is represented, is working with the national co-ordinating body for the year, Volunteering Ireland, to bring forward the development of a National Policy on Volunteering in line with initiatives taken in this area by the European Commission.
207. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government, further to Parliamentary Questions Nos. 62 to 64, inclusive, of 24 March 2011, if he will provide the full briefing notes and advice he received regarding the issues raised; and if he will make a statement on the matter. [13868/11]
222. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will provide a briefing to Government and Opposition Deputies on the pyrite problem; and if he will make a statement on the matter. [13497/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 207 and 222 together.
The reply to Questions Nos. 62, 63 and 64 of 24 March last dealt comprehensively with the matters raised therein. I will be happy to respond to any additional concerns which Deputies may have in relation to those aspects of the pyrite problem for which my Department has responsibility. As I indicated in the reply to Question No. 133 of 25 May last, I am available to meet a representative group to discuss what can be done to help home owners deal with outstanding issues, particularly in the context of the High Court judgment that was delivered on 25 May and the relevant departmental responsibilities.
208. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding taxing business vehicles (details supplied); and if he will make a statement on the matter. [13226/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The position regarding the taxation of goods vehicles has not changed. To be taxed as a goods vehicle, a vehicle must be constructed or adapted for that purpose and used solely in the course of trade or business. If a vehicle is adapted, it must have the same characteristics as a goods vehicle in relation to space and accommodation for carrying goods and it must have limited seating capacity. The vehicle must also be used in the course of trade or business. Under section 2 of the Finance (Excise Duties) (Vehicles) Act 1952, if a vehicle is used in a condition or manner which would attract motor tax at a higher rate, tax becomes payable at that rate. In other words, if a goods vehicle is used at any time in a private capacity, it must be taxed at the private rate of motor tax.
Under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992, a licensing authority must be satisfied that it is authorised to issue the licence applied for and accordingly, that it is the appropriate licence for the vehicle. It is thus open to a motor tax office to seek backing documentation to support an application for a goods vehicle licence, which is in effect a concessionary rate of tax. Such documentation could include, but is not limited to, a certificate of commercial insurance, evidence of registration for VAT or a Tax Clearance Certificate, or any other document that would assist in satisfying the licensing authority as to the basis for the application. It would not be expected that any person genuinely using a vehicle in the course of trade or business would have any difficulty providing such documentary evidence if requested to do so.
Form RF 111A Goods Declaration Form, which has been in existence for a number of years and is not a new requirement, constitutes the statement by the applicant that the vehicle is being used in the course of trade or business. This declaration should not need to be sought at every renewal once particulars of the vehicle have not changed, but it is normally sought at the time of first taxing as a goods vehicle and on change of ownership.
While the legal provisions governing the taxation of goods vehicles have not changed, evidence was brought to the Department’s attention that high-powered, high-specification vehicles that would not normally fall into the goods vehicle category are being increasingly claimed as goods vehicles. In that regard, it is important that motor tax offices follow the requirements to ensure a vehicle is correctly taxed. If a concessionary rate of tax is being claimed in circumstances where it is not warranted, the concomitant loss of income would in the normal course of events have to be recouped elsewhere. In this regard, all road users should pay their fair share of motor tax in line with the relevant legal provisions. I intend to review the taxation classes currently in place for motor vehicles. I expect to complete that review later this year.
209. Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 107 of 4 May 2011, the contact details of the local development company responsible for the Knocklyon area in south Dublin; and if he will make a statement on the matter. [13232/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Dodder Valley Partnership is responsible for delivering the Local Community Development Programme for the Knocklyon area of south Dublin. The company is based in Killinarden [807]Enterprise Park, Tallaght, Dublin 24. It can be contacted by phone at (01) 4664200 and by e-mail at info@doddervalley.ie.
210. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the role of the local action groups; the services falling under their remit; the make-up of their boards; and if he will make a statement on the matter. [13234/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): There are 52 Integrated Local Development Partnerships (also known as Local Development Companies), 36 of which are known as Local Action Groups or LEADER companies. These not-for-profit companies were established to promote and facilitate the development of their own specific areas. Many of the group areas of activity coincide with county boundaries, others are based in urban areas and some cover areas bridging two or more counties. The boards of these companies are drawn from community, farming and enterprise organisations as well as State agencies and Local Authorities. The companies are contracted by my Department and other Departments to deliver a diverse range of programmes and initiatives. The companies deliver three main programmes that relate to my Department.
Some 36 Local Development Companies (Local Action Groups) are contracted, on my Department’s behalf, to deliver Axes 3 and 4 (LEADER) of the Rural Development Programme throughout the country. The groups are the principal decision-makers in relation to the allocation of project funding under this programme. Decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations. The main objectives of the programme are to improve the quality of life in rural areas and facilitate the diversification of the rural economy.
The individual measures and indicative allocations are as follows: diversification into non-agricultural activities for farm families, €16.66 million; support for business creation and development, €48.26 million; encouragement of tourism activities, €45.4million; basic services for the economy and the rural population, €49.61 million; village renewal and development, €54.2 million; conservation and upgrading of the rural heritage, €51.7 million; training and information on adapted and new skills, €29.45 million; and implementing co-operation projects, €10.7 million.
My Department also delivers the Local and Community Development Programme, the objective of which is to tackle poverty and social exclusion through partnership and constructive engagement between the Government and its agencies and people in disadvantaged communities. The programme is underpinned by four high level goals: to promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services; to increase access to formal and informal educational, recreational and cultural development activities and resources; to increase peoples’ work readiness and employment prospects; and to promote engagement with policy, practice and decision making processes on matters affecting local communities. The Local and Community Development Programme is delivered at a local level through all 52 Local Development Companies and a number of alternative structures. Funding of some €63 million has been made available for the programme in 2011. The programme allocation has been maintained at close to 2010 levels.
Some 14 of the 52 Local Development Companies also deliver the walks scheme on behalf of my Department. This scheme has been developed as an innovative response to the provision of recreation trails that are sustainable and maintained on an ongoing basis. It is implemented [808]by a team of 12 rural recreation officers who are directly employed by the Local Development Companies and involves payment to 1,804 landholders to maintain 888 km on 40 trails.
211. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will introduce a national “name and shame” scheme for those convicted of littering offences; if it will require legislation in view of the fact that a previous scheme run by Dublin City Council was unable to continue as the local authority did not have sufficient powers to publish this information; and if he will make a statement on the matter. [13243/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Data Protection Commissioner has indicated to my Department that actions taken by local authorities in publishing the names and addresses of persons fined or convicted as a result of littering or illegal dumping, whether by publication on their websites or by notices published in the local press and paid for by the local authority, would be in breach of the principles of data protection. These principles are contained in the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003, and in particular, by section 2A of that Act. Data protection legislation is a matter for my colleague, the Minister for Justice and Equality.
212. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government his plans to support the full implementation of the Cobh landslide programme, County Cork.; and if he will make a statement on the matter. [13264/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department has provided significant financial assistance to Cobh Town Council for stabilisation works, necessary to ensure public safety, since the early 1980s. My Department remains committed to the stabilisation programme in Cobh. In order to ensure the best use of available resources and to gain a long-term expert view of the required works, my Department requested that an independent expert report be commissioned jointly by Cork County Council and Cobh Town Council. The councils appointed Malachy Walsh & Partners Consulting Engineers to assess the retaining structures in Cobh and to recommend remediation proposals, prioritising those works of greatest urgency. Since the finalisation of the consultants report my Department has engaged with both councils.
A number of site visits have taken place to ensure an appropriate programme of works is put in place so that the necessary public safety works are progressed as soon as possible. The two councils have prepared a prioritised scheme of works, to begin in 2011, which is organised into three groups for project management purposes. The tendering process for this work is in progress. It is expected that work on site will begin in July of this year. My Department has offered grant assistance for these works and sanctioned the employment of a Senior Resident Engineer and a clerk of works, on a fixed-term basis, to oversee the project. My Department will continue to engage with the local authorities to ensure that the accelerated delivery timetable for completion of these works is achieved.
213. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the position regarding applications for fire stations (details supplied) in County Donegal; and if he will make a statement on the matter. [13273/11]
[809]Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The provision of fire services in local authority areas, including the establishment and maintenance of fire brigades, the assessment of fire cover needs and the provision of premises, is a statutory function of the individual fire authorities under the provisions of the Fire Services Act 1981. My Department supports the local fire authorities through setting of general policy, providing training support, issuing guidance on operational and other related matters and providing capital funding.
In order to enhance the capacity of the fire service, Donegal County Council submitted a comprehensive plan in March 2000 to replace all the fire stations in the county. The Council, in partnership with my Department, has made substantial progress in implementing this plan. It has replaced 12 fire stations following investment of some €11 million under the fire service capital programme. The following towns in County Donegal are now served by modern fire stations with full facilities: Milford (1998); Buncrana (2000); Letterkenny (HQ) and An Fál Carrach (both in 2003); Carndonagh and Donegal town (both in 2004); Killybegs (2005); An Clochán Liath, Glenties and Moville (all three in 2007); and most recently Gaoth Dobhair and Stranorlar (2009).
In 2007, an independent capital appraisal examined a number of options in relation to upgrading facilities at Ballyshannon and Bundoran. The appraisal recommended that the most economically and operationally advantageous option would be the amalgamation of the existing fire stations into a combined three bay station at Finner, located next to the by-pass and affording excellent access to both towns. This proposal, however, did not progress and approval in principle for the replacement of both stations was conveyed to Donegal County Council in July 2009. It is understood that potential sites have been identified by the Council.
In common with other capital programmes, my Department has commenced a Capital Expenditure Review of the fire services capital programme. Given the revenue cost overheads associated with each fire station, in partnership with Donegal County Council, all options in relation to the upgrading of facilities at Ballyshannon and Bundoran fire stations, including the amalgamation option, will need to be considered as part of this review. Further investment in the fire service in Ballyshannon and Bundoran will be considered within the current constraints on the fire services capital programme and will have regard to the Capital Expenditure Review, the fire authority’s priorities, the extent of previous investment, the spread of existing facilities and the totality of demands from fire authorities countrywide.
214. Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and Local Government in view of the increasingly problematic issue of waste and illegal dumping in Dublin and elsewhere, if he will consider strengthening legislation or look at new legislation to ensure proper waste disposal; the number of incidents of illegal waste activity that have been reported to Dublin City Council; and the actions taken on same. [13285/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Enforcement actions against illegal waste activity are matters for the local authorities and the Office of Environmental Enforcement (OEE) within the Environmental Protection Agency. My role as Minister is, inter alia, to ensure the necessary legislative provisions are in place to enable the relevant authorities to discharge their enforcement functions effectively and that appropriate penalties are available to be applied where transgressions arise. The 2005 report of the OEE, The Nature and Extent of Unauthorised Waste Activity in Ireland, identified the unauthorised collection and dumping of waste as a problem area which needed to be further tackled. The report drew attention to the measures already being taken, including the appoint[810]ment of 120 additional enforcement officers funded by my Department across the local authorities.
In 2008, there were 8,151 waste enforcement notices issued and 695 prosecutions initiated. Overall, this represents a significant quantum of enforcement, consistent with the findings of an OEE report, Focus on Environmental Enforcement in Ireland, covering the period 2006 to 2008, which indicates that the handling of waste-related complaints has significantly improved. Specific information on the number of complaints regarding illegal dumping received by Dublin City Council and the actions taken in response may be obtained from the Council.
I am generally satisfied with the adequacy and appropriateness of the available enforcement powers and the maximum penalty of a fine of up to €15 million and/or imprisonment for up to ten years for waste-related offences. While I have no immediate plans for legislative change in these matters, I am keeping performance in this area under regular review. In that context, I will also be considering all relevant recommendations in the report of the EPA Review Group which I have recently published and which is available on my Department’s website, www.environ.ie.
215. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the allocation that has been provided to local authorities for the provision of one-off rural local authority houses in 2011; if he has issued any directive in relation to this issue; and if he will make a statement on the matter. [13287/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): Funding for one-off rural dwellings is included within the general allocation for the provision of local authority housing within each housing authority’s social housing investment programme. There is no separate provision for one-off rural housing.
216. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if he will insist on co-funding on a 50:50 basis from the local authorities towards the cost of supporting the community forums in view of the reduction in funding from him this year and the new responsibility of the Department for community; and if he will make a statement on the matter. [13289/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Our current economic circumstances mean that public expenditure has had to be substantially reduced across Departments, Agencies and programmes. As a result there are competing demands for very scarce resources from a wide range of genuine interests. The priority in these circumstances is to limit to the greatest extent possible the impact of expenditure reductions on essential services and on those most in need.
In this context, following review, a provision of €587,000 was provided in my Department’s Vote for 2011 to support the Community and Voluntary Fora in each county/city council area. This funding is in addition to the financial support provided by local authorities for the participation by Fora representatives on County/City Development Boards, Strategic Policy Committees and Joint Policing Committees. Local authorities are providing additional supports to Community and Voluntary Fora. However, the provision of matched funding by local government to a Community and Voluntary Forum is a matter for each county/city council concerned, in line with its estimates process having regard to competing priorities and demands.
217. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13388/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In accordance with the Instructions on Ministerial Appointments for the 31st Dáil, Ms Claire Langton was appointed as a special adviser to my office on 10 March 2011. Ms Langton has been placed on the first point of the Principal Officer (standard scale) in accordance with the instructions. My colleague, the Minister of State with responsibility for Housing and Planning, Deputy Penrose, is arranging for the appointment of special advisers. These will be completed as soon as possible. All special advisers appointed to my Department are required to perform any duties, which may be assigned to them from time to time as appropriate to the position of special adviser as set out in section 11 of the Public Service Management Act 1997. Their functions will include the provision of advice and the monitoring, facilitation and provision of assistance in securing Government objectives that relate to the Department of the Environment, Community and Local Government.
218. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the amount allocated to each integrated company under each measure under the rural development programme and the amount spent to date by each company under each measure; and if he will make a statement on the matter. [13428/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department is responsible for the delivery of Axes 3 and 4 of the Rural Development Programme 2007-2013 (RDP), for which overall funding of the order of €427 million is available. The main objectives of the Programme are to improve the quality of life in rural areas and facilitate the diversification of the rural economy. Some 36 Local Action Groups are contracted on my Department’s behalf to deliver the RDP throughout the country. These groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the individual group’s local development strategy and in line with my Department’s operating rules and EU regulations.
The Programme has registered project activity of approximately €112 million, which includes €32 million in firm contractual commitments. A significant portion of those firm commitments are expected to mature during 2011. Expenditure to date amounts to over €70 million, which includes funding for a diverse range of projects from support for micro-enterprise in rural areas to the building and maintenance of community infrastructure and the provision of training in a variety of disciplines for rural dwellers. The Programme has been allocated €62 million in total for 2011 and, notwithstanding current challenging economic circumstances, project activity is accelerating and I am confident that full spend will be achieved in 2011. The following tables detail LAG measure allocations and expenditure to date.
219. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government his plans to continue the work of the previous Minister on noise pollution legislation; and if he will make a statement on the matter. [13437/11]
220. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government his plans to extend powers to gardaí to enable them to stop noise pollution if requested by a member of the public; and if he will make a statement on the matter. [13438/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 219 and 220 together.
The previous Government proposed to introduce legislation to address noise pollution. However, a Bill had not been finalised for publication. The current Programme for Government includes a commitment to address noise pollution through the introduction of fixed payment notices (also known as on the spot fines) and provision for mediation between neighbours. Submissions received as part of the previous public consultation process on noise, which was undertaken in 2008, will be taken into account by my Department as the approach to new noise legislation is considered, including proposals to extend powers to gardaí to address noise nuisance.
221. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 246 of 24 May 2011, if this policy applies also to persons holding a Stamp 4 who have been granted long-term residency by the Irish Naturalisation and Immigration Service as a result of having lived and worked here for five years pursuant to valid employment permits; and if he will make a statement on the matter. [13443/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): I refer to the response to Question No. 246 of 24 May last. My Department will liaise with the Irish Naturalisation and Immigration Service to review the guidance to local authorities on these issues. The review will clarify the policy in relation to persons who have already been granted long-term residency by INIS.
Question No. 222 answered with Question No. 207.
223. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the amount of funding allocated to An Taisce for each of the years 2003 to 2011; if funding was ever stopped or withdrawn during that period and if so the reason for same; and if he will make a statement on the matter. [13508/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department has since 2003 continued to provide funding to An Taisce in respect of a range of environmental activities which it has undertaken, including the National Spring Clean initiative; surveying in respect of the Irish Business Against Litter initiative; the Green Schools initiative; and the Blue Flag Awards. Details of the funding provided in the relevant years are set out in the table.
| Year | Amount |
|---|---|
| € | |
| 2003 | 448,651 |
| 2004 | 537,116 |
| 2005 | 519,941 |
| 2006 | 686,866 |
| 2007 | 895,958 |
| 2008 | 997,546 |
| 2009 | 700,229 |
| 2010 | 825,739 |
| 2011 (allocation) | 520,000 |
224. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the composition of An Bord Pleanála; when the positions are due for change; the criteria for appointment to the board; and if he will make a statement on the matter. [13509/11]
232. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the length of time An Bord Pleanála is taking to process planning applications and if any mechanisms exist or could be implemented to fast-track decisions relating to schools and community facilities. [13638/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 224 and 232 together.
An Bord Pleanála has a statutory objective to determine appeals and referrals within 18 weeks. The compliance rate with the statutory objective time period for normal planning appeals stood at 82% at the end of April 2011. The board operates a priority system for planning appeals. The priority system seeks to ensure that cases relating to schools and community facilities are not subject to any avoidable delay for determination. The Planning and Development (Amendment) Act 2010 introduced a range of measures to improve the throughput and performance of An Bord Pleanála. The performance of An Bord Pleanála also remains under ongoing review through mechanisms in place under the Croke Park agreement.
The board comprises a chairperson and up to nine ordinary members. The Minister may increase or reduce the number of ordinary members as the level of demand on the board’s services requires. Appointments to the board of An Bord Pleanála are made in accordance with sections 105 to 107 of the Planning and Development Acts 2000-2010 and Articles 56 to 65 of the Planning and Development Regulations 2001, as amended. The current membership of the board and details of the expiry of their terms of office are outlined in the table.
Panel A is the Physical Planning, Engineering and Architecture panel, panel B is the Economic Development and Construction Industry panel, panel C is the Local Government, Trade Unions and Farming panel and panel D is the Environment and Amenities, Voluntary Bodies, Charities, Rural and Community Development, Irish Language Interest, Disabilities and Young People panel. In addition to appointments from the panel system, under section 106(1)(e) of the Act, the Minister may appoint an environmental and sustainability expert to the board. The relevant statutory requirements towards the appointment of a new Chairperson to the board are being pursued as the current Chairperson is due to retire on 12 June 2011. The post of Deputy Chairperson is filled from within the ranks of the existing board members.
225. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 239 of 24 May 2011, if he will provide details of the incremental purchase scheme; if there will be discounts for tenants of many years standing in respect of the market value of the house; and if he will make a statement on the matter. [13527/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): The incremental purchase scheme, which will replace the tenant purchase scheme for existing local authority housing, will be introduced following the enactment of primary legislation. It is not possible at this stage to specify the terms of the new scheme but the intention is that it will be modelled on the incremental purchase scheme introduced in June 2010 for newly built social housing. That scheme allows social housing tenants and households that qualify for social housing support to avail of attractive discounts — between 40% and 60% of the total cost of the house, depending on income — to purchase a new social housing unit. There is no provision in the scheme for discounts related to length of tenancy. The scheme is structured to make it attractive for households to put down long-term roots in the community and to commit to an area, thereby contributing to more stable and integrated communities.
226. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the current status of the walks scheme; his future plans to fund and continue same; and if he will make a statement on the matter. [13532/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The walks scheme is operating on 40 trails that are managed by 14 Local Development Companies around the country. The scheme involves 1,804 participant landholders who are contracted to carry out maintenance work on the trails. In 2011, payments to the landholders will amount to some €1.9 million. The position in regard to new participants will be kept under review in light of the Comprehensive Expenditure Review now under way and the funds available to my Department.
227. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will provide a progress report on a planned sewerage scheme for the Skibbereen area; a timescale for completion of the project; and if he will make a statement on the matter. [13537/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Cork. The West Cork Grouped DBO Scheme, which involves the construction of new waste water treatment plants at Skibbereen, Dunmanway, Baltimore and Schull, is included in the programme among the list of contracts in the county to start in the period 2010-2012. The Skibbereen sewerage network has been completed since 2009. Treatment facilities are in place on a interim basis pending the construction of the waste water treatment plant for Skibbereen. Earlier this year, my Department approved funding to allow Cork County Council to place the Wastewater Treatment Plant Design Build Operate contract for the West Cork Grouped DBO scheme with the recommended contractor at a cost of €6.9 million. I understand that the contract is now under way and that construction of the Skibbereen Wastewater Treatment Plant has commenced.
228. Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government the protection in place for purchasers of apartments in order that they are aware of any shortfall in the finances of the management company and any future outlay to rectify building deficits; and if he will make a statement on the matter. [13544/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The recently enacted Multi-Unit Development Act 2011 requires an owners’ management company to prepare and furnish to each member an annual report including, among other things, a statement of income and expenditure relating to the period covered by the report, a statement of the assets and liabilities of the owners’ management company and, where applicable, details relating to the operation of any sinking fund established for refurbishment, improvement and non-recurring maintenance. I have no function in relation to this legislation which comes within the remit of my colleague, the Minister for Justice and Equality.
229. Deputy Michael Creed asked the Minister for the Environment, Community and Local Government the planning regulations as they apply to wind turbines with vertical axis blades; and if he will make a statement on the matter. [13578/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): The Planning and Development Regulations 2001 to 2008 deal with the issue of wind turbines with vertical axis blades. The 2001 regulations set out the development thresholds for wind turbines which require an Environmental Impact Assessment. The 2007 regulations provide exemptions from planning permission requirements in respect of certain classes of micro-renewable technologies for domestic use. The exemptions apply to solar panels and other micro-renewable technologies such as wind turbines, heat pumps and biomass, subject to certain conditions in each case.
[825]The 2008 regulations provide for planning exemptions for specified renewable technologies in the industrial, business and agricultural sectors. Wind turbines are included in the classes of micro-renewable technology exemptions applicable to agricultural sites. My Department also issued Wind Energy Development Guidelines in June 2006. These guidelines recommend an approach which seeks to identify, within the development plan process, key areas where wind energy resources are good and are capable of being exploited. Copies of the relevant statutory instruments and Wind Energy Development Guidelines are available on the Department’s website, www.environ.ie.
230. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government his plans to legislate for a maximum allowable height of hedges and trees in the gardens of private dwellings in urban areas; his plans to address the issue of overhanging trees and hedges within urban areas; and if he will make a statement on the matter. [13579/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): Planning legislation does not place restrictions on the height of hedges or trees nor does it make any particular provision for recognition of a right to light or remedy from any other nuisance which may be caused by trees in an urban residential area. Complaints relating to matters such as trees or shrubs overhanging a property are normally addressed, where necessary, under civil law between the parties concerned.
231. Deputy Seán Kenny asked the Minister for the Environment, Community and Local Government the number of persons employed by his Department by grade; and the pay scale by grade. [13606/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Some 1190.43 staff were employed in my Department at 30 April 2011. Details are outlined in the table that follows this reply. Orders providing for the transfer of the heritage function from my Department to the new Department of Arts, Heritage and the Gaeltacht and the transfer of community functions from the former Department of Community, Equality and Gaeltacht Affairs to my Department will affect these numbers. I expect the transfer of staff consequent on the transfer of functions will be finalised shortly and will involve changes in staff numbers serving with a net overall reduction of some 371 staff. Pay scales for these grades are in accordance with those prescribed by the Department of Finance.
Question No. 232 answered with Question No. 224.
233. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the amount of time that an objector to planning permission has to comment on further information once they receive a letter notifying them that further information has been sought and received by the council; the onus that is on the planning permission applicant [829]to put the notice of further information in the paper so that the community is aware of the latest development on the planning application; the length of time a council has to make a decision on receipt of further information from a planning applicant; and if he will make a statement on the matter. [13648/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): Under Articles 35(1)(a) and 35(1)(b) of the Planning and Development Regulations 2001 to 2011, where a planning authority deems that further information received by it in connection with a planning application contains significant additional data, it must require the applicant to erect a site notice and publish a notice in an approved newspaper publicising the fact of the further information and the fact that submissions or observations may be made in writing to the planning authority not later than 2 weeks after receipt by the planning authority from the applicant (as also required by the Regulations) of copies of the site and newspaper notices in question, or not later than 5 weeks in the case of an application accompanied by an Environmental Impact Statement.
Article 35(1)(d) of the Regulations also provides that where significant further information is received, a planning authority must, as soon as possible, notify any person who made a submission or observation in relation to the original planning application, informing him/her that an additional submission or observation in relation to the further information may be made in writing to the authority not later than 2 weeks after receipt of the newspaper notice and site notice by the planning authority.
Under Section 34(8)(b) and (c) of the Planning and Development Act 2000, as amended, where a planning authority, within 8 weeks, serves notice on the applicant requiring the submission of further information, the authority must make its decision on the application within 4 weeks of the receipt of the further information (8 weeks in the case of an application accompanied by an environmental impact statement); or if the planning authority considers that the further information submitted contains significant additional data which would require publication by way of newspaper and site notices, in accordance with the Planning Regulations, within 4 weeks of copies of those newspaper and site notices being given to the planning authority.
234. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government if he has received communication from the European Commission through the EU pilot system in relation to the compatibility of section 22 of the Building Control Act 2007 with European law on free movement of workers; if he has or will reply to this communication; and if he will make a statement on the matter. [13654/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I can confirm that my Department received the communication in question and that a comprehensive response was returned to the European Commission via the EUPILOT system on 10 March 2011.
235. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government when he will make funding available for the Glenville waste water treatment plant, Glenville, County Cork in view of the fact that it is currently in breach of EU guidelines; and if he will make a statement on the matter. [13656/11]
[830]Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Cork. While provision is made to commence contracts to the value of over €231 million in the county during the period of the programme, it was not possible to include the Glenville Sewerage Scheme among the priority contracts and schemes selected for inclusion.
The first annual review of the main Water Services Investment Programme is currently under way. Cork County Council has submitted an application to my Department to have a waste water treatment plant contract for Glenville Sewerage Scheme included in the programme under the review mechanism, which is being carried out using strictly defined criteria. The Council’s application is under examination, together with review applications from all water services authorities, and a decision will be made in the near future.
236. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the additional funding he will allocate to the housing services for which he is responsible for the refurbishment of bedsitter accommodation in the Dublin city area and throughout the State; and if he will make a statement on the matter. [13667/11]
Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): All rental properties being let for the first time after 1 February 2009 have to comply with the minimum standards regulations for the rental sector, including local authority units, and no new bedsits can be rented. However, in so far as existing accommodation is concerned, a period of four years to 31 January 2013 has been allowed for landlords, including local authorities, to undertake the necessary remedial works to ensure compliance with the minimum standards regulations. My Department has allocated some €78 million in 2011 to local authorities for the maintenance and improvement of their stock. These improvement works programmes include remedial action necessary to convert bedsits. It is a matter for Dublin City Council and other authorities, within their own improvement works allocation, to determine their improvements works programme including any remedial works to convert bedsits.End of Take
237. Deputy Paul J. Connaughton asked the Minister for Justice and Equality the reason persons (details supplied) cannot receive a visa to visit Ireland from the Philippines in view of the fact their parents have been living in Ireland since 2009; and if he will make a statement on the matter. [13521/11]
Minister for Justice and Equality (Deputy Alan Shatter): Based on the information supplied by the Deputy, I am informed by officials in my Department that they can find no record of a current visa application for the persons referred to. When completing an on-line visa application the applicant is assigned a unique visa transaction number. This detail must be provided where a query on the status of a visa application arises. The provision of this unique visa transaction number ensures that accurate and up to date information is provided to the authorised enquirer. If the Deputy can provide the relevant detail, I will ensure officials in the Visa Office make further enquiries and respond to the Deputy directly.
Information on the visa application process is available on the website of the Irish Naturalisation and Immigration Service, www.inis.gov.ie. I remind the Deputy that queries in relation [831]to the status of individual immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
238. Deputy Noel Grealish asked the Minister for Justice and Equality when a file is forwarded by An Garda Síochána to the Director of Public Prosecutions and the DPP makes a recommendation for prosecution, if the contents of either the Garda file which was forwarded to the DPP or the file in the DPP’s office may be made available to the families of the victims; and if he will make a statement on the matter. [13259/11]
Minister for Justice and Equality (Deputy Alan Shatter): As Minister for Justice and Equality, I have no role in relation to the Office of the Director of Public Prosecutions or the conduct of prosecutions. It is also the case that the Director of Public Prosecutions is independent in the exercise of his functions.
239. Deputy Sandra McLellan asked the Minister for Justice and Equality the number of deportation orders signed on Tuesday, 8 March 2011. [13265/11]
Minister for Justice and Equality (Deputy Alan Shatter): The signing of deportation orders is the culmination of a lengthy process during which time the full details of each application is examined and due consideration given to all aspects of the case, including the legal requirements, by officials of the Irish Naturalisation and Immigration Service (INIS). This process also includes review of the relevant papers and submissions at more senior levels within INIS before being presented to the Minister for decision.
The number of deportation orders considered by the Minister at any given time is dependent on the volume of cases duly processed by INIS and the availability of the Minister taking into account his other commitments. The working practices of Ministers in this respect obviously vary also with the individual office holder. In some instances the practice has been to consider smaller numbers of cases on a more regular basis whereas for others a larger number can tend to be dealt with on a less frequent basis. Approximately 200 cases were signed by the then Minister on the date referred to by the Deputy.
240. D’fhiafraigh Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais an bhfuil an chumhacht aige cead a thabhairt duine atá i bpríosún a scaoileadh amach, ar choinníoll go ndéanfadh an duine sin seirbhís pobail, sa chás go gceapann sé go bhfeilfeadh pionós mar sin níos fearr don té a bheadh i bpríosún, gur mó leas ina thuairim a dhéanfadh sé don phríosúnach, nach mbeadh aon chontúirt don phobal i gceist agus go sábhálfadh sé airgead ar an Stát; agus an ndéanfaidh sé ráiteas ina thaobh. [13277/11]
Minister for Justice and Equality (Deputy Alan Shatter): Tá an Dara Céim den mBille um Cheartas Coiriúil (Seirbhís Pobail) (Leasú) 2011, atá ceaptha chun úsáid Orduithe Seirbhíse Pobail a leathnú, curtha i gcrích cheana féin. Cuirfear tús le Céim an Choiste den mBille nuair a bheidh an coiste cuí curtha ar bun. Tugann an Bille seo éifeacht do ghealltanas an Rialtais córas gearrtha pianbhreitheanna a áirithíonn sochaí níos sábháilte a chur ar bun ar chostas níos ílse don cháiníocóir. Léiríonn sé prionsabal an tsrianta maidir le coimeád a úsáid, ar [832]bunphrionsabal de chuid dhlí agus bheartas na hEorpa i leith príosún é. Tá mar aidhm aige, freisin, tearc-úsáid Orduithe Seirbhíse Pobail inár gcóras peannaideach a leigheas.
Cuireann an Bille dualgas níos troime ar bhreithiúna i dtrialacha breithniú a dhéanamh ar Ordú Seirbhíse Pobail a ghearradh ar chiontóirí arna gciontú i gcásanna ina bhfuil breithniúá dhéanamh ar phríosúnú suas le 12 mí mar phianbhreith. Mar atá luaite agam roimhe seo, tá breithniúá dhéanamh agam, freisin, ar chóras go bhféadfadh sé, tar éis molta ón mBord Parúil, go ndéanfadh príosúnaigh chuí ar ar ghearradh cúig bliana nó níos mó mar phianbhreith obair de chineál seirbhíse pobail a ghabháil orthu féin ar feadh tréimhse mar mhalairt ar an gcuid deiridh dá bpianbhreith a chur isteach i gcoimeád. Tá iarrtha agam ar mo Roinn iniúchadh a dhéanamh ar threoirscéim a thabhairt isteach ag baint leasa as forálacha an Achta um Cheartas Coiriúil 1960, arna leasú leis an Acht um Cheartas Coiriúil (Scaoileadh Sealadach Príosúnach) 2003.
241. Deputy Arthur Spring asked the Minister for Justice and Equality if there is a maximum area in square kilometres that a station, with one garda assigned to it, is expected to patrol. [13292/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have been informed by the Garda authorities that there is no set maximum area in square kilometres that a station, with one Garda assigned to it, is expected to patrol. Senior Garda management continually monitor available resources and policing initiatives to ensure the service being provided by Garda personnel is maintained at the highest level possible.
242. Deputy Finian McGrath asked the Minister for Justice and Equality the number of children and adults classified as missing; and the position regarding a missing person (details supplied). [13303/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that 230 adults and 311 children were reported missing in the State from 2000 to 2010 who remain untraced. All incidents where people have been reported missing remain under investigation until such time as the person is located. The District Officer (Superintendent) in the area where a person has gone missing takes direct responsibility for all investigations and searches carried out. Local investigation teams are appointed by the District Officer, and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate. The services of Interpol and Europol can also be availed of during such investigations, if necessary.
The Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and investigations are carried out in line with best international practice. I am informed by the Garda authorities that the investigation into the missing person referred to by the Deputy has been ongoing since her disappearance. All information received pertaining to her disappearance is followed up and thoroughly investigated, and the services of Interpol and Europol have been utilised. I am further informed that the family member in question has been kept appraised of developments in the investigation.
243. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a case in respect of a person (details supplied) in County Meath. [13312/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that a statement of complaint made on behalf of the person referred to by the Deputy has been received and the matter is under investigation. An investigation file is currently being prepared and will be submitted to the Director of Public Prosecutions for directions. The Deputy will appreciate that, as the matter is under investigation, it would not be appropriate for me to comment further at this time.
244. Deputy Seamus Kirk asked the Minister for Justice and Equality if he intends to expand the powers of members of the Garda Reserve to include powers attested to all gardaí under sections 4, 6 and 8 of the Public Order Act; and if he will make a statement on the matter. [13342/11]
Minister for Justice and Equality (Deputy Alan Shatter): The range of powers and duties of Reserve gardaí is a matter for the Garda Commissioner to determine under section 15(5) of the Garda Síochána Act 2005. The role of the Garda Reserve has, as recommended by the Garda Inspectorate, been under review and I look forward to the outcome of that review. The Government remains strongly committed to the development of the Reserve.
245. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if any Garda investigation has been undertaken into alleged criminality associated with some operations of the collection and sale of used clothes; the number of used clothes companies or groups in operation here; if these operations are licensed; if not, the reason for same; if there are any regulations governing the operation of used clothes collections; if he is considering any new legislation in this regard; and if he will make a statement on the matter. [13345/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that they are aware of the potential involvement of organised crime gangs in the collection and sale of used clothes and that intelligence-led operations are in place to target and disrupt any such activity. Section 6 of the Criminal Justice (Theft and Fraud) Offences Act 2001, which provides for the offence of making gain or causing loss by deception, may apply to the type of activity referred to by the Deputy.
Certain collectors of clothing may attempt to convey the impression that they are charitable in nature, when this may not actually be the case. The Revenue Commissioners publish alist of organisations that have qualified for charitable tax exemptions on their website,www.revenue.ie. I recommend that members of the public check this list if they have concerns about the authenticity of any collector. The Charities Act 2009 will, when fully commenced, address this situation.
The new statutory regulatory regime for charities will be a Charities Regulatory Authority with extensive regulatory powers and a publicly accessible Register of Charities, upon which any charity operating in Ireland must be registered. It will be an offence for any organisation that is not on the Register of Charities to describe itself or its activities in such a way as to lead the public to assume that the organisation is a registered charity. This will limit the scope for non-charities to suggest that they are charitable in nature. By checking the register, the [834]public will be in a position to distinguish between charitable and non-charitable collections and to make better informed decisions about which collections they choose to support. The commencement of this provision is contingent upon both the new authority and the Register of Charities being in place, and my Department is rolling out an implementation plan for the Act. I have no role in the licensing of commercial operations of the type referred to.
246. Deputy Billy Kelleher asked the Minister for Justice and Equality the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13392/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Public Service Management Act 1997 provides for the appointment of two special advisers to assist Ministers in performing their roles and achieving the objectives of the Government. Ms Jane Lehane and Mr. Thomas Cooney have been appointed as my special advisers. They are both paid at the Principal Officer Standard Scale (€80,051-€98,424) and their role is to advise me on policy-related matters.
247. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [13399/11]
Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 August 2009, that the then 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 a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary questions process.
248. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of [835]prisoners in Irish prisons aged 80 years or older; and if he will make a statement on the matter. [13425/11]
249. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of prisoners in Irish prisons aged 70 years and older; and if he will make a statement on the matter. [13426/11]
250. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of prisoners in Irish prisons aged 60 years and older; and if he will make a statement on the matter. [13427/11]
Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 248 to 250, inclusive, together.
The information requested by the Deputy, which relates to the number of prisoners who fall into specific age categories, is set out in the table:
251. Deputy Dara Calleary asked the Minister for Justice and Equality the projected cost of Garda involvement in the visits of Queen Elizabeth II and President Barack Obama. [13431/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I have been informed by the Garda authorities that a large proportion of the financial claims arising in respect of the visits mentioned by the Deputy have yet to be processed and, accordingly, they are not currently in a position to provide projected figures for the overall costs involved.
252. Deputy Joe Costello asked the Minister for Justice and Equality if he will waive the requirement for a birth certificate for an application for naturalisation in respect of a person (details supplied) in Dublin 7; if some other form of identification could be considered; and if he will make a statement on the matter. [13470/11]
[836]Minister for Justice and Equality (Deputy Alan Shatter): A valid 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 June, 2008. Documentation received from the person concerned has been accepted and the application is at an advanced stage of processing. It will be submitted to me for a decision as expeditiously as possible.
As I outlined in response to Question No. 69 of 7 April last, I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
253. Deputy Seán Kenny asked the Minister for Justice and Equality the action that has been taken by An Garda Síochána to apprehend those responsible for the ongoing attacks on a home (details supplied). [13505/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that the area referred to is within the Coolock Garda Sub-District. Local Garda management is aware of difficulties being experienced by the residents referred to, and a number of incidents are currently under investigation. Two community gardaí have been specifically allocated to the area and regularly meet local residents to address any issues that arise. The area is the subject of regular patrols by uniform and plain clothes personnel, including the Community Policing Unit and Mountain Bike Unit and local Detective and Drug Unit personnel, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel.
Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of Garda policing policy, and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour.
254. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality, further to Parliamentary Question No. 259 of 24 May 2011, his plans to ensure that detailed updates are made available by the Irish Naturalisation and Immigration Service on individual cases, including details of the current status of the application; the projected timeframe for decision on the next stage of the process or on the conclusion of the process; and if he will make a statement on the matter. [13507/11]
Minister for Justice and Equality (Deputy Alan Shatter): As I outlined in response to Question No. 69 of 7 April last, I have initiated steps within my Department to provide for speedier [837]processing of applications for citizenship to bring about a substantial reduction in the processing timescale. These new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
255. Deputy Peter Mathews asked the Minister for Justice and Equality his plans to amend the Multi-Unit Developments Act to ensure that purchasers are aware of any shortfall in the finances of the management company and any future outlay to rectify building deficits; and if he will make a statement on the matter. [13543/11]
Minister for Justice and Equality (Deputy Alan Shatter): Section 17 of the Multi-Unit Developments Act 2009 imposes specific reporting obligations on owners’ management companies. Subsection (1) requires such a company to prepare an annual report and to hold a meeting at least once a year to consider its contents, while subsection (2) specifies various matters to be included in that report. These include details of income and expenditure as well as assets and liabilities. The report must include specific details of the annual service charge and the basis on which it was calculated, and similar data in respect of sinking fund contributions.
It must also indicate the level of the sinking fund and provide details of any planned expenditure on refurbishment, improvement or maintenance of a non-recurring nature. The objective is to ensure increased transparency for apartment owners in the multi-unit development concerned and improved protection for intending purchasers. The Law Society’s Standard Objections and Requisitions on Title already provides in the case of apartment sales that a vendor’s solicitor must furnish a copy of the accounts of the owners’ management company for the previous year, including details of any sinking fund and the level of the service charge. Moreover, on closing the sale, the vendor’s solicitor must provide a receipt for the latest payment of the service charge.
256. Deputy Clare Daly asked the Minister for Justice and Equality if he will consider amending the Adoptive Leave Act 2005 to allow either parent to take adoptive leave. [13549/11]
Minister for Justice and Equality (Deputy Alan Shatter): The issue of principle raised by the Deputy’s question goes beyond adoptive leave as any proposal to allow either parent avail of such leave would require consideration of maternity leave issues also. I refer the Deputy to my reply to Question No. 115 of 19 May last: “there is currently no general entitlement to paternity leave in Irish law”. The position is unchanged since then. There are no plans to amend the Adoptive Leave Act 2005 as suggested. However, the wider issue will continue to be kept under review. This is the reply to Question No. 115 of 19 May 2011:
257. Deputy Clare Daly asked the Minister for Justice and Equality if he will consider making an amendment to section 23 of the Non-Fatal Offences Against the Person Act 1997 to substitute the word “parent” with “parents”. [13550/11]
Minister for Justice and Equality (Deputy Alan Shatter): There are no plans to amend section 23 of the Non-Fatal Offences Against the Person Act 1997. Section 23 provides for a minor of 16 or more to consent, as if he or she were of full age, to medical treatment that would in the absence of consent constitute a trespass to the person. Changing the reference from “parent” to “parents” would not have any effect on those circumstances where parental consent is required. Simply put, section 23 defines a certain set of circumstances where parental consent (whether of one or both parents) will not be required.
258. Deputy Clare Daly asked the Minister for Justice and Equality if he will consider legislating to impose sanctions on family law solicitors who have certified but failed to inform their clients about the possibility of mediating dispute as required under section 20(2) of the Guardianship of Infants Act 1964 as amended by section 11 of the Children Act 1997. [13555/11]
Minister for Justice and Equality (Deputy Alan Shatter): Under the law as it stands, a solicitor who falsely certifies that he or she has informed a client of the possibility of engaging in mediation in a child custody, guardianship or access dispute, as required under Section 20(2)(b) of the Guardianship of Infants Act 1964 (inserted by Section 11 of the Children Act 1997), may face a complaint of misconduct and be the subject of disciplinary action by either the Law Society or the Solicitors Disciplinary Tribunal. Section 40 of the Civil Liability and Courts Act 2004 provides that the hearing of family law proceedings in private does not preclude the proper use of documents prepared for the purposes of those proceedings by a body empowered by law to conduct enquiries or investigations.
The Solicitors Acts 1954 to 2008 make detailed provision for the investigation of complaints against solicitors. Complaints of misconduct may be made to the Law Society which may itself investigate complaints lodged directly to it by members of the public, and apply a range of sanctions, or refer more serious complaints to the Solicitors Disciplinary Tribunal. Every client of a solicitor has the right, also, to make a direct complaint of misconduct to the Tribunal.
The Tribunal is an independent statutory tribunal appointed by the President of the High Court. It examines complaints of misconduct against solicitors and reports to the High Court. Where there is a finding of misconduct, the Tribunal can itself impose a sanction on the solicitor ranging from admonishment to a direction to pay restitution of a sum not exceeding €15,000 to an aggrieved party. In more serious cases the Tribunal may refer its finding and recommendation to the High Court to ultimately decide on the nature of the sanction to be imposed on the solicitor. The powers of sanction available to the High Court range up to striking the solicitor off the roll.
259. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí by rank in the Criminal Assets Bureau, Garda National Immigration Bureau and the Garda National Bureau of Criminal Investigation. [13602/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have been informed by the Garda Commissioner that the personnel strength of the Criminal Assets Bureau (CAB), Garda National Immigration Bureau (GNIB) and the National Bureau of Criminal Investigation [839](NBCI) broken down by rank, on the latest date for which figures are readily available, was as set out in the table:
| Unit | C/Supt | Supt | Insp | Sgt | Gda |
|---|---|---|---|---|---|
| CAB | 1 | 1 | 2 | 5 | 27 |
| GNIB | 1 | 2 | 5 | 19 | 151 |
| NBCI | 1 | 5 | 8 | 27 | 123 |
Responsibility for the allocation of resources, including personnel, within the Force rests with the Garda Commissioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána. The situation is kept under continuing review to ensure optimum use is made of these resources and the best possible Garda service is provided to the public.
260. Deputy Seán Kenny asked the Minister for Justice and Equality the number of marked and unmarked Garda vehicles that are allocated to each Garda station in the Dublin region; and the number of Garda vans allocated. [13603/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have asked the Garda Commissioner for the information sought in the Deputy’s Question. I will revert to the Deputy as soon as the information becomes available.
261. Deputy Seán Kenny asked the Minister for Justice and Equality the number of Garda public service vehicle inspectors in each Garda district or division; and his plans to increase the number. [13604/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have requested this information from the Commissioner and I will revert to the Deputy immediately upon its receipt.
262. Deputy Seán Kenny asked the Minister for Justice and Equality the number of Garda forensic collision investigators in each Garda district or division; and his plans to increase this number. [13605/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Authorities that there are currently 54 Forensic Collision Investigators assisting in traffic collision investigation.
| Region | Sergeants | Gardaí |
|---|---|---|
| Dublin Metropolitan Region | — | 6 |
| Eastern Region | — | 8 |
| Northern Region | 4 | 9 |
| South East Region | 1 | 3 |
| Southern Region | 1 | 11 |
| Western Region | 3 | 7 |
| Garda College | 1 | — |
| Total | 10 | 44 |
263. Deputy Tony McLoughlin asked the Minister for Justice and Equality his plans to improve the process of Garda clearance in the Sligo region. [13643/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Garda Central Vetting Unit, based in Thurles, provides centralised vetting for all registered organisations nationwide. The organisation of concern to the Deputy is registered with the GCVU. The length of time currently being taken to process vetting applications is a matter which I am determined to bring down to an acceptable level. I recognise that it is important to process these applications within a reasonable time frame both for the benefit of the applicants and the organisations involved.
A number of immediate measures are being taken to improve the situation. The sanction of the Department of Finance has been obtained to retain the services of ten temporary employees in the GCVU. A further sanction has been obtained to engage an additional ten temporary employees for the Unit and the process of recruiting these is underway. This should have an impact on processing times. In addition, further steps are under consideration with a view to alleviating the pressure on the staff of the GCVU and to reduce the time taken for the processing of applications. I am informed by the Garda Authorities that, at present, the average processing time for vetting applications received at the GCVU is approximately 10 weeks.
The average processing time for vetting applications fluctuates in line with periods of increased demand. In processing an individual vetting application, additional time may be required in cases where clarification is needed as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. Registered organisations have been advised to take account of this in their recruitment and selection process.
However, the Gardaí make every effort to reduce the time to the minimum possible consistent with carrying out what are very necessary checks. The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives from around 188,000 in 2007 to almost 292,000 in 2010. At present, there are approximately 55,000 applications in the course of being processed.
264. Deputy Dara Calleary asked the Minister for Justice and Equality if his attention has been drawn to the contents of a report (details supplied); his views on the findings and financial conclusions of the report; and if he will make a statement on the matter. [13653/11]
Minister for Justice and Equality (Deputy Alan Shatter): The increase in fees applicable to Special Exemption Orders provided for in the District Courts (Fees) Order 2008 (S.I. No. 202 of 2008) was the first such increase since 2004. The current court fee is €300. The report referred to by the Deputy which was commissioned by the Irish Nightclub Industry Association has been brought to my attention. While I am aware of the pressures on licensees, I am also aware that there is a need to maintain a balance in this matter having regard to the considerable costs to the State which arise from late night drinking.
265. D’fhiafraigh Éamon Ó Cuív den Aire Cosanta cén uair a thosóidh earcaíocht san arm arís agus na cathláin den arm a bheidh i gceist. [13404/11]
[841]Minister for Defence (Deputy Alan Shatter): Cuireadh earcaíocht sna Buan-Óglaigh ar fionraí i dtreo dheireadh 2008 go dtí go mbeadh athbhreithniú déanta ar na bealaí is fearr leis an laghdú 3% ar chostais párolla, a cuireadh i bhfeidhm ar Óglaigh na hÉireann, mar a rinneadh i réimsí eile sa tseirbhís phoiblí, a bhaint amach. Laistigh den gcomhthéacs, comhdhlúthú a dheánamh ar airgeadas poiblí tá an Rialtas dírithe ar éifeachtacht oibríochta Óglaigh na hÉireann a choinneáil. Chuige sin, rinneadh sprioc-earcaíocht i 2010 agus tá sin ag leanúint i 2011.
Deir na hÚdaráis Mhíleata go bhfuil ar an iomlán 265 Earcach Ginearálta Seirbhíse liostáilte go dtí seo i 2011. Tá 19 earcach fós le hearcú i mbuíon earcach na Seirbhíse Cabhlaigh agus tá siad sin le liostáil sna seachtainí atá romhainn. Níl aon phleananna ann le tuilleadh earcaíochta seirbhíse ginearálta a dhéanamh sna Buan-Óglaigh faoi láthair. Glacfar isteach le 30 dalta ón Chomórtas Daltais in 2011 agus líonfar roinnt ceapachán teicniúil freisin.
Le tacaíocht ón gCeann Foirne agus laistigh d’acmhainní atá ar fáil, tá rún agam cumas na heagraíochta Cosanta a choinneáil le go mbeidh séábalta feidhmiú go héifeachtach i ngach ról is ag an am céanna ag cur le geilleagair seirbhíse poiblí riachtanacha. Comhairlítear dom go bhfuil ar chumas Óglaigh na hÉireann, ag an tráth seo, tabhairt faoi na tascanna atá leagtha amach dó ag an Rialtas sa bhaile agus thar lear.
266. Deputy Finian McGrath asked the Minister for Defence the reason the Reserve Defence Forces were not used during the recent high profile visits (details supplied). [13444/11]
Minister for Defence (Deputy Alan Shatter): Security arrangements for the visits of Queen Elizabeth II and the President of the United States were primarily an operational matter for An Garda Síochána. Amongst the roles assigned to the Defence Forces in the White Paper on Defence (2000) is the provision of Aid to the Civil Power (ATCP) — meaning in practice to assist, when requested, An Garda Síochána. In relation to these two hugely successful visits, the role played by the Defence Forces included search, surveillance and security operations on land, at sea and in the air as requested by, and in support of, An Garda Síochána.
In this context, there was no requirement for the Reserve Defence Force (RDF) to provide capacity to augment the Permanent Defence Force (PDF). The Defence Forces were also involved in the provision of ceremonial duties as part of Queen Elizabeth’s State visit. The RDF was not used in this regard as the PDF were in a position to carry out all tasks assigned to them. In these circumstances, the additional costs that would have been involved in calling on members of the RDF to participate in what were lengthy preparations for the two visits could not be justified.
267. Deputy Joe Costello asked the Minister for Defence the position regarding the termination of service in respect of a person (details supplied); and if he will make a statement on the matter. [13517/11]
Minister for Defence (Deputy Alan Shatter): As the person referred to has initiated legal proceedings by way of judicial review in this matter, I cannot comment in regard to any issue in this case. The person would be best advised to consult his legal representative regarding the status of his case.
268. Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food if his attention [842]has been drawn to the concerns of a person (details supplied) in County Laois regarding animal welfare; the actions he will take to alleviate such concerns; and if he will make a statement on the matter. [13282/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I am aware of the issues raised by the person to whom the Deputy refers. There has been extensive contact between the individual concerned and officials from my Department. It is my understanding that the complaints made by this individual to the relevant regulatory bodies, North and South, have been investigated and the outcome of those investigations have been made known to the complainant.
My Department’s responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. The relevant legislation in this area is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, S.I. No. 311 of 2010. Animals “used in competitions/shows, cultural or sporting events or activities while so being used” are outside the scope of S.I. No. 311 of 2010. Accordingly it is clear that the complaints forwarded by the named individual to this Department are not covered by this legislation and thus fall outside the remit of the Department.
My Department must act at all times in accordance with legislation. The principal statutes governing cruelty to all animals, including horses, in this country are the Protection of Animals Acts 1911 and 1965. Responsibility for pursuing cases under this legislation rests with An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
This Department has clarified its position in this matter both verbally and in writing in recent months by way of direct contact with the individual and also in a response issued to earlier representations made on his behalf. I have written to this person (12th May 2011) and explained to him that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for him to decide if he wishes to report these matters to the Gardaí or indeed if he wishes to institute civil proceedings. Officials from my Department have met with the person named last week to explain the Department’s position.
269. Deputy Timmy Dooley asked the Minister for Agriculture, Fisheries and Food when inspections under the Burren farming for conservation project are due to take place. [13246/11]
270. Deputy Timmy Dooley asked the Minister for Agriculture, Fisheries and Food when payments will commence under the Burren farming conservation project. [13247/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I propose to take Questions Nos. 269 and 270 together.
The Burren Farming for Conservation Programme is one of three schemes introduced by my Department using funding made available following the CAP Health Check; a total of €1 million per annum was provided for this Scheme out of the total amount available of €25 million, with the balance divided between the Grassland Sheep Scheme (€18 million) and the Dairy Efficiency Programme (€6 million). These Schemes are each projected to have a three-year life span — 2010, 2011 and 2012. My Department is currently finalising its verification [843]checks and carrying out the required on-the-spot inspections at farmer level with regard to the Burren Farming for Conservation Programme. It is intended to issue payments to all applicants in the coming weeks.
271. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the costs incurred year on year since scrapie testing of sheep commenced; the percentage of slaughtered sheep tested each year; the percentage of those that tested positive; and if he will make a statement on the matter. [13249/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The information requested by the Deputy is set out in the table. The testing concerned is a requirement under Regulation (EC) 999/2001.
272. Deputy Tom Fleming asked the Minister for Agriculture, Fisheries and Food if Castlemaine Harbour, County Kerry, will be opened to the sourcing of mussel seed in 2011 prior to the seed being destroyed by predators; and if he can provide a date for this reopening. [13257/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Castlemaine Harbour area is a designated Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive. This highly protected environmental status requires that before the mussel seed fishery in Castlemaine Harbour can be opened, the fishery must be subject to an appropriate assessment of its potential to impact on the conservation objectives for the site and any necessary mitigating measures taken. The European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. No. 346 of 2009) set out the statutory procedure for this process.
[844]On 7 April 2011, I received the draft Fisheries Natura Plan for Castlemaine Harbour required by the Regulations. The Plan was drafted by the Secretariat of the Bottom Grown Mussel Consultative Forum, in consultation with industry members in the Castlemaine Harbour area, the Committee of Management of the Castlemaine Harbour Co-operative Society Limited and Bord Iascaigh Mhara. On receipt, I Immediately forwarded the Plan to the Marine Institute for appropriate assessment, in accordance with the Regulations. I received the completed Appropriate Assessment Report from the Marine Institute on 4 May 2011. Again, as required by the Regulations, I immediately published the Plan and Appropriate Assessment Report for public consultation. I am required to allow one month for this consultation and so the closing date for receipt of submissions is set for 6 June 2011.
Following the completion of the public consultation I am required to consider the plan, Appropriate Assessment Report and all public submissions before reaching my statutory decision on whether the fishery can open and under what conditions, if any. I expect to make that decision during the month of June. As in previous years, a technical advisory committee will be convened to consider the Plan, Appropriate Assessment Report and public submissions and to make recommendations to me. This Committee will comprise representatives of fishermen in Castlemaine Harbour, environmental NGOs, Bord Iascaigh Mhara, the Marine Institute and the Sea Fisheries Protection Authority and will be chaired by my Department. The Committee is scheduled to meet on 10 June. I will make a decision on a Fisheries Natura Plan having taken full consideration of all the submissions made and the views of the Technical Advisory Committee as early as possible.
The Spring seed mussel fishery nationally is scheduled is close on 31 May, as recommended to me by the Bottom Grown Mussel Consultative Forum, which includes considerable industry representation. The Forum recommended to me that the fishery should open again on 19 August for the main fishery. However, if there is evidence of a significant threat of predation on the seed before that date, I will consider the advice of the Forum on the desirability of an earlier opening.
273. Deputy Sandra McLellan asked the Minister for Agriculture, Fisheries and Food his plans to ensure Irish pig and poultry farmers receive a fair price for a quality product; and if he will make a statement on the matter. [13266/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Deputy will be aware that prices are a function of the supply and demand dynamics in the market place and my Department has no role in how they are determined. Having said that, it is important to note that there are a number of EU measures in place to support prices.
At European level a number of market supports are in place and are utilised on an ongoing basis. Export refunds, intervention and Aid to Private Storage together with various income stabilisation measures are activated in order to alleviate supply side difficulties and to support prices as and when required. These have been especially useful in assisting pig producers in the light of the recent pressure on returns arising from increases in cereal and feed costs. In recent weeks pig prices have recovered somewhat and presently stand at €146.70 per 100 kg, an increase of €17.49 per 100 kg or 13.54%.
The Enlarged Advisory Group on Pigmeat met on a number of occasions in recent months and considered a range of topics designed to support the sector and better position it to deal [845]with challenges and avail of opportunities in the future. A number of initiatives were proposed and the Commission is to submit proposals as part of the process of CAP reform in due course.
274. Deputy Sandra McLellan asked the Minister for Agriculture, Fisheries and Food his plans to ensure that imported pig and poultry products are not presented to the consumer at the point of sale as Irish; and if he will make a statement on the matter. [13267/11]
276. Deputy Sandra McLellan asked the Minister for Agriculture, Fisheries and Food his plans to ensure complete pig and poultry supply chain assurance from producer to consumer. [13269/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I propose to take Questions Nos. 274 and 276 together.
The Minister for Health and 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 between the F.S.A.I. and my Department, The Sea Fisheries Protection Authority, the Health Service Executive and the Local Authority Veterinary Service.
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. Under EU legislation, specific country of origin labelling is only required in the case of beef, unprocessed poultry and fruit and vegetables. For the purposes of international trade, origin is deemed to be the place where the product last underwent a “substantial transformation”.
Ireland has favoured the extension of mandatory origin or provenance labelling to meats other than beef, including pig meat and poultry, and including where such meats are ingredients in processed products and has lobbied for this with the European Commission for many years. A draft EU Commission Regulation, Food Information for the Consumer which, inter alia, relates to mandatory country of origin/place of provenance labelling is currently at Second Reading Stage in the European Parliament with discussions ongoing between the Parliament, Council and the Commission. This Regulation makes provision for the extension of the mandatory origin/provenance labelling requirements to other meats including both pig meat and poultry meat.
In relation to the integrity of the supply chain, Irish pig and poultry production is governed by European regulations which operate along the entire production chain. These are designed to provide assurance in relation to food safety, traceability, animal welfare and the protection of the environment. The food business operators have primary responsibility to comply with the regulations and they are strictly enforced by my Department and the FSAI and provide the necessary assurances in relation to the quality and safety of the product that ends up on customer’s plates.
Finally, I recognise that operators at all levels of the food chain, from producer to retail level, have a critical role to play in providing supply chain assurance to the consumer, and a common interest in ensuring that the integrity of that chain is maintained. In this regard I met recently with farmers, processors and retailers to discuss this and a range of other important issues in relation to the pigmeat sector. I can assure the deputy that I will continue to engage in a pro active and positive way with these stakeholders to ensure that the future development of this very important sector is built on sound foundations which have a strong focus on meeting consumer demands at their core.
275. Deputy Sandra McLellan asked the Minister for Agriculture, Fisheries and Food the current staffing compliment at Bord Bia; the number of unfilled vacancies; and the period for which they have been vacant. [13268/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Operational matters relating to An Bord Bia are the responsibility of the board of An Bord Bia and my own Department has responsibility in relation to policy matters. I understand from An Bord Bia that the number of people (full-time equivalent) currently employed by An Bord Bia is 92.8 representing a reduction of 11.5 since 2009. Some 5.5 vacancies were not filled in 2009, a further five in 2010 and one in 2011. Bord Bia is close to reaching its Employment Control Framework target of 91 posts by the end of 2011.
Question No. 276 answered with Question No. 274.
277. D’fhiafraigh Éamon Ó Cuív den Aire Talmhaíochta, Iascaigh agus Bia an bhfuil cosc ar áisíneachtaí forbartha ar nós Údarás na Gaeltachta deontais a cheadú do thionscal na mbradán feirme ag eascairt ó fhorálacha maidir le bradáin fhiáine a chosaint ó mhíolta mara atá sa Chlár Náisiúnta um Bhia na Mara a foilsíodh i 2010; agus an gceapann sé go bhfuil sé réasúnach nach bhfuil cead deontais a thabhairt do thionscnaimh atá ceadúnaithe ag a Roinn féin; agus an ndéanfaidh sé ráiteas ina thaobh. [13276/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Seoladh an Clár Náisiúnta um Bhia na Mara i mí Iúil 2010 chun cúnamh deontais a chur ar fáil ó mhaoiniú an Státchiste do ghnéithe áirithe de thionscal na hiascaireachta, lena n-áirítear dobharshaothrú. Le linn an phróisis chomhairliúcháin phoiblí agus reachtúil ar an mheasúnú straitéiseach comhshaoil a rinneadh ar an gClár seo, bhí imní ar na Bord Iascaigh Láir agus Réigiúnacha agus ar an Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha maidir leis an tionchar diúltach a bheadh ag míolta mara a thagann ó fheirmeacha bradán ar shalmainidí fiáine imirceacha. D’aontaigh an tAire a bhí ann ag an am leis an Aire Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha nach dtabharfaí aon chúnamh airgeadais le linn an Chláir Náisiúnta seo do shealbhóirí na gceadúnas dobharshaothraithe bradán mara go dtí go réiteofaí go sásúil an cheist agus gur mar bheart réamhchúraim a bhí méá dhéanamh sin.
Chuir mo Roinn doiciméad beartais dar teideal “A Strategy for Improved Pest Control on Irish Salmon Farms” le chéile, agus rinneadh é sin i gcomhairle le Foras na Mara agus le BIM in 2008. Sa Straitéis bhí roinnt moltaí chun rialú níos fearr a dhéanamh ar mhíolta mara, lena n-áirítear Grúpa Forfheidhmiúcháin Náisiúnta a bhunú chun maoirsiú a dhéanamh ar fhorfheidhmiú na Straitéise agus ar a cuid moltaí. Bunaíodh an Grúpa i mí na Nollag 2008 agus d’fhoilsigh an Roinn a tuarascáil i mí na Nollag 2010. Thángthas ar an gconclúid sa Tuarascáil go raibh na leibhéil de mhíolta mara i bhformhór na láithreán dobharshaothraithe bradán faoi na leibhéil a d’éileodh cóireáil a dhéanamh orthu agus, i ngach cás nuair a eisíodh fógraí chun cóireáil a dhéanamh, cuireadh pleananna cóireála éifeachtacha i bhfeidhm. Ag éiríó na torthaí dearfacha, rinneadh sraith moltaí sa tuarascáil inar cuimsíodh cóireálacha, cleachtais maidir le monatóireacht agus bainistíocht a dhéanamh ar ghalair d’fhonn leanúint den dul chun cinn atá déanta go dtí seo.
In ainneoin na gconclúidí dearfacha a bhí ag an nGrúpa Forfheidhmiúcháin Náisiúnta, tuigim gur mian le hIascaigh Intíre na hÉireann agus leis an Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha tuilleadh dul chun cinn a fheiceáil ó thaobh míolta mara a chur faoi [847]smacht sula féidir an imní atá orthu faoi shalmainidí fiáine imirceacha a mhaolú. Tá BIM agus Foras na Mara fós ag obair leis an tionscal dobharshaothraithe bradán chun leanúint den dul chun cinn atáthar a dhéanamh leis an Straitéis míolta mara a chur i bhfeidhm.
278. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [13305/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named registered forty-three animals under the 2010 Suckler Welfare Scheme. Payment has been made in respect of thirty-four of the animals and a further four are ineligible as, the validation checks undertaken by my Department, established non-compliance with the Terms and Conditions of the Scheme. The remaining five animals have queries associated with them. Letters have issued from my Department to the person named seeking clarification on the issues surrounding these five animals.
279. Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway will receive the second part of their REP scheme payment. [13317/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in June 2009 and received the first years payment in full. Some 75% of the year 2 payment was made in March 2011. Payment of the final 25% cannot be made until outstanding checks are finalised and compliance with the scheme conditions has been fully established. Payment will issue at the earliest possible date once all checks have been completed.
281. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when a payment will issue on an application for the farm improvement scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [13325/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person concerned is an applicant under the Farm Improvement Scheme. Payment of the grant will take place when it has been determined that all the terms and conditions of the Scheme have been complied with. The checks concerned should be completed in the near future.
282. Deputy Terence Flanagan asked the Minister for Agriculture, Fisheries and Food if he will meet a delegation (details supplied); and if he will make a statement on the matter. [13341/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department has a system in place whereby a Harbour Users Forum is held regularly in each of the six Fishery Harbour Centres including Howth. This forum is facilitated by the representatives of my Department at a senior level and provides an opportunity for discussion and clarification in relation to any matter pertaining to the Fishery Harbour Centre. Arrangements for representation at the Harbour Users Forum can be made through my staff in the Sea Fisheries Administration Division (Clonakilty) of my Department.
283. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when an application for transfer of entitlements will be finalised in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [13344/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Two applications for the transfer of entitlements under the 2011 Single Payment Scheme from the person named were submitted on the 9 May 2011. During processing of the first application, it was necessary for an official of my Department to write to the person named seeking clarification on the unit value of the entitlements. A reply was received on the 25th May 2011 and the application was fully processed on the 26th May 2011. During the processing of the second application, it was necessary for an official of my Department to write to the transferees of the entitlements requesting an additional signature on the Transfer application form. Upon receipt of the requested information the application will be processed.
284. Deputy Noel Harrington asked the Minister for Agriculture, Fisheries and Food his plans to replace staff in the BIM training school in Castletownbere, County Cork, in order that the full course may be offered to many applicants seeking to undertake and complete the full skipper ticket; and if he will make a statement on the matter. [13355/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): BIM is an independent statutory body tasked with providing vocational training to the seafood industry. BIM has advised my Department that the demands of delivering the 14 week intensive course leading to the Skipper Full Certificate of Competency require the availability of two Master Mariner plus other instructors with maritime qualifications satisfying the requirements of the Marine Survey Office of the Department of Transport.
Following the retirement of a Master Mariner in Greencastle in December 2010, BIM have commenced discussions with my Department on addressing the personnel needs of delivering the Skipper Full Certificate course in the context of BIM’s Employment Control Framework targets which have been set by the Department of Finance. BIM advises that in the interim it intends to seek instructors on a service supply basis on the Government’s eTenders site as a matter of urgency.
285. Deputy Seamus Kirk asked the Minister for Agriculture, Fisheries and Food when a farm waste management grant will be awarded in respect of a person (details supplied) in County Monaghan. [13356/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person concerned is an applicant under the Farm Waste Management Scheme and received approval for the completion of a number of items under the Scheme, including a slatted house, slurry storage tank and associated facilities. A number of issues have arisen in relation to the claim submitted by the person named. These are under examination in my Department and a decision will be made as soon as possible.
286. Deputy Seamus Kirk asked the Minister for Agriculture, Fisheries and Food when a sheep subsidy payment will be awarded in respect of a person (details supplied) in County Louth. [13357/11]
[849]Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): As processing of the application under the Grassland Sheep Scheme received from the person named on the 17 May 2010 has now been finalised, the payment due will issue shortly.
287. Deputy Peter Mathews asked the Minister for Agriculture, Fisheries and Food if he will ensure the Irish Greyhound Board is prevented from exporting greyhounds to China via a third country; and if he will make a statement on the matter. [13369/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Following a meeting of my colleague Minister of State Shane McEntee, TD, with the Chairman and Chief Executive of Bord na gCon on 3rd May 2011, it was agreed that Bord na gCon would drop its proposal to export greyhounds to China.
288. Deputy Billy Kelleher asked the Minister for Agriculture, Fisheries and Food the names of the special advisers appointed to his office since 9 March 2011; their specific role and the level of salary they will be earning. [13382/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I have listed the details of the special advisers appointed in my Department since the 9th March, 2011 in the table:
289. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when he expects the consolidation application to be finalised in respect of a person (details supplied) in County Cork. [13440/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department has no record of receiving an application under the consolidation measure of the 2010 or 2011 Single Payment Scheme from the person named. The closing date for receipt of applications under this measure of the 2010 Single Payment Scheme was the 17th May 2010 and the closing date under the 2011 Scheme was 16th May 2011.
290. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [13500/11]
[850]Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named has been approved into the AEOS scheme with a start date of 1 September 2010. Under the EU Regulations governing the Agri-Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. I expect that payments to participants in the scheme in respect of 2010 will commence in August and that payments in respect of 2011 for AEOS1 participants will commence in October.
291. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food when payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [13503/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named has been approved into the AEOS scheme with a start date of the 1st November 2010. Under the EU Regulations governing the Agri-Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. I expect that payments to participants in the scheme in respect of 2010 will commence in August and that payments in respect of 2011 for AEOS1 participants will commence in October.
292. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if the agreement which was entered into by his predecessors with representatives of a group (details supplied) who campaigned for access for additional milk quota has been honoured in full in terms of additional milk quota to these farmers; and if he will make a statement on the matter. [13575/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Milk Rights Group was set up to lobby on behalf of its members for parity of treatment with plaintiffs whose cases were considered by the Supreme Court in 1997, and who were successful in their actions in relation to the method of quota allocation on the introduction of the milk quota/super levy regime in 1984. My Department does not accept that it has any liability other than in cases that have been determined by the courts.
Under a scheme announced in 2001, my Department allocated a significant amount of additional quota under the AGENDA 2000 agreement to persons, including members of the Milk Rights Group, whose circumstances were similar to those of the aforementioned plaintiffs. These special allocations took account of the volume of extra quota that the High Court had determined might have been granted to producers in general who were pursuing dairy investment plans around 1984.
293. Deputy Seán Kenny asked the Minister for Agriculture, Fisheries and Food the number of staff employed by the Sea Fisheries Protection Authority by grade. [13599/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Sea Fisheries Protection Authority is an independent statutory body. The 2011 Authority total staff is 97. The internal staffing arrangements are a matter for the Authority. The Department has forwarded the request to the Sea Fisheries Protection Authority for its consideration and for a direct reply to the Deputy.
294. Deputy Billy Kelleher asked the Minister for Community, Equality and Gaeltacht Affairs the names of the special advisers appointed to her office since 9 March 2011; their specific role and the level of salary they will be earning. [13384/11]
Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): The details requested by the Deputy in respect of the special advisors appointed to my office since 9 March 2011 is outlined in the table:
| Name | Role | Salary |
|---|---|---|
| Jennifer Carroll Mac Neill | Special Adviser | Principal Officer Standard Scale |
| Marion Mannion | Special Adviser | Principal Officer Standard Scale |
The principal role of my advisors is to assist in co-ordinating the implementation of the elements of the Programme for Government relevant to my Department and to provide advice to me in relation to my Ministerial responsibilities.
295. Deputy Éamon Ó Cuív asked the Minister for Health and Children if he will consider a request for funding from Western Alzheimers in view of the fact that a previous parliamentary question was referred to the Health Service Executive and that the HSE in its reply said it was its understanding that the request was made to the Department of Finance; and if he will make a statement on the matter. [13430/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): I understand that the matter raised by the Deputy relates to a request for funding to assist towards overall financial pressures at the Western Alzheimers organisation. The Deputy will appreciate, as indicated previously, that the Health Service Executive has operational responsibility for the planning and delivery of services at national and local level, including the question of grant-aid in this type of case. While the original approach by the organisation was directed to the Department of Finance, the appropriate course of action, given the nature of the request, is for Western Alzheimers to pursue the specific issue directly with the HSE.
296. Deputy Seán Kenny asked the Minister for Health and Children the number of staff employed by the Food Safety Authority of Ireland by grade. [13599/11]
Minister for Health and Children (Deputy James Reilly): The number of staff by grade employed by the Food Safety Authority of Ireland is as follows:
297. Deputy Billy Kelleher asked the Minister for Health and Children when he will publish a detailed plan for the implementation of universal health insurance. [13619/11]
Minister for Health and Children (Deputy James Reilly): The Government is committed to implementing a comprehensive programme of health reform, the ultimate objective of which is to ensure equal access to healthcare based on need, not income. This objective will be achieved through a single-tier health service supported by universal health insurance. The key policy principles of the reform programme are as follows. Firstly, the reform will involve significant strengthening of primary care services to deliver universal primary care with removal of cost as a barrier to access for patients. This will be achieved on a phased basis to allow for the recruitment of additional doctors, nurses and other primary care professionals.
In parallel to the development of primary care, there will also be significant reform of the acute hospital sector. I am committed to tackling the issue of waiting times and waiting lists by introducing new initiatives such as the Special Delivery Unit. A more transparent and efficient “Money Follows the Patient” funding mechanism and a purchaser/provider split will also be introduced. In the latter case, this will involve establishing hospitals as independent, not for profit trusts. Once the key building blocks, such as a strengthened primary care system and “Money Follows the Patient” funding, have been put in place, the health sector will be ready for universal health insurance.
Undertaking this comprehensive reform process is a complex task which must be carefully planned and sequenced. Officials in my Department are currently giving careful consideration to the reform programme with a view to developing implementation proposals for the phased introduction of the above reforms. Officials are also engaged in enhancing their understanding of the application of universal health insurance as well as considering best practice in healthcare reform.
In that regard, officials organised a seminar on universal health insurance which was attended by experts from the Dutch Health Ministry, the World Health Organisation and the European Observatory on Health Systems and Policies. Furthermore, officials will shortly be undertaking a study visit to the Netherlands to examine in more detail the Dutch health reform programme. A similar visit to Germany is also in the process of being arranged. I will be communicating on an ongoing basis as the detailed arrangements for examination and implementation of the reforms are progressed.
298. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when his attention was first drawn to the 12 to 18 month waiting list for endoscopy at Our Lady’s Hospital for Sick Children, Crumlin, Dublin; if he has ascertained the resource needs and other [853]issues which need to be addressed; the immediate action he proposes to take to address this delay; and if he will make a statement on the matter. [13692/11]
Minister for Health and Children (Deputy James Reilly): A statement on the issue of waiting times for endoscopies was issued by Our Lady’s Children’s Hospital, Crumlin on 24 May 2011. A copy of this statement was forwarded to my office on the same day. There has been a very significant increase nationally in the number of children presenting to Crumlin Hospital with possible bowel diseases which has led to an increased demand for diagnostic endoscopies.
The hospital has provided extra theatre time to consultants to carry out additional endoscopies in 2010 and 2011. Despite extra theatre time being made available, there remains a challenge to keep pace with growing demand for these procedures. In order to address this challenge, the hospital is taking a number of further steps. The Clinical Director for the three Dublin children’s hospitals has been working to identify opportunities available over the three sites to improve capacity for endoscopies.
Crumlin Children’s Hospital is also making use of the National Treatment Purchase Fund (NTPF) to address the waiting time issue. In 2010, the hospital referred 45 patients for endoscopies to the NTPF. This year, to date, the hospital has referred a further 40 patients to NTPF. The hospital is currently carrying out a validation exercise in relation to waiting lists for endoscopies. The Clinical Director and senior hospital management are actively working with the Gastroenterology Service in Crumlin in relation to the waiting list process for endoscopies. I have been assured by the hospital that all patients are assessed and prioritised on the basis of their clinical needs.
299. Deputy Sean Fleming asked the Minister for Health and Children if he will seek a reorganisation of services in the Health Service Executive Dublin mid-Leinster area for children and adolescents with type 1 diabetes; and if he will make a statement on the matter. [13242/11]
Minister for Health and Children (Deputy James Reilly): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
300. Deputy Pearse Doherty asked the Minister for Health and Children the average waiting time for an appointment with each specialist located at a hospital (details supplied) in County Donegal; and if he will make a statement on the matter. [13251/11]
Minister for Health and Children (Deputy James Reilly): The average waiting time in the hospital referred to by the Deputy varies by specialty and between urgent and routine appointments. Depending on the specialty and degree of urgency, a number of consultants see urgent patients within a week. However, the average waiting time for routine appointments differs according to consultant and individual circumstances.
As Minister for Health I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. The Government is committed to establishing a Special Delivery Unit (SDU) to improve access to the emergency and elective care system. The SDU is a Government priority and is one of the commitments from the Programme for Government 2011-2016 to be achieved within the first 100 days. Extensive work is currently [854]being undertaken in designing this Unit, based on an initiative in Northern Ireland, which substantially reduced waiting lists over two to three years.
Question No. 301 answered with Question No. 57.
302. Deputy Maureen O’Sullivan asked the Minister for Health and Children if he will provide funding and resources to set up the 116000 EU hotline number for missing children in view of the number of children who go missing here. [13291/11]
331. Deputy Terence Flanagan asked the Minister for Health and Children the position regarding the missing children hotline number (details supplied); and if he will make a statement on the matter. [13525/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 302 and 331 together.
The purpose of the 116000 phone number is to provide a contact number to families if children go missing. While the Office of the Minister for Children was involved in ongoing discussions with other Government Departments in relation to the development of a hotline for missing children, the establishment of the hotline for missing children is a matter for the Department of Communications, Energy and Natural Resources The issue of missing children is a matter for the Garda Síochána.
303. Deputy Tom Fleming asked the Minister for Health and Children the position regarding orthodontic treatment in respect of a person (details supplied) in County Kerry. [13293/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
304. Deputy Charlie McConalogue asked the Minister for Health and Children his plans to reverse the decision of the Health Service Executive to terminate all funding to the Rape Crisis Network Ireland; and if he will make a statement on the matter. [13294/11]
Minister for Health and Children (Deputy James Reilly): The HSE has been considering changes in the arrangements for funding organisations that provide domestic, sexual andgender-based violence services, including the Rape Crisis Network Ireland. However, it has been decided to extend the current funding to this Network until 1st August to allow me to review these proposals.
305. Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children if he will confirm the Health Service Executive guidelines for providing accommodation such as hotel rooms or rented accommodation to senior staff; and if he will make a statement on the matter. [13297/11]
Minister for Health and Children (Deputy James Reilly): Arrangements are in place in the HSE whereby staff may claim travel and subsistence payments in respect of relevant expenses incurred in the course of official duties. Subsistence rates are prescribed in respect of overnight [855]stays away from the employee’s home. Similarly, travel rates are set at a fixed amount per mile/kilometre travelled. The Executive issues circulars across the organisation from time to time, setting out the applicable rates. All travel and subsistence claims must be signed off by the appropriate line-manager, who must be satisfied that they are in order, prior to their approval. The Executive also has a foreign travel policy in place. This policy highlights the importance of ensuring economy and value for money in all travel arrangements.
306. Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children if he will confirm that a sub-group was established as set out in the Health Service Executive management team minutes of 2 December 2008, under agenda item 8 titled Ambulance Strategy; if he will further confirm the number of times that this sub-group met between December 2008 and March 2010; if these meetings were minuted; if he will release these minutes to public scrutiny; and if he will make a statement on the matter. [13298/11]
Minister for Health and Children (Deputy James Reilly): I am aware of the subgroup to which the Deputy refers. I understand that the group was established by the HSE National Ambulance Service in order to progress improved management and integration of ambulance services. As this is a service matter, it has been referred to the HSE for direct reply.
307. Deputy Jack Wall asked the Minister for Health and Children, further to Parliamentary Question No. 384 of 12 April 2011, the progress made regarding a person (details supplied) to address medical needs and the fact that due to the medical procedure needed the person cannot use the National Treatment Purchase Fund system despite the fact that the person is now waiting four years for such a procedure; if the person can be transferred to another hospital in the State that can facilitate such a medical procedure or if the Health Service Executive will investigate the position of being transferred to a hospital outside the State that has such facilities; and if he will make a statement on the matter. [13307/11]
Minister for Health and Children (Deputy James Reilly): I understand that the HSE responded to the Deputy in relation to this case on the 15th April. At that time the HSE advised that there was no record of this patient waiting for treatment at the Mater Hospital. I can also confirm that this patient is currently not on an NTPF waiting list. As this is a service matter, it has been referred to the HSE for direct reply.
308. Deputy Jack Wall asked the Minister for Health and Children if a person (details supplied) may obtain treatment under the E112 system; if he will determine the procedure the person has to follow to ensure receipt of such a referral; and if he will make a statement on the matter. [13308/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
309. Deputy Billy Timmins asked the Minister for Health and Children the position regarding [856]a medical card in respect of a person (details supplied) in County Wicklow; if this will be renewed as a matter of urgency; and if he will make a statement on the matter. [13310/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
310. Deputy Brendan Griffin asked the Minister for Health and Children the outcome of interviews that were held by the National Recruitment Service, Health Service Executive, HR services, Áras Sláinte Chluainin, Manorhamilton, County Leitrim, in Dublin in April 2011 for the positions of clinical nurse managers 11(CNM11) in mental health services to form a national panel for the purpose of recruitment; and if he will make a statement on the matter. [13316/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.
311. Deputy Finian McGrath asked the Minister for Health and Children if a Supplementary Estimate will need to be introduced or amending legislation to alter the fair deal scheme in view of the current shortfall. [13328/11]
315. Deputy James Bannon asked the Minister for Health and Children when the €100 million ring-fenced for the fair deal will be returned by the Health Service Executive to its rightful purpose; and if he will make a statement on the matter. [13371/11]
316. Deputy James Bannon asked the Minister for Health and Children the reason the Health Service Executive is continuing to block the return of allocated funds to the fair deal scheme on the pretext that it has not been given the necessary clarity by his Department; and if he will make a statement on the matter. [13372/11]
317. Deputy James Bannon asked the Minister for Health and Children if he considers it equitable that the Health Service Executive is using delaying tactics to avoid his directions in a way which is detrimental to its own medium and long-term budget; and if he will make a statement on the matter. [13373/11]
318. Deputy James Bannon asked the Minister for Health and Children if the Health Service Executive is prepared to confirm that no further elderly and vulnerable adults will be held in the community or in hospital on account of the lack of allocated funding under the fair deal; and if he will make a statement on the matter. [13374/11]
319. Deputy James Bannon asked the Minister for Health and Children the reason money reallocated from the fair deal is being utilised for pharmaceuticals and physiotherapy for residents in nursing homes (details supplied); and if he will make a statement on the matter. [13375/11]
332. Deputy Brendan Smith asked the Minister for Health and Children if approvals are issuing under the fair deal scheme in all Health Service Executive regions throughout the country; and if he will make a statement on the matter. [13531/11]
[857]351. Deputy Bernard J. Durkan asked the Minister for Health and Children when he expects to be in a position to offer a resolution in respect of the delivery of long stay accommodation support under the fair deal scheme; if he expects to be in a position to redeploy resources to address the issue; and if he will make a statement on the matter. [13657/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): I propose to take Questions Nos. 311, 315 to 319, inclusive, 332 and 351 together.
As the Deputies are aware, the Minister for Health and Children has recently been made aware of a serious shortfall in the Fair Deal budget for this year. The budget is coming under pressure from, amongst other things, increases in overall costs and increases in net demand for long term care. Furthermore, the HSE has advised that the Long-term Residential Care subhead is also funding services other than those covered by the Nursing Homes Support Scheme. I understand these other services, which include therapies and medications, are being provided to people in nursing homes.
The decision to suspend approvals under the Nursing Homes Support Scheme was made by the HSE on Friday, 13th May 2011 and a letter issued to each Regional Director of Operations for further distribution to all hospitals in their areas. A copy of this letter was sent to the Department of Health and Children on Tuesday, 17th May. The Minister for Health and Children was advised that day and a meeting with the HSE took place that evening.
A full examination of the funding situation is underway, conducted jointly by the Department of Health and the HSE. This examination is to be completed by Friday June 3rd, 2011. The Minister has sought further information about the level of funding provided for, and the costs drivers impacting on, the Long-term Residential Care subhead. The main priority at this stage is to establish what steps might be taken to allow more people to benefit from the scheme. In the meantime, applications for financial support under the scheme will continue to be accepted and processed. However, decisions to grant approval will be subject to the availability of funding.
312. Deputy Niall Collins asked the Minister for Health and Children if he will assist in making a financial assistance package available to a person (details supplied) in County Cork for a specific purpose. [13350/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.
313. Deputy Niall Collins asked the Minister for Health and Children if he will consider assisting a person (details supplied) in County Cork in being transferred to a geriatric type hospital in a specific area. [13351/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.
314. Deputy Niall Collins asked the Minister for Health and Children if he will assist in having a medical card approved in respect of persons (details supplied) in County Cork. [13353/11]
[858]Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Questions Nos. 315 to 319, inclusive, answered with Question No. 311
320. Deputy Billy Kelleher asked the Minister for Health and Children the names of the special advisers appointed to his office since 9 March 2011; their specific role; and the level of salary they will earn. [13391/11]
Minister for Health and Children (Deputy James Reilly): Since 9 March 2011, I have appointed Mr. Mark Costigan as Press Adviser and Mr. Sean Faughnan as Special Adviser, both on the Principal Officer (Standard) salary level which ranges from €80,051 to €92,672. A Government Order in relation to these appointments will be sought shortly. The Special Advisers are required to perform any duties which may be assigned to them as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.
321. Deputy Éamon Ó Cuív asked the Minister for Health and Children his plans to allocate further funding to the Tallaght drugs task force, Dublin, to ensure the continuation of the dial to stop drug dealing campaign; and if he will make a statement on the matter. [13429/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): Dial to Stop Drug Dealing is a safe, confidential and completely anonymous phone line for people to pass on information on drug dealing, which has been in operation since September 2008. A national initiative to publicise the phone line, which involved 15 local/regional ‘Dial to Stop’ campaigns, was undertaken from October 2008 to July 2009 through the mechanism of Local and Regional Drugs Task Forces, including Tallaght Local Drugs Task Force.
The funding for the initiative, which is managed centrally, included support for the local and regional campaigns as well as the costs of operating the phone line. The campaign was re-launched in October 2010 with a two week national promotional campaign, followed by local campaigns at Drugs Task Force level. Since 2008, over €689,000 has been allocated to this campaign. The phone line has resulted in over 9,800 calls received and 2,800 reports made to the Gardaí. An evaluation of the 2010 campaign has been completed and is currently under consideration. The evaluation will inform the future approach to the initiative.
322. Deputy Denis Naughten asked the Minister for Health and Children the funding provided for research into prostate cancer; the plans for further investment in research into the cancer; and if he will make a statement on the matter. [13432/11]
323. Deputy Denis Naughten asked the Minister for Health and Children the funding provided for research into breast and cervical cancer respectively; the plans for further investment in research into each cancer; and if he will make a statement on the matter. [13433/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 322 and 323 together.
[859]Cancer research forms a large part of the research programme in Ireland today. The National Cancer Control Strategy noted that cancer research is an essential component in the development, implementation and evaluation of a National Cancer Control Programme. The Health Research Board (HRB) is the lead agency in Ireland supporting and funding health research and is the main channel of public funding for research at national level. It provides substantial amounts of funding for research into cancer.
Over the last five years, the HRB has advised that it has provided €20m for projects, programmes and fellowships in cancer research, including applied biomedical research, translation and clinical research, health services research and population health. It is not possible, however, to identify exact funding for specific types of cancer. In addition, funding of almost €19m is being made available for the All Ireland Cooperative Oncology Research Group (ICORG) clinical trials from 2008-2012, also through the HRB. Breast cancer studies account for 44% of the total ICORG study portfolio. Genitourinary (including prostate and cervical cancer) accounted for a further 15% of the portfolio, gastrointestinal 13% and lung 10%. The ICORG clinical trials are part of the activities under the Ireland-Northern Ireland-National Cancer Institute Cancer Consortium, which aim to reduce the incidence and mortality rate for cancer on the island of Ireland.
The HRB has also advised that it has invested €34m towards the development of clinical research facilities in major teaching hospitals, which provide the physical space and the expertise to carry out excellent clinical research in a safe and compliant environment. In addition to the funding provided by the HRB, health research projects are also funded by voluntary bodies including the Irish Cancer Society and others.
324. Deputy John O’Mahony asked the Minister for Health and Children, further to Parliamentary Question No. 142 of 12 May 2011, when the information requested will be provided; and if he will make a statement on the matter. [13439/11]
Minister for Health and Children (Deputy James Reilly): I have been informed by the HSE that the information sought is being collated at present. The HSE anticipates being in a position to provide it to the Deputy shortly.
325. Deputy Charlie McConalogue asked the Minister for Health and Children the number of persons on waiting lists for methadone treatment programmes; and if he will provide a breakdown on a county basis. [7989/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
326. Deputy John McGuinness asked the Minister for Health and Children if an application for a medical card will be expedited in respect of a person (details supplied) in County Kilkenny. [13466/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
[860]327. Deputy Joan Collins asked the Minister for Health and Children if the Health Service Executive has received an application for a renewal of a medical card in respect of a person (details supplied). [13485/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
328. Deputy Simon Harris asked the Minister for Health and Children if he will give urgent reconsideration to the refusal to cover costs, already incurred, in connection with travel overseas by a person (details supplied) for medical treatment, these costs having been previously approved; and if he will make a statement on the matter. [13490/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
329. Deputy Simon Harris asked the Minister for Health and Children if his attention has been drawn to the removal of a drug (details supplied) from the Health Service Executive’s drugs payment scheme and the negative effect that this decision is having on many patients nationwide; and if he will make a statement on the matter. [13518/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The medicinal product mentioned by the Deputy is not a licensed product and therefore is not eligible for reimbursement under the GMS or community drugs schemes. Neither the HSE nor the Department of Health and Children has a role in whether a company applies to the Irish Medicines Board to obtain such a licence.
330. Deputy Billy Timmins asked the Minister for Health and Children the position regarding services for children and adolescents with type 1 diabetes (details supplied). [13520/11]
Minister for Health and Children (Deputy James Reilly): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
Question No. 331 answered with Question No. 302.
Question No. 332 answered with Question No. 311.
333. Deputy Derek Nolan asked the Minister for Health and Children if his attention has been drawn to long waiting lists and a minimum nine month wait to receive an MRI scan in Galway; if his further attention has been drawn to the fact that this waiting time can be in addition to a nine month wait to see a consultant before an MRI scan is ordered; the way waiting times for MRI scans in Galway compare to those of other cities and counties; if he is reviewing this situation or if he is prepared to outline plans to clear the backlog; and if he will make a statement on the matter. [13538/11]
[861]Minister for Health and Children (Deputy James Reilly): MRI requests are prioritised on the basis of clinical need. This priority is decided by Galway University Hospital based on the clinical details provided by the referring clinicians. In the last year, the radiology department at GUH introduced several initiatives to address waiting list problems. The hospital extended its hours of service from 9-5 to 8-5 and now remains open throughout lunch hour. This has increased patient throughput and reduced the wait time from 15 months to 8 months. The overall number of patients waiting for a scan has now reduced from 1115 to 273. GUH also received approval to outsource under the National Treatment Purchase Fund, where patients who are waiting longest are outsourced first and, to date this year, a total of 60 patients have been outsourced.
I realise that the number of patients still waiting on an MRI scan is unacceptable. As Minister for Health, I am determined to address the issues which cause delays in patients receiving treatment in our hospitals. The Government is committed to establishing a Special Delivery Unit (SDU) to improve access to the emergency and elective care system. The SDU is a Government priority and is one of the commitments from the Programme for Government 2011-2016 to be achieved within the first 100 days. Extensive work is currently being undertaken in designing the Unit, which will be modelled, in part, on the successful special delivery unit in Northern Ireland which substantially reduced waiting lists over two to three years.
334. Deputy Clare Daly asked the Minister for Health and Children if his attention has been drawn to the fact that the recent national consultation process with children and young persons for the national children’s strategy 2012 to 2017 has been carried out without parental consent; and the way parental consent was circumvented in this case. [13558/11]
Minister for Health and Children (Deputy James Reilly): The consultation with children and young people for the new National Children’s Strategy was carried out in April 2011. The consultation was undertaken in a systematic way in order to ensure that as many children as possible could take part. The purpose of the consultation is to provide a mechanism through which children and young people can give their opinion on what it is like to be a child and young person in Ireland today; this asserts their right to have a voice in matters that affect them. The process and purpose are very clearly outlined in all materials as a consultation and not as research. Both the Office of the Minister for Children and Youth Affairs and the team contracted from Trinity College to conduct and analyse this consultation are satisfied that all appropriate procedures were followed throughout the consultation process.
335. Deputy Finian McGrath asked the Minister for Health and Children the position regarding a medical card in respect of a person (details supplied) in Dublin 3. [13560/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
336. Deputy Finian McGrath asked the Minister for Health and Children the position regarding a medical card in respect of a person (details supplied) in Dublin 3. [13561/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
[862]337. Deputy Finian McGrath asked the Minister for Health and Children the position regarding a medical card in respect of a person (details supplied) in Dublin 3. [13562/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
338. Deputy Finian McGrath asked the Minister for Health and Children the position regarding a medical card in respect of a person (details supplied) in Dublin 3. [13563/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
339. Deputy Finian McGrath asked the Minister for Health and Children the position regarding a surgical procedure in respect of a person (details supplied) in Dublin 3. [13564/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.
340. Deputy Dara Murphy asked the Minister for Health and Children the position regarding an application for lottery funding in respect of a project (details supplied); and if he will make a statement on the matter. [13567/11]
Minister for Health and Children (Deputy James Reilly): My Department has received an application for funding from the 2011 National Lottery allocation from the organisation in question. This is one of a large number currently being assessed by my Department, and the Deputy will be informed of the outcome of the application as soon as a decision has been made.
341. Deputy Pat Deering asked the Minister for Health and Children when a person (details supplied) in County Carlow will receive their refund under the health repayment scheme. [13568/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.
342. Deputy Jack Wall asked the Minister for Health and Children the position regarding an appeal against a decision not to grant a full medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13573/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
343. Deputy Sean Fleming asked the Minister for Health and Children the waiting lists for [863]persons to receive an appointment for a MRI scan in the Mater Hospital, Dublin; his views on whether these delays are acceptable; the action he will take to ensure this matter is satisfactorily dealt with; and if he will make a statement on the matter. [13590/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.
344. Deputy Brian Stanley asked the Minister for Health and Children if his attention has been drawn to the reconfiguration of acute surgical services taking place at the three midlands hospitals, Portlaoise, Tullamore and Mullingar; if he will give assurances that acute surgical services will not be withdrawn from Portlaoise; and if he will make a statement on the matter. [13595/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.
345. Deputy Seán Kenny asked the Minister for Health and Children the number of filling stations and supermarkets that have been prosecuted for selling cigarettes to persons aged under 18 years for the years 2007, 2008, 2009, 2010 and to date in 2011; and the frequency with which premises are inspected to ensure they are in full compliance with legislation. [13607/11]
Minister for Health and Children (Deputy James Reilly): The Health Service Executive is responsible for enforcement of the tobacco legislation, including inspections and prosecutions taken as a result of non-compliance with the legislation. Accordingly, I have referred the matter to the HSE for direct reply.
346. Deputy Seán Kenny asked the Minister for Health and Children the number of persons on the waiting list for each medical specialist at Temple Street Children’s Hospital, Dublin 1; the average waiting time to see each medical specialist; and the steps being taken to tackle lengthy waiting lists. [13608/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.
347. Deputy Michael Healy-Rae asked the Minister for Health and Children the reason a medication (details supplied) is not available here; and if he will make a statement on the matter. [13610/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): Currently cannabis and cannabis based medicinal products such as Sativex are Schedule 1 controlled substances under the Misuse of Drugs Act 1977 and as such their manufacture, production, preparation, sale, supply, distribution and possession is unlawful except for the purposes of research.
Sativex has been authorised in the United Kingdom as an add-on treatment in Multiple Sclerosis. It has not been authorised for use in patients suffering from cancer. I am aware that claims have been made in respect of the possible health benefits of cannabis based medicinal [864]products such as Sativex for patients suffering from certain conditions such as Multiple Sclerosis. I am also aware that cannabis based medicinal products may be legally prescribed in other countries. However, as the law currently stands, the importation of these products to Ireland, even if legally obtained in another EU Member State, is prohibited. It is not possible for cannabis based medicinal products to be authorised for medicinal use or for prescription by a medical practitioner in Ireland.
As cannabis is the drug which is most abused in Ireland, I am reluctant to loosen the controls on its use. However, my Department is examining the issues associated with applying controls, similar to those that apply to other controlled drugs that can be misused, such as morphine and methadone, to cannabis-based medicinal products. Neither the product Sativex nor any other cannabis-based medicinal product are currently authorised as medicines in Ireland and consequently the efficacy, safety and quality of such products have not, as yet, been demonstrated.
348. Deputy Seán Kyne asked the Minister for Health and Children if he will report on the Health Service Executive proposals to reduce public health nursing hours on Inis Méain from 24 hours a day as they currently are to 9 a.m.-5 p.m. Monday to Friday; and his views on the importance of such round-the-clock services to island communities which are isolated from mainland health services. [13637/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
349. Deputy Tony McLoughlin asked the Minister for Health and Children if he will consider the re-organisation of the current treatment system for children and adolescents with diabetes so that intensive treatments can be accessed locally; and if he will consider the provision of such services for the Sligo, Leitrim, Donegal area in view of the current distance from treatment services for diabetes in Dublin. [13641/11]
Minister for Health and Children (Deputy James Reilly): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
350. Deputy Noel Coonan asked the Minister for Health and Children the diabetes paediatric services available to children living in north Tipperary and south Offaly; if his attention has been drawn to the fact that this service is insufficient to meet the needs of these children; if he will consider developing local services in the constituency; and if he will make a statement on the matter. [13645/11]
Minister for Health and Children (Deputy James Reilly): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
Question No. 351 answered with Question No. 311.
352. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of [865]long-stay public and private beds currently available for patients; the extent to which this number has fluctuated in the past five years; and if he will make a statement on the matter. [13658/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): There has been an increase in the total number of nursing home beds over the last five years. The Annual Survey of Long Stay Units published by the Department reports that in:
With the commencement of the registration and inspection of nursing homes under the Health Act 2007 (Registration of Designated Centres for Older People) Regulations on 1 July 2009 all existing nursing homes had to inform the Chief Inspector of Social Services (part of the Health Information and Quality Authority) of their existence within six months. By 31 December 2009 the Chief Inspector had received notification from 591 designated centres, (public and private) with a maximum capacity of 29,285 beds. In 2010 it is estimated that there was a total of approximately 30,000 beds in public and private nursing homes.
The latest available figures from the Health Service Executive indicate that on 31 March 2011 the total public capacity was 8,388 beds. This includes long-stay, respite, convalescence, palliative places and temporarily closed beds. While the numbers of beds given above are not directly comparable they do indicate an increasing trend in total bed numbers over the period. This is supported by Nursing Homes Ireland’s Annual Private Nursing Home Survey 2009/2010 which reports a 38% increase in the private nursing home bed supply since 2003.
353. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which school medical examinations have been carried out in all schools throughout the country over the past five years; if some schools have received less than the average number of examinations; and if he will make a statement on the matter. [13659/11]
Minister for Health and Children (Deputy James Reilly): The HSE has advised that data on the frequency and coverage of school medical examinations is not included in the core set of performance indicator data and will require a manual search by local Community Medical Services. The schedule and content of the examinations forms are outlined in the Best Health for Children programme.
Routine Medical examinations for school age children are not provided as they have not been found to be an effective use of scarce resources. The hearing and vision of children is tested, usually in junior or senior infants. The service is public health nurse led. In many schools a questionnaire is given to families about a child’s health, but practice and the content of the questionnaire vary from area to area.
New structures for overseeing the screening of children are in the process of being established within the HSE and will include a Head of Childhood Screening and Surveillance. This will result in a more standardised approach to these services across the country and facilitate the implementation of a more evidence based approach that builds on the work already undertaken under the Best Health for Children programme.
354. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which adequate staffing levels have been provided at all hospitals in the public sector throughout the country; the number of hospitals currently with less than the staff complements required to provide the full scale of services; the location of such hospitals; when he expects to be in a position to address any such issues; and if he will make a statement on the matter. [13660/11]
Minister for Health and Children (Deputy James Reilly): The National Service Plan 2011 commits the HSE, within the limits of its Voted allocation of €13.456bn, to delivering activity levels for 2011 which are broadly in line with 2010 levels. This is being facilitated by the continued pursuit of improved efficiency in the way acute hospital services are delivered. In particular, the focus is on reducing inpatient care activity levels through the provision of more appropriate service responses, delivering a shift to care on a day case basis where appropriate, and on performance improvements such as surgery on the day of admission and reducing inappropriate lengths of stay. Specific targets under these headings are included in the HSE’s 2011 National Service Plan.
In order to maintain tight control on the cost of providing public services while protecting front-line services as far as possible, the 2011-2014 Employment Control Framework for the health sector is designed to reduce the numbers of management and administrative staff and non-frontline staff employed. The Framework obliges the HSE to achieve specified annual reductions in numbers.
The Framework also allows the redeployment of staff from the Hospital and HSE Corporate settings to the Primary Community and Continuing Care settings, to facilitate the development of integrated health care. However in this context the Framework allows for the targeted growth of certain grades which are exempt from the moratorium on recruitment (including Medical Consultants, Physiotherapists and Advanced Nurse Practitioner/Clinical Nurse Specialists). It also provides for the filling of non-exempted posts on exceptional grounds in order to maintain essential services and to meet priority service change/reorganisation requirements.
355. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which the full range of services planned at each public hospital throughout the country have been put in place to date; the extent of outstanding provisions in this regard; and if he will make a statement on the matter. [13661/11]
Minister for Health and Children (Deputy James Reilly): My predecessor approved the HSE National Service Plan 2011 on 21 December 2010 and in approving the Plan, highlighted to the HSE the need to maintain services as well as operating within the limits of its Voted allocation of €13.456bn, a net reduction of €683m on the 2010 provision. The HSE National Service Plan commits the HSE to delivering activity levels for 2011 which are broadly in line with 2010 levels. The HSE have assured my Department of their delivery of services in line with their Service Plan 2011.
356. Deputy Bernard J. Durkan asked the Minister for Health and Children his plans in respect of the future of St. Luke’s Hospital, Dublin having particular regard to the strongly expressed views of patients and friends who have come to rely heavily on the hospital’s services over the years and which have been proven to be highly satisfactory; and if he will make a statement on the matter. [13662/11]
[867]Minister for Health and Children (Deputy James Reilly): St. Luke’s Hospital, which provides radiation oncology services, was subsumed into the Health Service Executive under the Health (Miscellaneous Provisions) Act 2010 (No. 18 of 2010). Radiation oncology services will continue at St. Luke’s until at least 2015, when further radiation oncology capacity will be available at Beaumont and St. James’s Hospitals, two of the designated cancer centres. This decision is based on expert advice and is designed to ensure that radiation oncology is integrated with all other aspects of cancer care, including surgery and medical oncology. It is also in line with best international practice.
The existing radiotherapy centre at St. Luke’s, plus the new centres at Beaumont and St. James’s Hospitals, have together become the St. Luke’s Radiation Oncology Network with some staff and resources now transferred from St. Luke’s to the new centres. The first patients were seen at Beaumont on 28 March, while St. James’s began seeing patients on 11 April. The new centres have four linear accelerators (linacs) each. While the number of linacs in St. Luke’s will be reduced as patient numbers transfer to the new centres, the development of the St. Luke’s Network means an overall increase of 50% in radiation oncology capacity over what had previously been available in St. Luke’s. The NCCP advises that other benefits for patients include the fact that patients who require to be in an acute hospital can now have their radiotherapy on site without having to travel to St. Luke’s, while patients can now start treatment significantly quicker than before and in line with the best standards available internationally.
In relation to the future use of the St. Luke’s site I can confirm that the Health (Miscellaneous Provisions) Act 2010 provides for the future use of the site as a health facility and states that the HSE may not sell or dispose of St. Luke’s or any land on the site, without my consent.
357. Deputy Bernard J. Durkan asked the Minister for Health and Children the full extent of the developments and-or discussions to date on the issue of the location of the proposed new children’s hospital; if his attention has been drawn to the strongly held views that the hospital should be located on an accessible site large enough to meet current and future needs and within a reasonable travel time; and if he will make a statement on the matter. [13663/11]
358. Deputy Bernard J. Durkan asked the Minister for Health and Children if his attention has been drawn to the strong opposition to the location of the new children’s hospital at the Mater Hospital site in Dublin; the degree to which it is intended to address such concerns in the near future; and if he will make a statement on the matter. [13664/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 357 and 358 together.
Decisions relating to the location of The New Children’s Hospital Project will be taken based on the outcome of the Review which I recently initiated and which will be completed within the next few weeks. In all consideration of matters relating to this Project it is my intention to ensure the best possible clinical outcomes for children within the resources available.
359. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of hospitals currently providing neurological paediatric services; if the facilities for such treatments are only available in such hospitals; the alternative, if any; and if he will make a statement on the matter. [13665/11]
[868]Minister for Health and Children (Deputy James Reilly): My Department has asked the HSE to furnish the information concerned to the Department and I will communicate further with the Deputy as soon as it is to hand.
360. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of public hospital beds available in each of the years 1989, 1999, 2009 and to date in 2011; the number of private hospital beds available in the same period; and if he will make a statement on the matter. [13666/11]
Minister for Health and Children (Deputy James Reilly): The national average number of acute hospital beds available in public hospitals for the years 1999 and 2009 broken down by public, private and non-designated is set out in the following table as requested by the Deputy. Acute bed numbers in public hospitals are counted as an average of beds available over each year, given that the number of beds available in each hospital can vary over any year for operational reasons. This data comprises in-patient beds and day places and includes acute psychiatric beds.
It is not possible to provide equivalent data for 1989. However data on the total national acute bed complement for 1989 is included in the table. As the methodology used to calculate acute bed complement data is different to that used for the calculation of average available beds the 1989 data is not directly comparable and needs to be viewed with this caveat in mind.
The latest year in respect of which validated national data on average available acute hospital beds has been compiled by the HSE is 2009. However, the HSE has furnished data on public, private and non-designated acute hospital beds available in public hospitals in respect of June 2010. This data, broken down by public, private and non-designated is also contained in the table. While these figures do not represent full-year validated data they provide a useful benchmark for comparison with the other data. The HSE is currently in the process of validating the full year national average available acute bed data for 2010.
The emphasis for the HSE in 2011 continues to be to make the most effective use of acute bed capacity through shorter length of stay, increased rates of day-of-surgery admission and more day surgery. In this way the acute hospital system can ensure that, within the level of resources available, it facilitates the maximum number of patients with safe, effective and efficient care.
| Year | Public | Private | Non-Designated | Total |
|---|---|---|---|---|
| 1989* | — | — | — | 11,766 |
| 1999 | 8,456 | 2,386 | 889 | 11,730 |
| 2009 | 9,742 | 2,432 | 1,136 | 13,310 |
| 2010** | 9,586 | 2,383 | 1,066 | 13,035 |
Finally while the number of acute beds in private hospitals at any time is not collected or verified by my Department or by the HSE, I understand that in 2009 there were approximately 2,300 in-patient beds and 450 day beds in private hospitals which are members of the Irish Business and Employers’ Confederation.
361. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the current average length of time for the processing of long-term illness scheme applications. [13669/11]
[869]Minister of State at the Department of Health and Children (Deputy Róisín Shortall): Applications for the Long-Term Illness Scheme are processed by Local Health Offices. The average time for processing an application is one to two weeks.
362. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the current average length of time for the processing of applications for exceptional medical cards, that is, medical cards for children with disabilities whose parents do not satisfy the standard means test. [13670/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
363. Deputy Pat Deering asked the Minister for Health and Children the criteria used for filling vacant beds in the District Hospital Carlow; and the person who decides who can occupy these beds, bearing in mind that for most of the year occupancy is only at approximately half its capacity. [13716/11]
Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.
364. Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13719/11]
Minister of State at the Department of Health and Children (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
365. Deputy Liam Twomey asked the Minister for Transport, Tourism and Sport his plans to provide an emergency tow vessel in the south east to ensure the environment can be protected in case of accident at sea; and if he will make a statement on the matter. [13313/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): My Department has been pursuing efforts to develop, enhance and improve Ireland’s marine pollution prevention, preparedness and response capability from within existing and available resources and funds. On foot of the Programme for Government, there will be a review of the risk posed by international shipping of oil and hazardous substance pollution and an assessment of what steps can be taken for the provision of an emergency towing capacity for the Coast Guard should a ship casualty threaten our coastline.
366. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his plans to provide funding for footpaths in the town council area as has been provided for the past number of years. [13435/11]
[870]Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority.
Earlier this year the 2011 Regional and Local Road Grant Allocations were announced with a total of €375,176,000 being provided to local authorities for the improvement and maintenance of regional and local roads. While no separate allocation for footpath repairs was made in 2011 (the 2010 provision for such works was €4.1 million) the Discretionary Grant made available to county councils for 2011 was increased by €4.2 million to €55.2 million. This simplified the number of grants and at the same time gave local authorities increased discretion in prioritising repair/rehabilitation works which were to be carried out on roads and on footpaths within their functional areas. More recently I have allocated an additional €60 million to county councils under the restoration improvement programme which will allow these councils to undertake addition strengthening/rehabilitation works on regional and local roads in the current year.
367. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if gardaí have the power to issue on-the-spot penalties for breaches of the taxi regulations under section 49 of the 2003 Taxi Regulation Act; and if he will make a statement on the matter. [13260/11]
Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): Under Section 49 of the Taxi Regulation Act 2003 Members of An Garda Síochána are authorised persons for the purpose of enforcement of the 2003 Act. A range of fixed charge offences, which can be issued by authorised persons under Section 46 of the 2003 Act, is set out in the Taxi Regulation Act 2003 (Fixed Charge Offences) Regulations 2007 (S.I. No. 722 of 2007). In practice only the enforcement officers of the NTA issue fixed charge notices under these legal provisions.
Section 34 of the Road Traffic Act 2010, which will be commenced in the near future, enables the streamlining of procedures for prosecution of fixed charges offences by the Gardaí in cases of non-compliance with Regulations made under sections 34 and 39 of the Taxi Regulation Act 2003. In consultation with the Minister for Justice and Equality, Regulations will also be made shortly under section 34 of the Road Traffic Act 2010, to declare such cases as fixed charge offences.
368. Deputy Peter Mathews asked the Minister for Transport, Tourism and Sport his plans to amend regulation of the national car test and the regulation of the taxi industry in view of the recent programme on RTÉ television; and if he will make a statement on the matter. [13306/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the delivery of the National Car Test. The RSA has overall responsibility for the operation, oversight, development, quality assurance and delivery of vehicle testing arrangements. The testing function is carried out by Applus, since January 2010, under a contractual arrangement with the RSA. The Authority exercises a supervisory role to ensure the service is provided in line with the Project Agreement. The RSA, in conjunction with its Supervisory Services Contractor, continuously monitors a comprehensive package of [871]measures aimed at ensuring the integrity and consistency of testing within the National Car Test (NCT).
The RSA has met with Applus and the Garda Síochána to deal with the issues and corrupt activities highlighted by the recent Prime Time programme and to identify the appropriate action to be taken. The RSA has informed my Department that Applus has undertaken an internal investigation and the 7 vehicle inspectors who were identified as a result of the programme and internal analysis were suspended, 3 have now been dismissed. A review of the regulation of the taxi sector will be undertaken in line with the commitment in the Programme for Government. The Terms of Reference of the review will be announced shortly and it will ensure that the views of both the taxi sector as well as the interest of consumers can be addressed.
369. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport his views on whether a breach of contract occurred during Easter week 2011, when the National Transport Authority allowed Dublin Bus to raise its passenger fares with four days’ notice when the contract with CIE states that five days’ notice should be given; and if he will make a statement on the matter. [13376/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As the issue raised is a matter for the National Transport Authority, I have referred the Deputy’s question to the Authority for direct reply. Please advise my private office if you do not receive a reply within ten working days.
370. Deputy Billy Kelleher asked the Minister for Transport, Tourism and Sport the names of the special advisers appointed to his office since 9 March 2011; their specific role; and the level of salary they will be earning. [13396/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The names of the Special Advisers, their role and date of appointment is set out in Table 1. The appointments are in keeping with Department of Finance Guidelines on the staffing of Ministerial Offices.
Salary levels for Mr. Miller and Mr. Murphy are in accordance with rates approved by the Department of Public Expenditure and Reform.
371. Deputy John Lyons asked the Minister for Transport, Tourism and Sport in view of the concerns regarding increased obesity rates in young persons in particular, his plans to increase participation in sport and physical activity over the coming years; and if he will make a statement on the matter. [13565/11]
[872]Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): The matter raised is an operational one for the Irish Sports Council. I have referred the Deputy’s Question to the agency for direct reply. Please advise my private office if you do not receive a reply within ten working days.
372. Deputy John Lyons asked the Minister for Transport, Tourism and Sport his plans regarding the successful local sports partnerships; his views that they and other current spending options should be prioritised to increase participation in sport and physical activity; and if he will make a statement on the matter. [13566/11]
Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): The matter raised is an operational one for the Irish Sports Council. I have referred the Deputy’s Question to the agency for direct reply. Please advise my private office if you do not receive a reply within ten working days.
373. Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the number of private cars that used toll roads on the national roads network in 2010; and the way the number compares with the previous three years. [13600/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The implementation of individual national road schemes is a matter for the National Roads Authority (NRA) under the Roads Acts 1993-2007, in conjunction with the local authorities concerned.
In particular, the statutory power to levy tolls on national roads, to make toll by-laws and to enter into toll agreements with private investors in respect of national roads is vested in the NRA under Part V of the Roads Act (as amended by the Planning and Development Act 2000 and the Roads Act 2007). Noting this, I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.
374. Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the number of persons on the waiting list for skills courses with Fáilte Ireland in each training centre in Dublin; and the average waiting time for each list. [13601/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational one for Fáilte Ireland. I have referred the Deputy’s Question to the agency for direct reply. Please advise my private office if you do not receive a reply within ten working days.
375. Deputy Sandra McLellan asked the Minister for Transport, Tourism and Sport his plans to stimulate genealogical tourism. [11436/11]
Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): The matters raised are operational matters for Fáilte Ireland and Tourism Ireland. I have referred the Deputy’s Question to the agencies for direct reply. Please advise my private office if you do not receive a reply within ten working days.
[873]376. Deputy Sandra McLellan asked the Minister for Transport, Tourism and Sport if he will work with Fáilte Ireland to develop niche tourism packages for the cultural institutions on this island. [11437/11]
Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): The matters raised are operational matters for Fáilte Ireland. I have referred the Deputy’s Question to the agency for direct reply. Please advise my private office if you do not receive a reply within ten working days.
377. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport if he intends to invite new applications under the capital grant programme; if so, when this might occur; the amount of funding likely to be available in 2011; the value of schemes which have commenced and are likely to draw down funding in 2011; if this source of funding is ring-fenced; and if he will make a statement on the matter. [10611/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Under the terms of the Sport Capital Programme, grants are allocated to sporting organisations towards the provision of new facilities, the renovation/extension of existing facilities or the purchase of non-personal sports equipment. Since 1998, almost €740 million has been allocated to over 7,400 projects nationwide. No decision has been made on the timing of the next round of the Sports Capital Programme. While no new call for applications for funding have been made since 2008, a provision of €33m has been provided in this year’s Estimates to cover the payment of grants previously allocated.
378. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the extent of funding estimated by the National Roads Authority and the local authorities as being required to keep the national, regional and local roads in a reasonable state of repair, following the previous two severe winters; the amount that will be provided by him; the amount available from their own resources; the way the shortfall will be met; and if he will make a statement on the matter. [13597/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual national roads are matters for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Noting the above position, I have referred the Deputy’s question in relation to national roads to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days. As regards regional and local roads, the improvement and maintenance of those roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority.
In February this year, a total of €375.176 million was allocated to local authorities for regional and local roads. Earlier this month, I made an additional allocation of €60 million to County Councils under the Restoration Improvement Programme bringing the total allocation under the Regional and Local Roads Investment Programme up to €435.176 million. In addition, local authorities estimate that they will spend €186.7 million of monies from own resources on roads in 2011.
379. Deputy Michael Colreavy asked the Minister for Transport, Tourism and Sport if he will reconsider his decision on the RNLI man overboard guardian system and assist vessels and individual crew members to receive alerts. [12609/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Department of Transport, Tourism and Sport has implemented, in consultation with the fishing industry, a comprehensive safety regime for all fishing vessels. The safety standards applied are in line with International good practice. Specifically, the regime requires all fishing vessels to carry an Emergency Position Indicating Radio Beacon in compliance with International standards, in order to notify the Coast Guard of a distress situation and activate an emergency response.
Should a notification be received from a commercial supplier of a “man overboard” system that an event has taken place, the Coast Guard will of course respond. However, I understand that information from the RNLI’s “man overboard” Guardian system will not be supplied directly to the Irish Coast Guard but will instead be relayed by the commercial provider directly to the RNLI Headquarters in the UK and then forwarded to the Irish Authorities. Such an indirect emergency communications link is not considered optimal.
The Department has had discussions with the RNLI regarding their “man overboard” system, which they developed in conjunction with two commercial providers. Internationally, concerns have been expressed about such systems as there is no recognised standard. In accordance with international recommendations, the Department has issued a Marine Notice advising of the issues associated with such systems. The Department is unable to approve any such systems in the absence of a recognised standard, nor can the Department recommend any one supplier over another. The Department has no objection in principle to the voluntary carriage of such equipment so long as fishing vessels carry all of the legally required statutory equipment and the safety of vessels is not compromised.
380. Deputy Joan Collins asked the Minister for Transport, Tourism and Sport if the €15 million allocated in the jobs initiative May 2011 for local sustainable transport projects is to be used to finance the pre-existing smarter travel project or if it is for new projects and when the announcement of the next phase of smarter travel will be made. [13512/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The €15 million allocated as part of the Government’s jobs initiative is a separate programme from the capital budget being considered for the implementation of the Smarter Travel Areas programme. The €15 million will go into labour-intensive traffic management and smarter travel projects to create safer road junctions, better footpaths, improved bus networks and rail stations and support new cycle schemes. Both the National Transport Authority and the National Sustainable Travel Office will be involved in overseeing the funding of projects from the jobs initiative programme.
The future of the Smarter Travel Areas Programme is currently under active consideration in the context of the available budget for 2011 and the National Recovery Plan. This programme is one which I believe has considerable merit. While the scale originally envisaged for the scheme is no longer possible given the current fiscal situation, there may be some scope to proceed with a scaled back scheme. The local authorities involved will be notified of the outcome in due course.
