Vol. 680 Thursday, No. 2 9 April 2009

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Thursday, 9 April 2009.

Requests to move Adjournment of Da´il under Standing Order 32 ……………… 185 Order of Business ……………………………… 186 Residential Tenancies (Amendment) (No. 2) Bill 2009: First Stage ……………… 203 Business of Da´il……………………………… 203 Private Members’ Business Cystic Fibrosis: Motion …………………………… 203 Adjournment Debate Matters …………………………… 244 Horse and Greyhound Racing Fund Regulations 2009: Motion ……………… 244 Financial Resolutions 2009 Financial Resolution No. 11: General (resumed) ………………… 256 Adjournment Debate Matters …………………………… 271 Adjournment Debate Hospital Services ……………………………… 271 Rural Environment Protection Scheme ……………………… 273 Labour Court Decision Implementation ……………………… 277 Schools Building Projects …………………………… 280 Questions: Written Answers …………………………… 283 DA´ IL E´ IREANN

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De´ardaoin, 9 Aibrea´n 2009. Thursday, 9 April 2009.

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Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m.

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Paidir. Prayer.

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Requests to move Adjournment of Da´il under Standing Order 32. An Ceann Comhairle: Anois, iarratais chun tairisceana a dhe´anamh an Da´il a chur ar athlo´ faoi Bhuan Ordu´ 32. I call Deputy Bannon.

Deputy James Bannon: I thank the Ceann Comhairle.

(Interruptions).

Deputy Pa´draic McCormack: He is back.

Deputy James Bannon: Am I going to have ciu´ nas?

An Ceann Comhairle: No chorus.

Deputy Pa´draic McCormack: Give him a chance.

Deputy James Bannon: The Government side has a new lease of life after the other day, but I do not think it will last for very long.

Deputy John Cregan: The Deputy is the centre of attention.

Deputy Pa´draic McCormack: Give him a chance. He is only young. He is only starting.

Deputy James Bannon: I wish to seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the threat to health care in this country from the embargo on recruiting frontline medical staff to the health system, which will have a devastating effect on the provision of emergency services, in-hospital care, surgical procedures, the care of the elderly and the disabled, public dental services and the mortality rates of vulner- able and at-risk patients.

Deputy Finian McGrath: Hear, hear.

Deputy James Bannon: The threat to such services is indicative of the mismanagement of the Department of Health and Children and the Health Service Executive, which are retaining top-heavy managerial and administrative positions and reducing the number of essential health care workers, to the detriment of the health of this nation. 185 Order of 9 April 2009. Business

Deputies: Hear, hear.

Deputy Pa´draic McCormack: I could not have said it better myself.

Deputy Dermot Ahern: He did not say it himself.

Deputy Bernard J. Durkan: They are getting anxious over there. They will be more anxious shortly.

Deputy Mary Harney: I wish Deputy Bannon a happy Easter.

Deputy James Bannon: I am glad the Minister is here to listen to me.

Deputy Finian McGrath: I wish to seek the adjournment of the Da´il under Standing Order 32 to discuss an issue of national importance and concern. While I welcome the recent progress that has been made with the proposed cystic fibrosis unit at St. Vincent’s Hospital——

Deputies: Hear, hear.

Deputy Finian McGrath: ——I ask the Minister for Health and Children to give a guarantee that 34 inpatient single en suite beds and a separate day care cystic fibrosis unit will be provided at the 120-bed development at the hospital. I call on all Members of the Oireachtas to support the development of a 34-bed national centre for cystic fibrosis patients.

Deputy Emmet Stagg: It will cost more than the first unit would have cost.

Deputy Johnny Brady: We need a unit for the Deputy.

Deputy Bernard J. Durkan: Take it easy, Johnny.

Deputy Thomas P. Broughan: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of local and national importance, namely, the need for the Minister for Trans- port to ensure that vital Bus and Bus E´ ireann fleets and services are fully maintained and protected; to abandon the appalling programmes of bus cutbacks, which were apparently confirmed last night or this morning, in light of the critical role of buses for urban and rural communities across Ireland; to report to the Da´il, as a matter of urgency, on the steps he and his colleagues are taking to address the serious industrial relations difficulties at Dublin Bus and Bus E´ ireann; and to use all of the State’s industrial relations mechanisms to avoid a disrup- tion to bus services from this weekend. If the Ceann Comhairle does not agree to this request, perhaps he will allow me to ask a Private Notice Question on the same subject later today.

An Ceann Comhairle: Tar e´is breithnithe a dhe´anamh ar na nithe ardaithe, nı´l siad in ord faoi Bhuan Ordu´ 32. Having considered the matters raised, I do not consider them to be in order under Standing Order 32.

Order of Business. The Ta´naiste: It is proposed to take No. 9, motion re proposed approval by Da´il E´ ireann of the Horse and Greyhound Racing Fund Regulations 2009; and No. 12, Financial Motions by the Minister for Finance, 2008, motion 11 (resumed). It is proposed, notwithstanding anything in Standing Orders, that (1) the proceedings on No. 9 shall, if not previously concluded, be brought to a conclusion after one hour and the following arrangements shall apply: the speech of a Minister or Minister of State and of the main spokespersons for the Party and the Labour Party, who shall be called upon in that order, shall not exceed ten minutes in each 186 Order of 9 April 2009. Business case; the speech of each other Member called upon shall not exceed ten minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply, which shall not exceed five minutes; and (2) the Da´il on its rising today shall adjourn until 2.30 p.m. on Wednesday, 22 April 2009. Private Members’ business shall be No. 54, motion re cystic fibrosis, to be taken after the Order of Business and to conclude after three hours, if not previously concluded.

An Ceann Comhairle: There are two proposals to put to the House. Is the proposal for dealing with No. 9, motion re proposed approval by Da´il E´ ireann of the Horse and Greyhound Racing Fund Regulations 2009, agreed? Agreed. Is the proposal that the Da´il on its rising today shall adjourn until 2.30 p.m. on Wednesday, 22 April 2009, agreed? Agreed.

Deputy Alan Shatter: When will the Bill establishing the proposed national asset manage- ment agency be published? How far in advance of the Second Stage debate on that legislation will it be made available to Members of this House? Within what timeframe does the Govern- ment envisage the legislation will be enacted? In the interim, will the Government publish a briefing paper for the benefit of Deputies, detailing the mechanism it intends to use to deter- mine the values of the asset-backed loans that will be the subject of this Bill? We need to ensure the taxpayer will be protected. We need to factor into those values the risk that is to be borne by the taxpayer. Will the Bill, or other legislation, be enacted to ensure the agency is accountable to a commit- tee of the Houses of the Oireachtas? Will there be a degree of transparency in its workings so that Members of the House and the public alike might be made aware of the value of the loan book they have acquired when it is taken from the banks? We must know what steps will be taken to recover borrowings from debtors and realise assets and to ensure that the agency is immune from any influence that any person might attempt to impose on it in order to do favours for the friends of Fianna Fa´il and to release them from borrowings that should never have been made available to them in the first place.

Deputy Martin Cullen: That is a bloody disgrace.

Deputy Timmy Dooley: The Deputy should apologise.

Deputy Alan Shatter: The Government is responsible for the mess we are in and should take that responsibility. It is time it apologised for what it has inflicted on the country, before the House goes into recess.

An Ceann Comhairle: Hold on please, Deputy Shatter. We were going wonderfully well there for a while, too well. I want you to confine yourself, as you were doing, to the Standing Orders——

Deputy Paul Kehoe: It is that crowd over there.

An Ceann Comhairle: Deputy Shatter should ignore all else.

Deputy Paul Kehoe: How can one ignore them?

Deputy James Bannon: It is impossible to ignore them.

Deputy Alan Shatter: With regard to the Bill——

An Ceann Comhairle: Deputy Shatter can ask about the Bill but may not discuss its contents. 187 Order of 9 April 2009. Business

Deputy Alan Shatter: I do not wish to discuss the contents but with regard to the Bill, and to having Members of the House fully informed on issues of importance in its regard, will the Minister make available to Members on this side of the House any legal advice available to the Government concerning the approximate \30 billion borrowings in respect of assets outside the State? Will we be informed about any difficulty this agency might encounter in taking ownership or possession of the assets that are secured against these borrowings and realising those assets? That is a particularly important issue. With regard to bailing out the banks, which is what this legislation is intended to do, does the Government intend, either within it, or in a separate Bill, to introduce legislation to compel the banks to facilitate the many thousands of people who acquired property in this State at the height of the property boom between 2004 and 2007? They are now imprisoned on fixed interest mortgages and the banks will not allow them switch to variable rates without paying exorbitant penalties.

Deputies: Hear, hear.

Deputy Alan Shatter: These are the people who have suffered a quadruple whammy. They are suffering negative equity and are paying more interest than anybody else——

An Ceann Comhairle: We cannot have speeches on this now.

Deputy Alan Shatter: ——on their borrowings.

An Ceann Comhairle: The Deputy should speak on the legislation.

Deputy Alan Shatter: They now find themselves——

An Ceann Comhairle: I cannot have speeches now. On the legislation.

Deputy Alan Shatter: ——with banks that will not release them from these arrangements and they are the people——

An Ceann Comhairle: On the legislation.

Deputy Alan Shatter: Many thousands of couples are particularly hit by the budget measures——-

An Ceann Comhairle: On the legislation. Deputy Shatter, you have had a good innings now.

Deputy Alan Shatter: ——this Government brought to this House——

An Ceann Comhairle: On the legislation.

Deputy Alan Shatter: ——last Tuesday.

The Ta´naiste: Concerning the legislation, the approach adopted by the Government is in the best interests of the Irish economy and the financial system in the long run. Contrary to what Deputy Shatter said, it is not a bail out of the banks.

Deputy Seymour Crawford: Of the builders.

Deputy Joe Costello: This is the third bail out.

The Ta´naiste: That is exemplified by the fact that the Stock Market’s reaction this morning is such that shares in the banks have fallen. 188 Order of 9 April 2009. Business

Deputy Bernard J. Durkan: That is because of the activities of the past few days.

The Ta´naiste: The legislation will be drawn up in the coming weeks. We will provide as much time as is humanly possible in order that people may participate in the debate. Our expectation is that it will be passed by the end of the summer session. Concerning the estimated costs and evaluations, this will be a function of the national asset management agency, NAMA, not of the House. Moreover, as Deputy Shatter will be acutely aware, as an eminent legal practitioner, the legal advice available to the Government is privi- leged to the Government.

Deputy Alan Shatter: I will speak briefly, if I may, on that point.

An Ceann Comhairle: Very briefly.

Deputy Alan Shatter: In advance of the publication of the legislation, will the Minister make available to this House information about the mechanisms that will be deployed to ensure taxpayers in this country are not ripped off by the arrangements implemented with the banks? In circumstances in which the banks are resistant to implementing these arrangements, what mechanisms will the Government use to implement what is intended, other than nationalising the banks or taking a controlling interest in them?

An Ceann Comhairle: Briefly.

Deputy Alan Shatter: These are serious issues. I have been in this House——

An Ceann Comhairle: I know very well they are serious issues.

Deputy Noel Dempsey: The Deputy is totally out of order.

Deputy Alan Shatter: As a Member of this House since the early 1980s, I have watched on two occasions how Fianna Fa´il-led Governments have destroyed the economy of this country.

An Ceann Comhairle: The Deputy is being provocative.

Deputy Alan Shatter: We are entitled to answers to these questions.

Deputies: Hear, hear.

An Ceann Comhairle: The Deputy is being provocative.

Deputy Alan Shatter: This House is——

An Ceann Comhairle: Ta´naiste, on the question of whether there will be a White Paper——

Deputy Alan Shatter: I have had enough of this Government and its toxic——

(Interruptions).

The Ta´naiste: On the issue of the practicalities——

Deputy Dermot Ahern: We are still paying for the Insurance Corporation.

(Interruptions).

An Ceann Comhairle: In order to avoid further provocation, will the Ta´naiste indicate whether there will be a White Paper? 189 Order of 9 April 2009. Business

The Ta´naiste: No White Paper is promised——

Deputy Dermot Ahern: No provocation should be allowed.

The Ta´naiste: The Minister for Finance will, as always, take the opportunity to brief the Opposition spokespersons on this matter and I am sure clarity can be given to them concerning the legislation that will come before the House.

An Ceann Comhairle: Provocation is not allowed on the Order of Business as the Deputy is well aware.

Deputy Joan Burton: I have queries concerning the timetable for the Finance Bill and the proposal to have legislation to establish a banking commission. This was proposed in the first place by the Labour Party and we are glad Fianna Fa´il took it up. I am not clear what the timetable is for the NAMA legislation. Many people are calling the NAMA proposal, the “banana” proposal.

A Deputy: The “llama” proposal.

Deputy Joan Burton: It seems to involve such a grave hit to the taxpayer. Stockbrokers around Dublin currently use a very quaint phrase, which, as a woman Deputy, I find appealing. When there is a write-down by a developer or a bank on a loan they describe this as taking a haircut. The Ta´naiste and I know all about the cost of this because it is a really important issue for many women.

Deputy Bernard J. Durkan: For men, too.

Deputy James Bannon: We have a bit as well.

Deputy Sea´n Power: Do not keep us in suspense, Joan.

Deputy Joan Burton: Can the Ta´naiste tell us which kind of haircut the taxpayer will be asked to take? We want to know. Is it a recession haircut that will leave us scalped——

(Interruptions).

Deputy Joan Burton: ——or will it be a light trim for developers? Already, one of the brokering firms——

An Ceann Comhairle: Deputy Burton, you will have to discuss that with your hairdresser. I am not allowing it now.

(Interruptions).

Deputy Joan Burton: ——is talking of 17.5%. I ask the Ta´naiste——

An Ceann Comhairle: I am not allowing it.

Deputy Joan Burton: I wish to support what Deputy Shatter said. With regard to the inter- view this morning with Dr. Bacon——

A Deputy: Do not mind Dr. Bacon.

An Ceann Comhairle: Which interview was that? Please ask questions that are in order, Deputy Burton. 190 Order of 9 April 2009. Business

Deputy Joan Burton: The point is that Dr. Bacon——

An Ceann Comhairle: I must move on.

Deputy Joan Burton: This morning Dr. Bacon gave an interview on RTE radio. He said he was ruling out certain matters and ruling in certain others. He seemed to be somewhat ideologically blinkered.

An Ceann Comhairle: Deputy Burton, you must ask a question if it is in order.

Deputy Joan Burton: Is the Government now putting all its eggs in the Bacon basket? That is another issue. Is Dr. Bacon calling the shots? We had Breakfast Roll Man at the last election. Now we have a Bacon roll served up to the electorate.

An Ceann Comhairle: That is enough for one morning. If the Deputy wants——

Deputy Joan Burton: Might we have some information from the Ta´naiste?

An Ceann Comhairle: I do not know.

Deputy Joan Burton: With no Greens on the side.

A Deputy: Deputy Burton should be up there.

The Ta´naiste: The Finance Bill will be introduced on 7 May. The banking commission legis- lation will come after Easter. The Attorney General is working to finalise that matter. The timetable for the NAMA legislation will be ongoing. The Attorney General and the Depart- ment of Finance and the relevant advisory people are putting this together at present. As I indicated in my previous response, we hope to bring this as quickly as possible before the House. Time will be made available for its consideration in the House with the expectation that the legislation will be passed by the end of the summer season.

Deputy Joan Burton: I have a follow-up question. We were given several pages of infor- mation about NAMA in respect of the supplementary budget. I do not know the provenance of that information because the National Treasury Management Agency does not appear to know about it. Annex H, which deals with institutions covered — this is a really important question for taxpayers — refers to those who are regarded by the Government as appropriate for inclusion. It does not confine it to the covered institutions. I understand why that may be. Many developers have complex financing deals involving seven or eight banks, including overseas banks——

An Ceann Comhairle: That is a matter for the Finance Bill.

Deputy Joan Burton: ——and banks not covered. The Ta´naiste needs to enlighten us.

An Ceann Comhairle: No, she does not.

Deputy Joan Burton: Within NAMA will we be covering bank loans for developments co- funded in this country?

An Ceann Comhairle: The Deputy will need to take that up when the legislation is being discussed because I cannot discuss it now, as she well knows.

Deputy Joan Burton: Will that not require—— 191 Order of 9 April 2009. Business

An Ceann Comhairle: We cannot discuss the contents of the legislation now.

Deputy Joan Burton: Will that not require separate legislation?

An Ceann Comhairle: Is separate legislation required for anything else?

Deputy Joan Burton: We know all about the solicitors like Mr. Lynn and their faulty titles.

An Ceann Comhairle: I call Deputy McCormack.

Deputy Joan Burton: What about banks involved in complex deals with a consortium of banks?

An Ceann Comhairle: That is the end of that now, Deputy Burton.

Deputy Joan Burton: Will that be addressed in the legislation?

An Ceann Comhairle: I call Deputy McCormack.

Deputy Joan Burton: Will that require separate legislation?

An Ceann Comhairle: Is separate legislation promised in the area mentioned by Deputy Burton?

The Ta´naiste: Instead of speculating it is appropriate that time is given to the Attorney General, the NTMA, the advisers to the Government, the Department of Finance and the Government to make a final determination on this matter.

(Interruptions).

An Ceann Comhairle: I am not allowing that anymore.

The Ta´naiste: The contents of that decision will be discussed in due course.

An Ceann Comhairle: I call Deputy McCormack.

Deputy Joan Burton: That is a deeply unsatisfactory reply. This could cost the taxpayers \30 billion.

Deputy Pa´draic McCormack: A Cheann Comhairle, if you cannot put down the Deputy, I am not going to put her down.

An Ceann Comhairle: Deputy Burton should resume her seat now. That is the end of it.

Deputy Joan Burton: This will be the biggest cost to taxpayers ever.

An Ceann Comhairle: She will need to raise it during the course of the debate.

Deputy Pa´draic McCormack: A Cheann Comhairle, I need your assistance and guidance. I had tabled a parliamentary question to the Minister for Agriculture, Fisheries and Food about the non-renewal of REPS planners’ contracts. I got a nice letter from you this morning stating that it was not a matter for the Minister but a matter for Teagasc. I rang Teagasc and was told that it got its instructions from the Department of Agriculture, Fisheries and Food not to renew the contracts in June. What do I do now, a Cheann Comhairle? You will not answer me. The Minister will not answer me. Teagasc will not answer me. It is letting go 100 REPS planners who are making a profit of \3 million a year for Teagasc and doing very useful work. Now 192 Order of 9 April 2009. Business these young agricultural graduates will be put on the dole and nobody will answer my question on their behalf. What do I do?

An Ceann Comhairle: I will ask the Deputy to call to my office so that I can advise on the letter I wrote. I cannot do anymore than that.

Deputy Pa´draic McCormack: When the Ceann Comhairle could not answer in a letter how will he answer verbally? Who does he think I am?

An Ceann Comhairle: The Deputy might like to get the answer verbally.

Deputy Pa´draic McCormack: Sure, that is ridiculous.

An Ceann Comhairle: I cannot deal with that now.

Deputy Pa´draic McCormack: The Ceann Comhairle will have to answer me in the office if I go up to him.

An Ceann Comhairle: It is not in order to raise a matter regarding the disallowance of questions on the Order of Business.

Deputy Pa´draic McCormack: This is becoming a joke now.

An Ceann Comhairle: The Deputy will need to resume his seat. I cannot do anything about it.

Deputy Pa´draic McCormack: The Ceann Comhairle did not put down Deputy Burton as quickly as he is putting me down.

An Ceann Comhairle: Yes, I did. Deputy Durkan is next.

Deputy Pa´draic McCormack: Perhaps the Minister might tell the Ta´naiste how he is going to answer the question. Are we getting to the stage where a legitimate question to the Minister is not being answered? I am getting fancy letters from you, a Cheann Comhairle, that are not worth the paper they are written on.

An Ceann Comhairle: That is not in order. I cannot do anything about that now.

Deputy Pa´draic McCormack: I know we are good friends and I never interrupt you, a Cheann Comhairle, or anything like that, but that is ridiculous.

An Ceann Comhairle: I call Deputy Kehoe on the same issue.

Deputy Pa´draic McCormack: You did not answer me, a Cheann Comhairle.

An Ceann Comhairle: I did. I told the Deputy that all I can do is ask him to come to my office so that we can have another discussion on it. I cannot do anything more than I have done already.

Deputy Pa´draic McCormack: Will you call to my office, a Cheann Comhairle?

(Interruptions).

An Ceann Comhairle: I call Deputy Kehoe.

Deputy Pa´draic McCormack: I will meet you in the bar at 11 o’clock. 193 Order of 9 April 2009. Business

Deputy Paul Kehoe: I was going to say they could meet in the bar, but Deputy McCormack does not drink and the Ceann Comhairle is not allowed into the bar. Would the Ceann Comh- airle consider an Adjournment Debate on that issue——

Deputy Pa´draic McCormack: I have tabled it for discussion on the Adjournment.

Deputy Paul Kehoe: ——because the issue of Teagasc letting REPS planners go concerns many rural Deputies? I have also written to the Minister who wrote back stating he is happy to receive my letter, but I have not received a proper reply from him. Would the Ceann Comhairle consider allowing it to be discussed in the Adjournment Debate later on?

Deputy Pa´draic McCormack: I thank the Whip for his assistance.

Deputy Bernard J. Durkan: The House seems to be in skittish mood this morning. I am not so sure I know why. Perhaps it is nervousness because Government Members do not know what will happen next. I ask about the much promised and oft raised in the House legislation relating to estate management companies. Has any progress taken place since it was raised by Labour Party, Fine Gael and other Members of the House in recent weeks? The Ta´naiste’s Department has proposed legislation to consolidate and update collective investment schemes. It would be very appropriate to rush that legislation into the House. How urgent is the legislation and when does the Ta´naiste expect to bring it into the House, in order to give an indication to the public as to the seriousness of the Government’s intention in this area? Sadly and tragically, as has often happened in the past, criminality seems to grow. The matter has been raised on all sides of the House in recent years without any response from Govern- ment. Tragically, in recent days a young garda died as a result of activity that was obviously of an illegal or criminal nature. There is a plethora of legislation that has been promised for some considerable time. Threats have been made as to when this legislation is likely to be introduced. As a former Minister for Justice, Equality and Law Reform, a Cheann Comhairle, you know that public confidence in the system is waning at an alarming rate. I ask once again when it is intended to introduce into the House one single piece of legislation. It would be possible to put all this promised legislation together in a consolidated Bill to allow us to put the criminals behind bars. Everybody in the country knows about it and wants something to be done. The Minister for Justice, Equality and Law Reform has been sitting on his hands since he came into office.

Deputy Noel J. Coonan: Zero tolerance.

Deputy Bernard J. Durkan: He is doing nothing about it.

An Ceann Comhairle: I call the Ta´naiste on the legislation.

Deputy Bernard J. Durkan: Would he, for God’s sake, get up off his behind and do something about it?

The Ta´naiste: The multi-unit legislation will be introduced next session. The second piece of legislation will be next year.

Deputy Bernard J. Durkan: Everything is next year.

Deputy Joe Costello: I ask the Ta´naiste about the statutory instrument that the Minister for Health and Children introduced last week to ban “happy” pills. How will that be enforced? 194 Order of 9 April 2009. Business

What was formerly a legal substance will now become an illegal substance. Will the Garda raid shops scattered around the country seizing a substance which two weeks ago was a legal sub- stance on sale and may now still be on the shelves as an illegal substance? How will this been enforced? Has the Minister for Health and Children circulated to shops around the country details of the new statutory instrument, which she has placed in the Oireachtas Library?

The Ta´naiste: The statutory instrument has been signed and that would be a matter for the Irish Medicines Board and the Garda.

Deputy Joe Costello: I am talking about legislation.

The Ta´naiste: There is no legislation.

Deputy Joe Costello: A statutory instrument is secondary legislation. It is obviously legis- lation. What was formerly legal is now illegal. This statutory instrument has determined that. The Minister for Health and Children has now created an illegal substance of what was formerly a legal substance. The premises that have been selling that substance are now in 11 o’clock possession of an illegal substance. The Garda is entitled to come into those shops, confiscate the substance and prosecute the owners of the shops. Following the signing of the statutory instrument, what steps are being taken to ensure that innocent people do not find themselves being prosecuted under the new law?

An Ceann Comhairle: Discussion of the implementation of the legislation is not in order now.

Deputy Joe Costello: It is legislation.

An Ceann Comhairle: It is an issue, but discussing the enforceability of it is not in order now. Is legislation promised in that area?

The Ta´naiste: The legislation has been signed. The enforcement of it will be done under the auspices of the Irish Medicines Board. The disposal of the “happy” pills will be done in the context of the regulations set down by the IMB.

Deputy Alan Shatter: We may all need some “happy” pills to keep going.

The Ta´naiste: It is a very dangerous substance and it is on that basis the Minister has signed the statutory instrument. There has been considerable publicity surrounding this with a view to its disposal under the IMB regulations.

Deputy Ciara´n Lynch: Does the Government intend to scrap the electronic voting machines which are a symbol of the waste of Government——

An Ceann Comhairle: That question is a hardy annual and it is not going to be asked now.

Deputy Ciara´n Lynch: I can raise this under promised legislation.

An Ceann Comhairle: The Deputy cannot. He should ask something that is in order.

Deputy Ciara´n Lynch: In a reply to a question tabled by Deputy Mary Alexandra White, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, said it would cost a further \25 million to recalibrate these machines if they are ever going to be used.

An Ceann Comhairle: The Deputy must resume his seat. He can raise that issue in another way. 195 Order of 9 April 2009. Business

Deputy Ciara´n Lynch: Parents this week have lost \1,000 for every child under five years of age. Why in the name of God are we continuing to store machines that cost \60 million and will cost another \25 million if they are ever going to be used?

An Ceann Comhairle: The Deputy can raise that in another way. He knows well he is com- pletely out of order. I do not want to have to ask him to leave but I will in a minute.

Deputy Ciara´n Lynch: The dogs in the street know that these machines will not be used in the local elections in a couple of weeks’ time or in the European elections.

An Ceann Comhairle: The Deputy cannot ask any more about that.

Deputy Ciara´n Lynch: Will the Government scrap those machines and give us their value?

An Ceann Comhairle: He can bring that up some other way.

Deputy Bernard J. Durkan: Hear, hear. They have a very calorific value.

Deputy James Bannon: Contractors around the country have taken a major hit and are being driven out of business. Three have folded up in my constituency in the past week. In times of crisis there is an obligation on us to protect our own, particularly contractors.

An Ceann Comhairle: The Deputy should ask a question that is in order.

Deputy James Bannon: When can we expect the publication of the urgently needed consumer and competition Bill and will it include protection for contractors, or will other legislation be published to do so? They employ many people around the country and what is happening to them is very unfair.

The Ta´naiste: That Bill is intended to deal with the amalgamation of the National Consumer Agency and the Competition Authority and to take into consideration the review of the Com- petition Act. I and my officials in the Department are working to get that ready for the next session if at all possible.

Deputy Caoimhghı´nO´ Caola´in: The earlier questions about the national asset management agency, NAMA, and the legislation to facilitate it did not address whether the heads of the Bill have been agreed. One has to presume they are as the body was launched yesterday having been announced in the Supplementary Budget Statement the day before. If so, will the heads of the Bill be circulated to Members? This was a long-stated aspiration of the former but there has been very little evidence of co-operation in that regard. Will the Ta´naiste organise to circulate the heads of the Bill immediately on their agreement? Have they been agreed and if so can they be circulated today? The supplementary budget also indicated a new scheme for early child care support in respect of the year before a child starts primary education. Will there be legislation to facilitate the introduction of this new scheme which will come into effect in January 2010, eight months from now? Has work commenced on the preparation of the scheme which follows the abolition of the existing scheme for child care supports? Will the Ta´naiste update us on the position of that legislation? I tabled a question to the Minister for Enterprise, Trade and Employment seeking the ident- ity and remit of the aviation expert she appointed to assess the situation at S. R. Technics. In her response she refused to identify that expert. 196 Order of 9 April 2009. Business

An Ceann Comhairle: The Deputy will have to raise that in another way at another time. He was going well.

Deputy Caoimhghı´nO´ Caola´in: Will the Ta´naiste explain why she refused to impart that information and can she indicate how many of the jobs there will be saved as a result of any effort on her part or by the Government?

An Ceann Comhairle: The Deputy cannot go into that issue now. Other Deputies have tried to raise that and every one of them has been ruled out of order but has been facilitated on the Adjournment.

The Ta´naiste: The Minister for Finance outlined a policy decision in respect of the NAMA in his Supplementary Budget Statement. The heads of the Bill are being worked on and that legislation will progress over the coming weeks.

Deputy Caoimhghı´nO´ Caola´in: Will the Government publish them? Will it share the heads of the Bill?

The Ta´naiste: I do not anticipate any legislation for the early childhood supplement but I will respond directly to the Deputy.

Deputy Caoimhghı´nO´ Caola´in: What about S.R. Technics?

An Ceann Comhairle: The Deputy knows all about the S. R. Technics issue.

Deputy Caoimhghı´nO´ Caola´in: I do not know. That is why I asked the question.

An Ceann Comhairle: The Deputy knows the rules.

Deputy Caoimhghı´nO´ Caola´in: I know the questions but we are not getting the answers.

An Ceann Comhairle: I am talking about the rules.

Deputy Caoimhghı´nO´ Caola´in: The Ta´naiste has refused to impart the information.

An Ceann Comhairle: I am telling the Deputy he knows the rules.

Deputy Caoimhghı´nO´ Caola´in: I am telling the Ceann Comhairle that I do not know.

Deputy Jan O’Sullivan: The meanest cut in the supplementary budget is the suspension of the community scheme for older people which allowed community groups to put alarms into elderly people’s houses to protect them. It is incredible that something like that would be suspended.

An Ceann Comhairle: The Deputy cannot raise that.

Deputy Jan O’Sullivan: Does it need legislation?

An Ceann Comhairle: There is an ongoing debate on the supplementary budget.

Deputy Jan O’Sullivan: Does it need legislation? It comes from a Department.

An Ceann Comhairle: Is legislation required?

The Ta´naiste: There is no legislation. 197 Order of 9 April 2009. Business

Deputy Jan O’Sullivan: Is the Government going to do this? I find that incredible.

An Ceann Comhairle: The Deputy can raise that in the supplementary budget debate.

Deputy Jan O’Sullivan: It was introduced by the last good Government we had under the rainbow coalition.

Deputy Bernard J. Durkan: Everything is cut unfortunately.

Deputy Andrew Doyle: Is the Industrial Relations (Protection of Employment) (Amendment) Bill the same as No. 2, the Industrial Relations (Amendment) Bill, or is it the one that was laid before the House only two weeks ago?

The Ta´naiste: No.

Deputy Andrew Doyle: Are there any plans to introduce it because many people in the catering and hotel industry are having a serious problem paying under the National Employ- ment Rights Authority, NERA, agreement systems and the joint labour committee rules? There are two different regimes in place, for Dublin and outside which is crippling the res- taurant and hotel industry.

Deputy Pa´draic McCormack: Why does the Government not try to save the Teagasc people as well?

The Ta´naiste: There are two Bills, the Compliance Bill, which is before the House, and the Industrial Relations (Amendment) Bill which is to amend the effects of the JLCs and the registered employment agreements. The Attorney General has raised some issues about these and we are working through them following which I hope to have it before the House as quickly as possible.

Deputy Charles Flanagan: While the Minister and the officials in the Department of Finance will be busy over Easter drafting legislation that will force the taxpayer to buy tracts of desert in Dubai, pubs in Britain and vacant building sites in Chicago, will the Ta´naiste explain how the paralysis in the drafting of legislation has permeated all aspects of Government policy recently? I refer in particular to the legislative programme published on 26 January that lists six Bills to be published by the Department of Justice, Equality and Law Reform in this session. Will the Ta´naiste confirm when during this session the following Bills were published: No. 9 the Civil Partnership Bill; No. 10 the Covert Surveillance Bill; No. 11 the Criminal Justice (Forensic Sampling and Evidence) Bill; No. 12 the Criminal Justice (Miscellaneous Provisions) Bill; No. 13 the Criminal Justice (Money Laundering) Bill, to transpose the third money laun- dering directive into national law — this is the last country in the EU to effect this transposition; No. 14 the Criminal Procedure Bill and No. 15 the Property Services (Regulatory) Bill? Will the Ta´naiste confirm on this, the last day of yet another session, that the Government is para- lysed not only in respect of the economy and financial matters but in the justice area where nothing is happening?

An Ceann Comhairle: The Deputy cannot make a speech on this now.

Deputy Charles Flanagan: Why is nothing happening?

An Ceann Comhairle: We cannot go into all that now.

Deputy Bernard J. Durkan: The Government is slow. 198 Order of 9 April 2009. Business

Deputy Emmet Stagg: On the same issue, the Government promised to publish 18 Bills in this session but it has published only one on that list.

Deputy Bernard J. Durkan: It is sitting idly by. It is a disgrace.

Deputy Emmet Stagg: There are seven listed under the Department of Justice, Equality and Law Reform only one of which has been published. The other Departments have done nothing during this session. They seem to be moribund because there is no legislative activity. This is supposed to be a legislative assembly but of 18 Bills promised only one has been published.

Deputy Noel Dempsey: There has been a lot of time wasted at this hour of the morning.

Deputy Emmet Stagg: Nothing came from the Minister for Transport. All he gave us was the Vote on the legislation.

Deputy Bernard J. Durkan: The Minister should not even go there.

Deputy Charles Flanagan: None of the Ministers is working.

The Ta´naiste: In normal circumstances the House would be in a position to deal with more legislation that would be on particular lists but on this occasion and in the previous session we have had to deal with a considerable number of emergency Bills which were complex and took considerable time.

Deputy Joan Burton: Whose fault was that?

The Ta´naiste: We had the publication of the Anglo Irish Corporation Act, the Financial Emergency Measures in the Public Interest Bill and the Residential Tenancies Bill. Those were emergency pieces of legislation which were facilitated in this House. There were several debates on hugely important issues. We have a second Finance Bill to discuss, whereas in normal circumstances we would have only one.

Deputy Bernard J. Durkan: A third one.

The Ta´naiste: A considerable number of pieces of legislation on the specific issues raised are almost completed. At the last Cabinet meeting we signed off on the covert surveillance Bill. This session does not complete this work today but will continue until 22 April and further publications of legislation will take place.

Deputy Emmet Stagg: I suppose we will have a rush of legislation before the summer recess and it will be guillotined.

Deputy Bernard J. Durkan: It will be guillotined without debate. It is a disgrace.

Deputy Joanna Tuffy: The dearth of legislation started just after the 2007 general election. In 2007 the number of Bills passed was the lowest since 1922. This is nothing new. One Bill mentioned was the property services regulatory authority Bill. That agency has been open since November 2007 and is twiddling its thumbs. It will cost \300,000 to run this year but has no legal powers to do the work it is supposed to do. The issue of exorbitant management fees and bad maintenance services by management companies is serious, and that Bill would give that agency powers to deal with those issues. The Government has been promising that legislation “next session” for the past few sessions. What is the delay?

Deputy Bernard J. Durkan: Correct. Hear, hear. 199 Order of 9 April 2009. Business

The Ta´naiste: That legislation has been almost brought to finality and will be published next session.

Deputy Bernard J. Durkan: Everything is being brought to finality.

Deputy James Reilly: Regarding the pending budget legislation, will any stressed loans to former directors or employees of Anglo Irish Bank be included in the assets be taken over by NAMA?

An Ceann Comhairle: That is not in order. Deputy Reilly has not a hope.

Deputy James Reilly: Have we a guarantee that this legislation will not cover those loans?

An Ceann Comhairle: We cannot go into the content of the legislation. Deputy Reilly knows that.

Deputy James Reilly: It is a reasonable question.

An Ceann Comhairle: It is a very good question, but must be put within Standing Orders.

Deputy Michael D. Higgins: When does the Government propose to ratify the two United Nations conventions it has promised to ratify? They are the United Nations Convention against Corruption and the United Nations Convention on the Rights of Persons with a Disability. The Government is required to make a legislative response to the findings by the United Nations Human Rights Commission in Geneva regarding a number of matters. Is it the Government’s intention to publish or circulate its response or to indicate what legislation it has in mind to address the issues raised by the Commission?

The Ta´naiste: I will have to revert to the Deputy.

Deputy Michael Ring: I have two questions, the first on the Planning and Development Bill. The Ta´naiste has responsibility for employment in this country. A young lady visited my clinic on Monday. She has applied to the planning authority for a development in one unit and she got a levy of \253,000.

An Ceann Comhairle: Deputy Ring must raise that in another way.

Deputy Michael Ring: Will the Ta´naiste deal with that in the legislation I mentioned? Do we not want people to create employment in this country? This came from the Green Party. Its Minister instructed the local authorities to do this.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Michael Ring: My second question I will direct to the Ta´naiste, and she might ask the Minister for Health and Children, as she cannot speak for herself because she has responsi- bility for nothing; it is all with the HSE. Why can my constituents, and people throughout the country, no longer get a medical card form from a doctor? Why must they write to the HSE for such forms?

Deputy Mary Harney: I hear Deputy Ring is still handing them out.

An Ceann Comhairle: We must move on. There are several ways to raise that, but this is not one of them. 200 Order of 9 April 2009. Business

Deputy Michael Ring: Is that why we are paying \500,000 to Professor Brendan Drumm? No wonder this country is the way it is. The Minister for Health and Children takes responsi- bility for nothing.

An Ceann Comhairle: People may vent whatever feelings they have during the debate on the budget.

Deputy Michael Ring: I would like to get answers to those two important questions.

An Ceann Comhairle: I cannot get answers to those questions on the Order of Business.

The Ta´naiste: Deputy Ring has a very good girl in his office who looks after all his constitu- ents very well.

Deputy Noel Dempsey: She knows how to download a form.

Deputy Alan Shatter: In the context of legislation published after Easter, I am conscious on a human level that this will be a difficult Easter for many Ministers of State who are looking forward to losing their jobs. While the Government should never have appointed 20, and we do not need them, on a human level I wish them well.

An Ceann Comhairle: Deputy Shatter may offer them an Easter bunny, but he cannot raise it now.

Deputy Alan Shatter: It is my recollection that we got to the grossly unnecessary figure of 20 Ministers of State as a consequence of legislation enacted in this House to facilitate the Government to appoint that number of Ministers of State.

Deputy Noel Dempsey: The first step was from 15 to 17.

Deputy Alan Shatter: Does the Government intend to bring forward legislation as an urgent matter after the Easter break to reduce by statute the number of Ministers of State that can be appointed to the 15 announced? How rapidly will we see that legislation? If no such legis- lation is intended, is this merely a temporary little arrangement to seek public applause and is there a secret intention to re-appoint the lonely five some time in 2010.

An Ceann Comhairle: Deputy Shatter will have to bring that up somewhere else.

Deputy Noel Dempsey: Deputy Shatter should leave it at 20 so that if Fine Gael ever get in he may have some chance.

Deputy Alan Shatter: Will a Bill come before the House?

An Ceann Comhairle: Of course not. No such legislation is promised. The answer is “No”.

Deputy Alan Shatter: The Government will retain the position where it is open to it to appoint 20 Ministers of State. This is a public relations exercise. If the Government were serious it would introduce the legislation.

Deputy Noel Dempsey: Deputy Shatter could be talking himself out of a job.

Deputy Mary Alexandra White: Fine Gael increased the number of Ministers of State when it was in Government.

Deputy Bernard J. Durkan: The Greens have spoken. 201 Order of 9 April 2009. Business

Deputy Mary Alexandra White: The Deputy should know his history.

Deputy Alan Shatter: The Green shoots. We have been trying to find the Green Party’s fingerprints on the budget and we have discovered them. It fully supports everything Fianna Fa´il does.

Deputy Charles Flanagan: They wear gardening gloves to avoid leaving fingerprints.

An Ceann Comhairle: Deputy Shatter should come in and speak on the budget later today, if he has not already done so.

Deputy Alan Shatter: If there is a genetic difference nobody can find it.

Deputy Thomas P. Broughan: Another Bill on which the Government has been working for approximately 12 years is the bus licensing Bill. Will we have an opportunity before the session ends today to discuss the incredible Dempsey bus cutbacks which were listed this morning?

An Ceann Comhairle: Deputy Broughan may put down that matter for an Adjournment debate.

Deputy Thomas P. Broughan: We have lost approximately 60 routes and 1,000 journeys; it is another disaster from Deputy Dempsey. People will be walking to work next week and it is not a laughing matter.

An Ceann Comhairle: It is not a laughing matter, neither is it a matter for the Order of Business.

Deputy Bernard J. Durkan: Will we put wheels on the voting machines and cycle to work on them?

Deputy Joan Burton: Remember the \155 million spent on PPARS? The Minister, Deputy Dempsey said it did not matter.

Deputy Noel Dempsey: I did not.

Deputy Ro´ isı´n Shortall: Given the ending of the capital allowance relief on health facilities announced in Tuesday’s budget and the abandonment of the main plank of health policy regarding co-location, why is the Minister for Health and Children still in Cabinet?

An Ceann Comhairle: Good luck, thank you, I must move on.

Deputy Bernard J. Durkan: It is a very good question. All over the country people are asking that question.

The Ta´naiste: I wish the Ceann Comhairle, the staff and Members of the House a very happy Easter.

Deputy Alan Shatter: On behalf of Fine Gael, I join with the Ta´naiste in wishing Members of the House and the Ceann Comhairle a peaceful Easter and I tell Members on the other side of the House to expect a very turbulent period when we return.

Deputy Pa´draic McCormack: I, too, wish you, a Cheann Comhairle, a very happy Easter.

Deputy Charles Flanagan: All the Government’s Easter eggs are duck eggs. 202 Cystic Fibrosis: 9 April 2009. Motion

Deputy Joan Burton: On behalf of the Labour Party, I wish the Ceann Comhairle, staff and Members a very happy Easter. Easter is a time of reflection and thought for most people and I hope people will get a chance to get a break with their families because it has been a very tough session. I thank the staff who serve the House for all the work they have done, partic- ularly during all the late sessions.

Deputy Bernard J. Durkan: There will be no coloured Easter eggs.

Deputy Mary Coughlan: I will give the Deputy an Easter egg.

Residential Tenancies (Amendment) (No. 2) Bill 2009: First Stage. Deputy Ciara´n Lynch: I move:

That leave be granted to introduce a Bill entitled an Act to amend the Residential Tenanc- ies Act 2004 so as to provide for the payment of deposits to the Private Residential Tenancies Board in respect of tenancies required to be registered under Part 7 of that Act; to require further that payments of supplementary welfare allowance under the Social Welfare Acts in respect of rental payments shall be paid only in respect of a tenancy registered with the board; and to provide for connected matters.

An Ceann Comhairle: Is the Bill opposed?

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): No.

Question put and agreed to.

An Ceann Comhairle: Since this is a Private Members’ Bill, Second Stage must, under Stand- ing Orders, be taken in Private Members’ time.

Deputy Ciara´n Lynch: I move: “That the Bill be taken in Private Members’ time.”

Question put and agreed to.

Business of Da´il. An Ceann Comhairle: The motion on the Horse and Greyhounds Racing Fund will be taken after Private Members’ business.

Private Members’ Business.

————

Cystic Fibrosis: Motion. Deputy James Reilly: I move:

That Da´il E´ ireann:

noting:

— that Ireland has the highest incidence of cystic fibrosis in the world;

— that Irish patients experience a much more severe genetic mutation of cystic fibrosis than that experienced by patients in other countries; and 203 Cystic Fibrosis: 9 April 2009. Motion

[Deputy James Reilly.]

— that a person born in this State with cystic fibrosis has an average life expectancy which is many years lower than a patient suffering from cystic fibrosis in Northern Ireland or the United Kingdom;

recognising:

— that in January 2008 the Minister for Health and Children and the HSE promised to fast track the development of 14 single rooms by the end of the summer, as an interim solution to the bed problem, however only eight beds have been delivered;

— that the HSE planned for the roll out of national neonatal screening service for cystic fibrosis in its 2008 national service plan, however this has not happened; and

— that funding for the development of a 120-bed development at St. Vincent’s Hospital, of which approximately 30-34 beds were to be dedicated for cystic fibrosis patients, has been delayed until 2011 at the earliest;

calls on the Minister for Health and Children and the Government to:

— instruct the HSE to commence immediately the development of the urgently needed and life saving cystic fibrosis unit at St. Vincent’s Hospital and thus provide 34 inpatient single ensuite beds as part of a 120-bed development at St. Vincent’s Hospital so that these facilities will be available in 2011.

I wish to share time with Deputies Shatter, Creighton and Enright and Crawford.

An Ceann Comhairle: That is agreed.

Deputy James Reilly: This motion comes to the House because the needs of a distinct group of Irish people, 1,100 in all, who are sufferers of cystic fibrosis in Ireland are not being met by the Government and the Minister who are fully aware of the facts, which are that cystic fibrosis sufferers die up to ten years younger than elsewhere in the western world. Cystic fibrosis occurs in this country with a greater incidence than any other country in the world and our population suffers with the most severe mutation of this illness. These are important facts to bear in mind, with which I will deal later. Cystic fibrosis, as many people know, is a genetic disorder and, therefore, one does not develop it; one is born with it. It can happen that a diagnosis is made late as the symptoms develop and then the disease is detected and diagnosed. This would not happen if we had neo-natal screening, something which we sought in a debate on this issue last year and still await. Another area we looked at last year was the need for a national register of sufferers with cystic fibrosis. Perhaps the Minister would like to tell us that she has compiled such a register, but she has not. It was the Cystic Fibrosis Association of Ireland which compiled a register for which, thankfully, it received some funding from the HSE. The good news is that we have such a register. What we do not have, however, is the same outlook for our young people, our citizens who suffer from cystic fibrosis in this jurisdiction, the , as our cousins north of the Border, a mere 40 miles or so from this city. They have many more years longevity to look forward to than our citizens. The reason for this is quite clear and obvious. In this country we do not have sufficient isolation rooms with ensuite facilities where people with cystic fibrosis, who need admission for treatment of their acute infections, can be treated without fear of cross-infection. Cross-infection can occur when a person goes into hospital acutely ill with an 204 Cystic Fibrosis: 9 April 2009. Motion infection in his or her chest and while in hospital that person comes in contact with another patient who has a different type of bug and the person ends up with an even more severe infection. The person’s stay is prolonged and, as a consequence, very often irreversible damage is done to the person’s lungs. We know this can have catastrophic consequences for suffers of cystic fibrosis. This could all be avoided if ensuite facilities in isolated rooms were provided for people with cystic fibrosis. It is not much to ask and would involve small money in the overall scheme of things, a point with which I will deal later. It is penny-wise and pound-foolish for the Government not to make such provision. People with cystic fibrosis who could be admitted to an isolation room would go to hospital much more quickly; such patients’ concerns about cross-infection often leads them to delay going into hospital for treatment, which has a detrimental effect. Furthermore, the evidence available clearly shows that when people go into hospital for treatment early, their stay is shorter and their remission is longer. The time between that admission and the next admission is much longer than it otherwise might be. This is the evidence of the medical experts. There is a need to clarify a statement made by Professor Drumm at the Joint Committee on Health and Children, when he stated that in Toronto they have up to six beds for some 600 sufferers of cystic fibrosis and they manage very well. I alluded to this point earlier. Their mutation of cystic fibrosis is not the same as our mutation of it; ours is much severer. It is the most severe mutation and, consequently, we have a much sicker patient population than they have anywhere else in the world, including Canada. Lest there be any doubt about the veracity of what I am saying, I will read a statement from the Medical Council of the Cystic Fibrosis Association of Ireland where the most esteemed experts in the discipline of cystic fibrosis treatment have stated clearly that best outcomes are obtained by in-hospital treatment and failure to avail of this can have catastrophic effects.

Patients with Cystic Fibrosis have intermittent exacerbations ... [which means worsening of their condition] of their condition and these exacerbations become more frequent with increasing age. Effective treatment of these exacerbations improves health and quality of life and is very important in preventing or slowing the decline in health that otherwise occurs. Some patients with exacerbations may be treated at home or as outpatients. However, many patients will not recover from their exacerbation with outpatient treatment and these patients must be treated in hospital; this is especially so for adults and those with severe disease. Cystic Fibrosis sufferers who need hospitalization should be admitted immediately to hospital; there should be no delay in admitting them. In keeping with international standards and because they are uniquely prone to particular infections, inpatients with Cystic Fibrosis should all be treated in single, en-suite rooms...”

Implicit in that statement is that such patients should not have to lie in casualty on trolleys for hours on end being exposed to all sorts of other infections. When this motion was first submitted to the Ceann Comhairle for discussion today, we had confirmed at the Joint Committee on Health and Children last Tuesday week that the badly needed 120-bed unit in St. Vincent’s Hospital was not to go ahead. For the sake of clarity, I point out that this unit was to contain 34 single rooms with ensuite facilities for the treatment of cystic fibrosis, a further floor with a day-care centre for people with cystic fibrosis and a further four floors for the care of the elderly. The cystic fibrosis complement of this 120-bed unit on six floors was two floors and, therefore, approximately one third of the cost of unit would relate to cystic fibrosis. However, the HSE in its wisdom decided not to provide funding out of its budget which was promised by this Minister last year. We are told it was promised by the Minister in person to 205 Cystic Fibrosis: 9 April 2009. Motion

[Deputy James Reilly.] Ms Orla Tinsley, a young lady who suffers from cystic fibrosis, who has written about it exten- sively in the print media, namely, The Irish Times a nd other newspapers, and who has also given many interviews. Her campaign at that time took its toll on her, but she felt that she had achieved an outcome, namely, that this unit would go ahead come hell or high water and that the injurious effect she suffered as a consequence of her endeavours on behalf of the cystic fibrosis community were worthwhile. The Ceann Comhairle can imagine her dismay to read the transcript of the Oireachtas com- mittee meeting last Tuesday week to discover that this money would not be forthcoming. I had a discussion with the Minister following that in the Chamber and I asked her why she would put Ms Tinsley, her family and other sufferers through all of this again, why they would have to come out on the streets again and Ms Tinsley would have to raise the issue against on radio and on the “Late Late Show”, with all the impact that would have on her. It is not fair that this should have to be done. I am sure that it has taken a toll on her health again, as it did last year. Sadly, two of Ms Tinsley’s friends who spoke so passionately and articulately on Joe Duffy’s radio show last year are no longer with us. I plead with the Minister not to delay this project further because we do not want to lose more young people unnecessarily. We must ensure on this occasion that the project goes ahead and that these brave young people and their distraught families are not forced onto the streets and the airwaves again in another six months. I have gone out to St. Vincent’s Hospital and visited the facilities there. There is no question or doubt that the only real solution to this problem is the provision of this new unit. This development was supposed to be a quick build that would be completed by the end of 2010. It was anticipated that cystic fibrosis sufferers would get approximately 30 beds — we know, specifically, 34 — and the remainder would be divided among other specialties. It will have an enormous bearing on longevity for the many people suffering with cystic fibrosis in this country, and would go a long way in addressing the oft-quoted ten-year gap. The medical team at St. Vincent’s are enthusiastic, as are their nursing colleagues and they are backed up by the hard working management team. They are ready and waiting, all they need is the Minister to sign the order or instruct the HSE to do so. The site at St. Vincent’s is congested and there is little room for expansion. This unit will be six floors high and will go a long way to relieve the congestion in the accident and emergency unit — some 62 beds are currently unavailable through delayed discharge, and to have another 40 beds or so for the care of the elderly would have a major impact on that situation. I mentioned that this two-floor unit would only constitute a third of the cost. The original cost was to be \40 million and the Minister has alluded to the fact that building costs have come down 20% to 25%. The new figure should therefore be around \30 million, only \10 million of which would relate to the CF unit. I want to place on the record here another serious situation in St. Vincent’s Hospital, relating to the haematology unit. The unit, which caters for people with leukaemia and other serious blood disorders, has been closed for nearly a year to admissions for patients who suffer with neutropaemia. This is a condition of low white cell count, which predisposes a sufferer to infection and makes it very difficult for him or her to fight infection, particularly bacterial. It was closed because of two incidents of VRE, vancomycin resistant e.coli, which is a particularly nasty bug that can be lethal. The concern is that with one toilet to serve this unit, the hospital could not take the risk of admitting people. This has caused enormous hardship for people with leukaemia and many other blood disorders and I would ask the Minister to address this issue. That is why I am raising it here today. It is a separate issue from cystic fibrosis, but is, nonetheless, very important. 206 Cystic Fibrosis: 9 April 2009. Motion

The issue of the treatment of cystic fibrosis sufferers has been well highlighted by the great efforts of Cystic Fibrosis Association of Ireland, Orla Tinsley and others, in the paper media, television and the radio. The ordinary people of this country, because of that campaign, know about it and fail to understand why the Minister would allow the HSE to cancel the plan and why she has reneged on her promise. I am glad that she appears to have had yet another change of heart and I would like to congratulate all the aforementioned people on the success of their campaign and, in conjunction with this motion, the net effect appears to be that the Minister appears to have reversed her decision. I want to digress for a moment because there has been a good deal of talk about the trans- plant situation in the country. I want to put on the record some information that might clarify the situation for people. Historically, everyone knows that cystic fibrosis patients on the Newcastle and Dublin lists for transplants request people to donate organs. The UK transplant authority is the one that does not allow this. In 2007 the Mater had four transplants, six CF patients waiting and three of these unfortunately died while awaiting transplants. In Newcastle the figures were four transplants, 18 CF patients waiting and six deaths. In 2008 the Mater had four transplants, 13 CF patients waiting and three deaths. In Newcastle the figures were six transplants, 15 CF patients waiting and six deaths. That is a discussion we need to hold to discover why we were not more successful. I know there are technical difficulties and that many of the organs available to the transplant service very often come from young males of say, 5’ 10“ or six feet in height. There are technical issues involved in transplanting a lung from somebody of that size into someone, say, 5’ 1” or whatever. The Cystic Fibrosis Association of Ireland has given a cautious welcome, and well it might be cautious. This is a Minister who makes promises but thinks nothing of breaking them. She did it with cystic fibrosis patients and Orla Tinsley in a very personal way and she also did it with the young women of Ireland by promising them cervical vaccination in August and reneging on this in November. This motion is very clear in its intent and content but if the Minister seeks to oppose it and amend it, and worryingly inserts a term of nine months before building would commence, we should need to be very cautious. I fail to see why we should have to wait nine months before building begins. Tenders, I am told, are ready to go, so why cannot the building start during the summer? However, one must point out equally that this new method of funding carries with it many dangers, especially if stipulations within the tender document make it impossible for builders to tender. Such issues as failing for allow for the cost of interest to finance this programme of building or failure to provide an absolute written guarantee of payment on completion by the HSE, would obviously impact on this. Another deep concern for people, in the current climate, is in relation to both banks and builders. One must question how many building firms will be in a position to self finance such a project and how many banks will be willing to back them. We will have to watch this space very carefully and monitor every step, ensuring in particular that there are no unreasonable stipulations in the tenders or contracts. This, we in Fine Gael, promise to do and I will quote the father of medicine, Hippocrates, who said: “ First, do no harm”, for clearly failure to progress this project will do the ultimate harm to people with cystic fibrosis in this country. I commend the motion to the House.

Deputy Alan Shatter: On occasions in this House, for the sake of political hyperbole, we engage in mock outrage. All members of the House do it. On this issue, however, I am totally outraged at the conduct of the Minister and the Government. I believe the Minister should hang her head in shame at the manner in which she has dealt with those who suffer from cystic fibrosis. 207 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Alan Shatter.]

I do not believe anything the Minister says about this issue can be relied upon. I do not believe that in dealing with this issue in the past in this House, the Minister has been truthful. I do not believe credibility should be given to the announcement made by the Minister at the start of this week as a response to the motion before the House today. I say all of this with some regret. I believe cystic fibrosis sufferers and their families have become pawns in a politi- cal game played by the Minister and this Government who respond in an appropriate media- friendly way when put under pressure and then entirely renege on commitments given both inside and outside this House. I believe the Minister has betrayed the approximately 1,100 people in this country who suffer from cystic fibrosis, and those who have prematurely died during the lifetime of a succession of Fianna Fa´il-PD Administrations and the present Fianna Fa´il-Green Party Government. In a very similar debate in this House on a motion proposed by my colleague, Deputy Reilly — I spoke after him, as I do today — on 5 February 2008, we addressed all of these issues and solemn commitments were made by Government. However, in case the Minister might want to get off the hook, she of course was not in the House for that debate. The Minister of State, Deputy Devins, was in the hot seat to respond. The Minister was in the House on 31 January 2008, however, when I tabled a priority question to her on the plight of patients who suffer from cystic fibrosis. The stature of this House is undermined by the freedom Ministers believe they possess to mislead Members and the general public. This is a House to which Ministers are democratically accountable under our Constitution. The Minister for Health and Children and a succession of Fianna Fa´il-led Governments have undermined the House and its workings and the concept of constitutional accountability. In the context of cystic fibrosis sufferers, they believe they can freely tell lies to get out whatever embarrassments they encounter. I expressly refer to an exchange I had with the Minister on 31 January 2008. I asked her the new services she proposed to provide to adults and children suffering from cystic fibrosis, including the lung transplant unit, and pointed out the need to encourage people to carry organ donation cards. Her response, while largely general in nature, dealt specifically with St. Vincent’s hospital, in which regard she stated:

The HSE is currently fast-tracking the redevelopment of a ward which is adjacent to the main cystic fibrosis treatment area. The project is to commence within the next few weeks and will provide six single rooms. On completion, additional work will begin to provide a further eight single rooms. This will result in a total of 14 single rooms for cystic fibrosis patients by the end of the summer [of 2008].

That was a clear statement of the Government’s intent for what were to be temporary facilities. She went on to state:

In the longer term, a new ward block is to be built, which will include 120 replacement beds in single en suite accommodation, including accommodation for cystic fibrosis patients. Planning permission has been obtained, financial provision has been included in the HSE capital plan and the contract is to be awarded this year. It will be a condition of the contract that the design build period is to be not more than 24 months from the date of contract award.

I questioned the Minister on the timeframe and she confirmed her earlier response by stating:

I can certainly acknowledge that the facilities we have in place are not what they should be. However, I equally acknowledge, as have many of the families and the organisation, that the services have greatly improved, particularly with regard to the employment of clinical expertise... 208 Cystic Fibrosis: 9 April 2009. Motion

The measures being taken at St. Vincent’s Hospital, which will be completed by the end of the summer, are only temporary. It was the hospital’s wish that the cystic fibrosis facilities would be part of the 120-bed facility to be built there. For many reasons, the hospital did not believe it was appropriate to build a cystic fibrosis unit separate from the 120-bed facility. That is the reason a modular-type facility will be put in place and ready by the end of the summer.

She later reiterated that the contract would be awarded in 2008 and that the facility would be completed within 24 months. I put it to her that it would take three years from the date on which the contract was signed to construct the facility. In other words, it would not be available until 2011. She replied:

No, it will not. The contract will be awarded in 2008 and the facility will be completed in 2010. Nobody has said any different.

How much more explicit can one be?

Deputy Mary Harney: Why was it delayed?

Deputy Alan Shatter: An absolute commitment was given in this House by the Minister that a facility will be in place by 2010 but she has since changed her mind. The temporary facilities are not fully provided. She prevaricated and concealed what was happening and the HSE did likewise. As of ten days ago, this project was not being progressed. On Monday she announced that it would proceed in a unique way. A developer or builder is being asked to self-finance the entire project and the Government will get around to paying for it once it has been con- structed. The Minister is aware that a project of this nature will cost between \30 million and \40 million and that it is Government practice to make staged payments. In view of the current financial climate and the difficulties facing this State, banks will not be falling over themselves to fund a developer on this project. She knows that her announcement may come to nothing, therefore. In this morning’s Daily Mail, the director of tendering and construction at the Construction Industry Federation, Don O’Sullivan, warned that the proposal was not sustainable, stating: “I would expect to see a very good response from the building sector to this project, but the way it is being done is not feasible in the long term.” I believe the Minister’s announcement is another con job. She will betray once again those who suffer from cystic fibrosis. Not only should she hang her head in shame but she should also resign because she has proved herself unfit for office and her words cannot be relied upon even when given unconditionally in this House on a manner of life and death.

Deputy Lucinda Creighton: I am grateful to Deputy Reilly for putting this motion before the House. I hope Deputy Shatter is wrong in saying that Monday’s commitment by the Minister to deliver the project in St. Vincent’s hospital is a con job. This is literally a matter of life and death for many people, and young females in particular. It is frightening to think this unit, which held out the prospect of solace and hope, will not be built. Last week Deputy Reilly and I visited the cystic fibrosis facilities in St. Vincent’s hospital and inspected the plans for the new unit. There is great excitement among front line staff about the unit because they have been part of process in terms of working with architects to design a state-of-the-art facility which will deliver life saving services to their patients. We also visited some of the relatively new isolation rooms and saw the potential for prolonging the lives of people suffering from cystic fibrosis through providing them with decent health care. We spoke to several consultants, one of whom moved me with stories about the recent fatalities of three 209 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Lucinda Creighton.] cystic fibrosis patients, all of whom were young women. That takes a toll not only on families and loved ones but also on the staff who are doing their best to provide first class treatment in substandard conditions. I am more than aware of current budgetary constraints and acknowledge the Opposition’s responsibilities in this regard. We cannot call for reductions in spending or controls on the public finances while demanding that every service be protected. As I said at the outset, this is a matter of life or death; it is not in any sense an optional luxury. This project must go ahead and, as Deputy Shatter pointed out, it has already been long-fingered. I hope the Minister’s announcement can be believed and delivered upon. I hope the Construction Industry Feder- ation is wrong, but we need more than words. We need concrete commitments so that the desperately needed cystic fibrosis beds in St. Vincent’s Hospital can be delivered.

Deputy Olwyn Enright: I wish to thank Deputy Reilly for tabling this motion. We have the highest incidence of cystic fibrosis in the world, and the most severe type, yet we allocate the poorest resources in Europe to dealing with it. Five or six years ago, I remember raising the case of a young man in Kerry whose brother-in-law was a constituent of mine. He was awaiting a lung transplant but that young boy has since died because he did not get the required oper- ation. We are now in 2009, but we still do not have a transplant office within the Health Service Executive to provide a framework to implement the independent processes needed to enhance the quantity of lungs available for transplant. That has not happened in that length of time and we still have some patients going to Newcastle. There have been some improvements in terms of being able to facilitate operations here, but our overall attitude to cystic fibrosis sufferers has not improved and last week’s actions do not show any improvement. Despite the current budgetary context, we had 12 years during which this situation could have been improved. The Minister was in office for all of those 12 years. Last week, she looked in the eye young people who know they will have a much shorter life expectancy that the rest of us. They were told they would have to wait longer, but they do not have time to wait. Our health staffing levels are seriously inadequate, we have an unbalanced service which is thinly distributed and we have too many small units. The biggest issue for cystic fibrosis patients is a lack of isolation facilities. The Pollock report, which was published in 2005 when we still had money and were wasting it — I think it was around the time we announced decentralisation — said that all cystic fibrosis patients should be in single, en suite toilet facilities to prevent the transmission of dangerous organisms. However, nothing was done about it at that stage. I hope the Minister’s commitment this week will come to pass so that the unit will be pro- vided within the stated timeframe. I am sceptical about it, but I hope it happens. In the mean- time, what will the Minister do about the six interim beds that were promised? Some 14 in total were meant to be delivered by the end of summer 2008, so will they come on-stream in the meantime? Can the Minister give a clear commitment that the unit will be delivered in the stated timeframe? I have often heard the Minister say that there is no low-hanging fruit in health and I appreci- ate that because it is a difficult portfolio. Looking back at what happened in Portlaoise in autumn 2007 and listening to “Morning Ireland” today about what went on in Ennis, at least those awful things could be described as system failures. They were scandalous but it was much more difficult to say they occurred because of a choice that was made. In this instance, however, it is about choices. I am glad the Minister did a U-turn on the decision to cancel that unit. The choice that was made last week said, more or less, that 25 more young CF sufferers will defin- itely die this year, given last year’s statistics. I do not know what it is like to grow up being aware that if I had the good fortune to live a few miles up the road in Northern Ireland I 210 Cystic Fibrosis: 9 April 2009. Motion would live at least ten years longer. I do not know how that feels, but I do know from speaking to Orla Tinsley and families and patients with cystic fibrosis how they feel. I ask the Minister to try to remember that when she is making decisions and choices in this respect.

Deputy Seymour Crawford: I want to thank Deputy Reilly for putting this issue on the agenda today. I have no doubt that this motion, and the work of people like Orla Tinsley, made the Minister do a U-turn last week. I will believe it, however, if and when the service is delivered. As someone living in Monaghan where we have seen so many promises and U-turns, I know this better than most. We want to see everyone being treated equally on this island, but it is unfair that if CF sufferers live a few miles from my home — in Tyrone, Fermanagh or Armagh — they will have a chance of living ten years longer than if they live in Cavan or Monaghan. I ask the Minister to consider this since we are trying to do things on an all-Ireland basis. Our Department of Agriculture, Fisheries and Food co-operates on all animal health issues with its Northern Ireland counterpart, so surely we can do some co-operation in the area of cystic fibrosis to ensure that people in the Border region are facilitated to use such services in Northern Ireland where they are available. While the Minister has no control over the autonomous HSE, I see from reports that it does not want this matter dealt with on a regional basis. The HSE wants it to be centralised, but I ask the Government to be careful about that. Some 1,100 people suffer from cystic fibrosis here, which is a serious issue. I have watched patients dying from other terminal illnesses, including muscular dystrophy, and their families rally around them. It is extremely difficult to see a young person dying, who might have had a chance of living ten years more with proper treatment. I urge the Minister not to break her word on this issue. She must find the necessary funding so that the CF unit can be built in time. It has not happened in the Killeshandra health area and other parts where promises were made. The most laughable promise of all was made last week when the Minister for Education and Science, Deputy Batt O’Keeffe, announced a \7 million project for a new school in Kingscourt. It is the seventh time that project has been announced. Seemingly, he was able to find the money for it, while the Minister for Health and Children could not find funding for the cystic fibrosis unit, which is extremely important. For God’s sake, the Minister should keep her word for once and ensure that this service is delivered.

Deputy Frank Feighan: I thank Deputy Reilly for bringing this serious motion before the House. Many promises have been made over the years, but it is certain that in this case the Government has reacted to interest groups and political pressure. People vote for Governments to act, not to react. I must admit that when she took over from the previous 12 o’clock Minister for Health and Children, Deputy Harney was a welcome breath of fresh air. Some 200 reports had been commissioned at a major cost to the taxpayer and involving long delays. Most of those reports were commissioned to stall necessary progress. The Pollock report was an independent review of cystic fibrosis services in Ireland, which highlighted findings of inadequate staffing and underfunding. I appreciate that the Minister has a difficult job to do in reforming the health service. When she delivers I will compliment her, but on this occasion cystic fibrosis sufferers in the Twenty- six Counties were let down. As has been highlighted, CF patients north of the Border live ten years longer than those in the South. The shorter lifespan here is a disgrace. Many organisations are active in various health areas. My father was on kidney dialysis. I pay tribute to groups involved in this and other areas such as multiplesclerosis. They provide an important service which the Government should deliver. For example, they organise flag 211 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Frank Feighan.] days and make available resources. While the Department works closely with such groups, much greater co-operation is required. The recent announcement on the new facility for the treatment of cystic fibrosis gives fresh hope. I assume it has been made candidly and openly and I look forward to the Minister delivering on the Government’s promise. We must look to the future rather than dwelling on the past and I hope cystic fibrosis sufferers in this country will have a more secure future than has been the case to date.

Minister for Health and Children (Deputy Mary Harney): I move amendment No. 1:

To delete all words after “That” and substitute the following:

“— Da´il E´ ireann welcomes:

— the strong policy priority that has consistently been given by the Government in recent years to the development of services for persons with cystic fibrosis in Ireland;

— the fact that building of the ward unit at St. Vincent’s Hospital, including dedicated facilities for persons with cystic fibrosis, will commence within the next nine months and will be operational as early as possible in 2011;

— the related investments made to date at St Vincent’s Hospital, as the national adult tertiary centre for the provision of cystic fibrosis services, involving the recruitment of 19 additional staff and the significant improvement to the physical infrastructure of the hospital, including the provision of eight dedicated single en suite rooms and improved ambulatory care facilities;

— the provision of additional operational funding of some \8.4m since 2006 for the development of cystic fibrosis services nationally, and the additional improvements that have been put in place in other adult and paediatric hospitals;

— the recruitment of an additional 48 staff since 2006, including additional consultants, nurses and health and social care professionals, to this service;

— the expert advice being given on how best to implement a national screening prog- ramme for cystic fibrosis in newborns; and

— the cystic fibrosis register that the HSE has established to record data in relation to the incidence, treatments and outcomes for persons with cystic fibrosis which will allow, for the first time, for meaningful comparisons to be made with other juris- dictions.”

I wish to share time with Deputies Grealish and O´ Fearghaı´l. I do not, as a matter of course, take shots at the Opposition in these debates because they are much too important. However, I will not take a lecture of the kind Deputy Shatter, a man who had the most astounding things to say about the shocking slaughter of women and children in Palestine only a few months ago, sought to give us. The sole reason the project we are discussing was delayed and could not go to tender during the latter part of last year was an eight month delay in the design caused by engagement with the architect for the cystic fibrosis community. It was never the case that the project would not proceed. 212 Cystic Fibrosis: 9 April 2009. Motion

I do not accept the analysis that a guarantee from the Government to pay a construction firm would not be attractive to the construction industry as the information available to me is very different. A Government guarantee to pay for a project is as good as money in the bank. Clearly, the project will have to be financed but not notwithstanding the current banking diffi- culties, there is no question that a bank would not forward money on the basis of a Government guarantee to pay on delivery. Many projects in the private sector are delivered precisely in this manner, with payment made on delivery of the project rather than in a staged manner, which has been the approach traditionally adopted by the State. I welcome the opportunity to respond to the Fine Gael Party motion, particularly to set out for the House the significant progress made in recent years in developing services for people with cystic fibrosis across the country. I am acutely aware of the challenges that people with cystic fibrosis and their families face in managing their condition. It is very much with this in mind that I have prioritised, not only this week but since 2006, the development of services for people with cystic fibrosis. The focus has been twofold, namely, increasing staffing levels in treatment units across the country and developing and modernising our hospital facilities in order that patients requiring admission can be treated in the best possible environment. I accept that further improvements are required, particularly at St. Vincent’s Hospital which is the adult specialist centre for the treatment of cystic fibrosis. This project was always a priority for the Government and has never ceased to be a priority. No decision was taken by the HSE at any stage to halt or delay it. When it emerged that the timing of capital payments for the project could be an issue, I took immediate steps to ensure it would proceed. To be fair to the HSE, the organisation’s capital budget was substantially cut due to the deterioration in the public finances. With a few minor exceptions, other than contractual arrangements, it did not have sufficient money in its 2010 capital programme to pay for the project. For this reason, we explored the possibility of ensuring the facility could come on- stream in the manner that has since been agreed. I am very pleased that a focused team of people from the HSE, led by Mr. Brian Gilroy, St. Vincent’s Hospital and the Department of Health and Children has come forward with a prag- matic solution to the issue which will allow the project to proceed. In the current challenging economic environment, there will be a keen interest from construction firms in every new project, particularly a valuable one such as this involving a high level of engineering and con- struction skills. The State is also in a position to achieve great value for money in the current circumstances, as has been acknowledged. I am confident that the range of developments and improvements which I will outline to the House today will further demonstrate the ongoing commitment of the Government to the delivery of a safer and more appropriate service for people with cystic fibrosis. Cystic fibrosis is an inherited chronic disorder which affects the lungs and digestion of food, leading to fre- quent chest infections and undernutrition. As Dr. Ron Pollock pointed out in his 2005 report on the treatment of cystic fibrosis in Ireland, “it is the commonest lethal genetic condition in Caucasian populations and Ireland has the highest birth incidence of Cystic Fibrosis in the world.” The condition affects many body functions and becomes more severe with age. Males and females are affected in equal measure. The latest available data indicates that there are 1,161 people with cystic fibrosis living in the Republic of Ireland who are in receipt of hospital services. Approximately 52% of this group are adults and 48% are children. Life expectancy has increased steadily over the past 20 years and continues to improve as new and improved treatments are developed. The oldest person on the registry is 59 years of age and 35 people with cystic fibrosis in Ireland are more than 40 years of age. 213 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Mary Harney.]

Dr. Pollock’s report also stated:

Comparison of survival between countries is complicated by the absence of a European Registry recording individual age and vital statistical data for all cases...However, trends in survival may be inferred from the trends in median age at death...Clearly caution has to be exhibited in interpretation...nevertheless Ireland displays a very much higher number of deaths than does England and Wales, and the same is true for the comparison with Northern Ireland.

It was unfortunate that the only information available had to be treated with caution. In effect, there has been an absence of the detailed robust statistics, such as those used in cancer, that are necessary for cross-country comparisons, not only in Ireland. I am pleased we have started to address this matter. An independent registry for cystic fibrosis, funded by the State, has been established which will help us make such international comparisons over time. The registry has been funded annually by the HSE since 2006 and is now in a position to produce relevant data on more than 85% of people with cystic fibrosis. The average enrolment of people with cystic fibrosis in other country registries is approximately 80%. The registry has advised in its most recent annual report that there are insufficient years of Irish data to generate life expectancy and survival curves and, therefore, full comparison with other countries is not yet possible. It is expected that preliminary data will however become available later this year. The report by Dr. Pollock has been a valuable input into the development of services for people with cystic fibrosis in Ireland. The Government provided additional revenue funding to the HSE of \6.78 million in 2006 and 2007 to develop services. A further \1.6 million has been provided in 2009, including provision for the introduction of a screening programme for newborns. The investment to date has facilitated the recruitment of 48 additional staff, includ- ing consultants, nursing and allied health professionals across a number of hospitals. These are as follows: St. Vincent’s Hospital; Beaumont Hospital; Temple Street Hospital; Our Lady’s Children’s Hospital, Crumlin; Cork University Hospital; University College Hospital, Galway; the Mid-West Regional Hospital, Limerick; Adelaide Meath and National Children’s Hospital, Tallaght; Our Lady of Lourdes, Drogheda; and Waterford Regional Hospital. St. Vincent’s University Hospital is the national tertiary centre for the treatment of adults with cystic fibrosis. We have allocated additional revenue funding of more than \1.3 million to the hospital since 2006 to support the development of services for cystic fibrosis patients. This additional funding has facilitated the recruitment of 19 additional staff to date. In addition, the physical infrastructure has been significantly enhanced through a series of developments, including the refurbishment last year of accommodation to provide eight single en suite rooms for the exclusive use of people with cystic fibrosis. Furthermore, the first phase of the overall hospital redevelopment, which has been com- pleted, includes a new ambulatory care centre. This facility includes dedicated accommodation which is used for the care of cystic fibrosis patients who do not require admission. The unit allows for appropriate segregation of patients to ensure improved infection control. The new accident and emergency department at St. Vincent’s Hospital also includes single room accommodation which may from time to time be used for the care of cystic fibrosis patients under the specialist team. St. Camillus’s ward was also fully refurbished and redesig- nated to provide 15 additional respiratory beds. In total, 63 beds at St. Vincent’s Hospital are used for respiratory or cystic fibrosis services. The next stage in the development of St. Vincent’s Hospital will involve the building of a new ward block to replace existing accommodation. The new facility will consist exclusively of 214 Cystic Fibrosis: 9 April 2009. Motion single rooms for inpatients. The facilities required for the cystic fibrosis community will be a decision for the medical team at the hospital to make from time to time. The provision of en suite, single rooms for inpatients is the hospital of the future. The new facility will include appropriate isolation facilities and accommodation for cystic fibrosis patients as required. I am pleased we have found a way to allow the project to proceed to tender so that it can be operational as early as possible in 2011. The project will proceed on the basis that payment to the contractor will be made at the end of the construction phase. This is a different way of funding the project as it involves the construction company financing the development up to the final phase of construction. The method previously envisaged for this project would have involved staged payments throughout the construction period. This represents a genuinely innovative way to deliver the project. In the current challenging environment we need to find new solutions and devise new ways of progressing important projects such as this. This is one of them. The project has been always a priority for me. I now want to see it progressing with the urgency that is required. The HSE is also working with St. Vincent’s to identify opportunities for patients who do not require tertiary level care to be treated closer to home. Arising from the significant regional investment made since 2006, patients can increasingly avail of services at local level. This should help to reduce the level of demand at St Vincent’s, and ensure the hospital can focus increas- ingly on the provision of highly specialised tertiary level care. The Government has also sup- ported a range of other important measures to improve the quality of services for people with cystic fibrosis. These include screening and the establishment of the national heart and lung transplant programme at the Mater Hospital. The HSE’s expert advisory group on children and families has produced a very useful draft policy document on the introduction of a cystic fibrosis screening programme. Its recom- mendations include the establishment of a steering group to oversee its implementation and to ensure coherence with the development of other relevant services. The steering group is to be established later this year and will oversee the roll out of the screening programme. Funding for the introduction of the screening programme for newborns has been set aside in the 2009 service plan and will begin this year. The national heart and lung transplant programme at the Mater Hospital has been in place for a number of years. The programme services patients with a variety of conditions, including cystic fibrosis. Ireland also has a formal agreement with Freeman Hospital in Newcastle for heart and lung transplantation procedures. Regarding organ donations, the protocol is that all heart and lung donor organs are first offered to the transplant unit at the Mater Hospital. If these organs cannot be utilised by the Mater Hospital, the national co-ordinators notify the Freeman Hospital as appropriate. The first patient with cystic fibrosis received a transplant in the Mater Hospital in 2007. It is well documented that finding suitable donors for cystic fibrosis patients can be very challenging. There are stringent clinical criteria for the acceptability of organs for heart and lung patients, in particular for young patients. The particular challenge for Ireland and the UK is the avail- ability of good quality double lungs. This is supported by the small number of patients with cystic fibrosis who are transplanted overall. The HSE aims to optimise donation and recovery to ensure that programmes like the national heart and lung transplant service continue to expand and meet the needs of our patient population. The developments I described are comprehensive, important and represent tangible evidence of the commitment shown by the Government to improving services for cystic fibrosis patients right across the country. I am conscious that further improvements are required, including the need to develop community outreach services and to facilitate the treatment of patients outside 215 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Mary Harney.] the hospital setting where appropriate. Taken together, the developments that have already taken place and the developments currently at planning stage represent a significant improve- ment in a three year period in the quality of services for people with cystic fibrosis.

Deputy Noel Grealish: I am very happy to be taking part in this debate today. Since last Friday, when the Opposition notified the House that it intended to use Private Members’ time to raise its concerns about cystic fibrosis, the Minister, Deputy Harney made a significant announcement regarding the development of the facility at St. Vincent’s Hospital in Dublin. The announcement has been welcomed by the Cystic Fibrosis Association and I wel- come it today. The announcement makes it clear the Government continues to be fully commit- ted to developing the specialist unit for cystic fibrosis at St. Vincent’s Hospital and is deter- mined to have it in place early in 2011. I can understand the concern expressed by people with cystic fibrosis and their families in recent weeks when it was reported that there might be a significant delay in building this facility. However, knowing the Minister, Deputy Harney, as I do, I never doubted for a moment that she would explore every single avenue to ensure the commitment to build this facility would be honoured at the earliest possible time. It is understandable that people with cystic fibrosis feared there might be a long delay when it was made clear to the Joint Committee on Health and Children two weeks ago that there were problems regarding getting the capital funding to pay for the new block. However, at no stage did the HSE say a decision had been made to put off the construction of the building. In an article in The Irish Times yesterday, it was stated the HSE had announced that the construc- tion would be delayed until 2011 at least, but that is not correct. The HSE made it clear there were problems with the money, but there was no problem in terms of a determination to find a solution. For weeks there has been considerable discussion involving the Department of Health and Children, the HSE and St. Vincent’s Hospital aimed at finding a way to deliver the building on schedule, despite the difficulties with the funding. I compliment the Minister, the HSE, St. Vincent’s Hospital and others on coming up with a creative new solution to make sure this 120 bed new ward block is built and in place by early 2011. The HSE will put the project out to tender in a number of weeks. It will invite interest from builders who will construct the new unit and essentially take payment for the building when it is completed. The announcement shows a capacity for lateral, creative and strategic thinking, backed up by a method and organisation that will have to be the hallmark of our health services as we move forward in these difficult economic times. I am proud to be able to say that since Deputy Harney became the Minister for Health and Children there have been many significant developments in upgrading the level of care avail- able to people with cystic fibrosis. It was she who identified the development of cystic fibrosis services as a policy priority in the wake of the Pollock report. The Health Service Executive multidisciplinary working group, which was set up in the wake of the receipt of the Pollock report, targeted a number of hospitals around the state to be developed as specialist centres. St. Vincent’s Hospital was designated by the Minister as the national adult referral centre, while the Children’s Hospital in Crumlin was designated as the national referral centre for paediatric cystic fibrosis. Some \7 million in additional funding was provided to develop services between 2006 and 2007 alone and, as the Minister explained, in many centres around the country extra staff have been provided, across a range of disciplines, to provide specialised care for people with cystic fibrosis. Professor Brendan Drumm, speaking to the Joint Committee on Health and Children two weeks ago, said there has been a significant spend in tackling cystic fibrosis across the 216 Cystic Fibrosis: 9 April 2009. Motion country and that we have developed what are, by international standards, very large multi- disciplinary teams right across the country. However, he added, “we hope to see the depen- dency in bringing young people with cystic fibrosis to hospital diminishing rapidly”. As he put it, the system should be focused, treating people with cystic fibrosis in their homes rather than having them come together at risk to themselves. While it is understandable and correct that there be a strong concentration on the delivery of the new cystic fibrosis unit in St. Vincent’s Hospital in Dublin, it is also important to recog- nise the real improvements that have taken place in recent years to provide care, in the optimal setting, for people with cystic fibrosis. Opposition parties have criticised the current proposal regarding the development at St. Vincent’s Hospital as being vague. I reject that and will tell the House why. As we enter these more difficult economic times, what matters most to policymakers is having a clear sense of priorities. In the good times people prepared a wide list of all their requirements and naturally lobbied for their delivery. In the difficult times people have to discriminate. They have to decide which services are crucial and then make sure they are delivered. There will be times when beneficial services will have to be denied in favour of other services which are considered vitalto the patient. The Minister, Deputy Harney has made clear that the delivery of the new block in St. Vincent’s enjoys the level of vital priority status. I am confident that any obstacle that might present itself will be overcome by the Minister working with the HSE and St. Vincent’s Hospital.

Deputy Sea´nO´ Fearghaı´l: I am grateful for the opportunity to contribute, albeit briefly, to this important debate on the provision of services for people with cystic fibrosis in Ireland. While I strongly support the Government motion, I thank Fine Gael for providing us with an opportunity to discuss what is for many young Irish citizens — just over 1,000 of them — an issue of life and death. Given the prevalence of this chronic illness in Ireland, every Member of the House has ongoing personal experience of people directly affected by the condition. We have seen at first hand in our own communities and constituencies the devastating impact this disease can have on the lives of young sufferers and their families. The manner in which we deal with the issue highlighted in the Government amendment challenges us all directly in terms of our relevance and efficacy as individual politicians and members of political parties. Most of all, however, it challenges the Government, even in the difficult economic climate in which we now find ourselves, to do what is right, decent and humane. Since 2006, as other Members have said, significant progress has been made in terms of additional medical, paramedical and financial support for sufferers. It is generally accepted — with the exception of the isolation units, which the Minister has now confirmed will proceed——

Deputy James Reilly: Yet again.

Deputy Sea´nO´ Fearghaı´l: ——that a high-quality dedicated support system is now in place across the country, with St. Vincent’s hospital at its centre. In light of calls for more localised provision, we do need clarity, and I urge the Minister and the HSE to address this matter as soon as possible. In Ireland we have a frighteningly high incidence of this condition. One in 19 people is a carrier, and a child of two carriers has a one-in-four risk of symptomatic illness. The incidence in Ireland is approximately one in every 1,400 babies born. This compares with an incidence of one in 4,000 in the United States; incidentally, the incidence among the Asian-American 217 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Sea´nO´ Fearghaı´l.] community is just one in 32,000. The statistics serve to illustrate that this illness must be prior- itised in terms of health policy. Due to the high incidence of the condition, we need not just to support sufferers but to build on the expertise developed in this area and work to make Ireland a centre of excellence in the area of CF research and patient management. Already the HSE has funded the development of a CF register to record relevant data which could be put to such use. With this condition, early diagnosis is key to achieving optimal care and outcomes. Many countries are now implementing neo-natal screening, often included in the Guthrie heel-prick test. This can provide a diagnosis within the first week of life, as opposed to some unfortunate circumstances in which a child could be of school-going age before diagnosis is confirmed. In such cases valuable time has been lost where early aggressive management could have been initiated. It is important, therefore, that we move rapidly to the point where we have universal routine screening for CF at the neo-natal stage. In addition, this early diagnosis would offer parents the opportunity to seek genetic counselling at a much earlier stage than might otherwise be the case. As with any illness, there are three aspects to patient care which need consideration; namely, the physical, psychological and social elements. As politicians the greatest impact we can have is by ensuring that an appropriate and safe environment is provided to minimise the exposure of susceptible patients to potentially life-threatening infections. Hence the need to proceed urgently with the delivery of the specialised units. The psychological well-being of a person is as important as his or her physical health. A child with CF can feel isolated, as can any child with a significant chronic illness, due to prolonged hospital stays. The childhood of those with CF tends to be shorter than most because of the realities of serious illness. Teenage years are difficult at the best of times, but for the CF patient there is the added realisation of premature mortality. It is essential, therefore, that we provide the necessary psychological and counselling supports and ensure an environment exists in which CF patients can live their lives to the full and realise their true potential. We know the impact of this disease on patients’ loved ones, and we therefore acknowledge that the introduction of the dedicated units will at least significantly reduce the fear that is currently associated with hospital admissions and the risk of hospital-acquired infections. In the pioneering manner in which the Minister, Deputy Harney, is proposing to address this matter, the Government is demonstrating, as it must, a true and tangible commitment to giving CF the high priority it deserves. It would be remiss of me not to pay tribute to the young Kildare woman Ms Orla Tinsley, whose courageous campaigning and highly effective communication skills have resulted in unprecedented levels of public and political awareness of CF, to the benefit of sufferers throughout the country. In doing so she has by her personal example demonstrated to other people with this condition how substantial their personal achievements can be. She has also shown young people in general what can be achieved by targeting their energy, ability, idealism and clarity of thought towards issues of importance in our society. I commend the Minister on her pioneering action and I commend the amendment to the House.

Deputy Jan O’Sullivan: I with to share my time with Deputies Upton, Tuffy and O´ Caola´in. I regret the Minister is no longer in the House to hear my first point. While I profoundly disagree with the various comments Deputy Shatter made about Palestine, I consider it entirely unworthy of the Minister to seek to devalue his contribution in this important debate by linking it to what he said about a totally unrelated issue. 218 Cystic Fibrosis: 9 April 2009. Motion

Deputy James Reilly: Hear, hear. She is deflecting from her own inadequacy.

Deputy Jan O’Sullivan: I am sorry the Minister is not here to hear this. The difference between Orla Tinsley and the dodgy developers whose loans are being taken on by the taxpayer is not just that she is courageous and that she has cystic fibrosis. It is that she has become a household name and they have not. We all met Ms Tinsley outside the Da´il last week. She said she was sick of having to expose her personal life and her health in public again and again, having to talk about her friends who are now dead, and having to fight battles they thought they had already won. This is the kind of country we are in now. A solemn promise made by the Government to deliver a vital health unit at an agreed time can be casually cast aside. It might be delivered a year later if the private sector is so minded. Ms Tinsley knows that if the unit is to be in place in 2011, she will probably have to go out again to tell people about the reality of hospital stays for CF sufferers. People who are sick are among the little people in this country who have to take the knocks. On the other hand, those who took out large loans from the banks to make more money than they already had — which was more than enough already — and got caught in the property crash remain anonymous. If they continue to live a high life while the taxpayer takes on their bad assets, we will not know about it, because we will not know who they are. They are unlikely to have to plead their case outside the Da´il as the CF sufferers did. The hurt they will suffer is on their “first call equity”, according to Peter Bacon this morning on “Morning Ireland”. I do not know what that means, but I doubt it will hurt as much as the pain of those who wait in the health system, including those with CF. I do not think the Government understands how angry the public are as a result of this. We need a new Ireland in which these people are proportionately included in sharing the pain. I commend Deputy Reilly and Fine Gael on tabling this motion, which is very important not just for those who have CF and their families, but for the kind of Ireland we want to live in, where promises are kept and where those who need the health services to deliver the best of care to them do not have to take to the streets. I am thinking of the husband of the late Ann Moriarty, who will have to face the media later today when the report into her death and Ennis General Hospital is published, or Susie Long, who first went on the airwaves under a false name because she did not want to be publicly exposed but subsequently felt obliged to. I am also thinking of Rebecca O’Malley and many others who have had to fight for their rights and for the recognition of their needs in the health service, while other people who have bled the country dry can stay anonymous. This is appalling, and many people in Ireland are beginning to wonder what we have become. This debate is central to the issue. Deputy Shatter quoted his question of 31 January 2008 to the Minister. I also had a matter on the Adjournment that day, and the response, delivered by the then Minister of State, Deputy Devins, was exactly the same as that read by Deputy Shatter. When I was making my contri- bution that evening I asked for a definite commitment to the building of a special unit, and the Minister of State gave a solemn promise that it would be delivered within the 24-month time- frame. That promise was not delivered. While we welcome what the Minister has said, we share the scepticism of cystic fibrosis patients, who do not know whether they can believe that this new commitment will be delivered upon. Sufferers of this condition are vulnerable enough without having to worry about whether adequate facilities are in place to provide the treatment they will need throughout their lives. We have been reminded in recent days that Ireland has the highest incidence of cystic fibrosis in the world, as well as the worst strain of the disease, but that our treatment facilities are among the poorest in Europe. I thank the Minister, Deputy Harney, for putting on record the 219 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Jan O’Sullivan.] commitment to introduce a screening programme for newborns, for which \1.6 million has been provided by the Health Service Executive in its 2009 service plan. However, those of us who deal with health matters are aware of instances where money has been set aside for new developments in areas such as palliative care, mental health provision and disability services only for that money to be subsequently used for other purposes. We will watch carefully to ensure the promised screening service is delivered. In the course of my contribution on 31 January 2008, I referred to the views put forward by Dr. Gerard Canny of the cystic fibrosis unit at Our Lady’s Hospital for Sick Children in Crumlin. Dr. Canny has called on several occasions for the introduction of a screening prog- ramme, which he observed was in place in Northern Ireland since 1983. In a letter to the newspapers on 31 January, Dr. Canny argued that what is needed is a continuum of care from babyhood to adulthood, with treatment provided by multidisciplinary teams and patients cared for in dedicated inpatient wards with single ensuite rooms to prevent cross-infection. The Cystic Fibrosis Association has stated in recent days is that unless a stand is taken on this issue now, there can be little hope that the required facilities will be put in place in Galway, Limerick, Cork, Waterford, Castlebar, Drogheda and Dublin. There is much scepticism about the promise made by the Minister and reiterated today, mainly because the initial commitment will not be fulfilled within the agreed timeframe and the fulfilment of this new promise will be dependent on the good will of the private sector in accepting a payment arrangement devised by the Minister and the Health Service Executive. This is not the way we should deliver public health services, particularly for people as vulner- able as cystic fibrosis patients. There is no certainty for these patients, a point emphasised by Orla Tinsley in her response to the latest development. She began her statement by thanking the Minister, Deputy Harney, but went on to describe “mixed emotions of relief and uncer- tainty”. This uncertainty must be a feature of our response to any promises given by the Mini- ster. She has already broken her initial promise to cystic fibrosis patients; she broke her promise regarding the introduction of a HPV vaccine; and she has broken various promises in regard to mental health services and services for people with disabilities. Therefore, while we welcome the indication that the promised unit will be delivered, albeit a year later than originally promised, the problem is that we cannot be sure this will be done. People with cystic fibrosis, whose lives are threatened on a daily basis by their illness, can have no certainty in this regard. In her articles, Orla Tinsley describes in detail what it is like to go into the accident and emergency unit of a busy acute general hospital and to be told that no isolation beds are available and that she must endure the threat of cross-infection. Cystic fibrosis patients are terrified to be in hospital but equally terrified not to go to hospital because the nature of their disease is such that hospital care is necessary at times of acute illness. I fail to understand how it has come to this. The Minister offered an explanation today when she spoke of consultation on the design of the unit. This is the first I have heard of it. Why has this suddenly been placed on the table? Whatever the reason for the delay in the provision of this vital service, what is equally disturbing is the casual manner in which the change of plan was communicated. Included in a raft of documentation delivered to the Oireachtas Committee on Health and Children in response to a range of queries was the casual revelation that, after all, the Health Service Executive did not expect to be able to deliver on its promise until at least 2011. This shows callous disregard for the effect of this information on those whose lives are directly affected by it. I reiterate our strong support for the Fine Gael motion. Cystic fibrosis patients deserve better than this.

220 Cystic Fibrosis: 9 April 2009. Motion

Deputy Mary Upton: I thank Fine Gael for bringing this motion before the House. St. Vincent’s Hospital is the national centre for the treatment of adult cystic fibrosis patients. I acknowledge a personal interest in the debate in that for a period of 15 months, I was a regular visitor to the cystic fibrosis ward in that hospital. I assure anybody who has not been there that the descriptions by Orla Tinsley and her friends of the appalling conditions there are no exaggeration. Cystic fibrosis patients, who are highly vulnerable and susceptible to infection, are frequently placed in a six-bed ward, often alongside elderly incontinent patients or patients with various infections. It is a very high-risk environment for them. This situation is entirely unacceptable. Nevertheless, the medical and ancillary care afforded these patients is superb. Everybody who has any part to play in delivering inpatient services is wonderful and above reproach. They do everything they can to support the patients. Like my colleagues, I tentatively welcome the announcement by the Minister that the beds will be delivered in 2011. However, as Deputy O’Sullivan said, we must be sceptical in light of the various promises that were not delivered. We will carefully monitor progress on the delivery of this commitment, which is already behind schedule. It is not just St. Vincent’s Hospital that requires support for cystic fibrosis patients. Many other hospitals throughout the State, including paediatric hospitals and hospitals with paediatric units, badly need isolation facilities. Parents have spoken to me about the conditions at Our Lady’s Hospital for Sick Children in Crumlin, for example, which are intolerable for many cystic fibrosis patients. No such patient wants to be in hospital unless it is absolutely unavoid- able and all of them would prefer to be in their own home. However, because of the seriousness of their condition and the need for medical intervention, they require periodic hospitalisation. The fear of not seeking treatment versus the fear of going to hospital is a balancing act for them. Teenagers and young adults are also in the unenviable position of having to consider a lung transplant as the only option for prolonging their life and ensuring a decent quality of life. In 2004, a heart and lung transplant unit was formally opened at the Mater Hospital. Ireland also has an arrangement with the Freeman Hospital in Newcastle for the provision of transplants. In 2007, there were 84 successful organ donations in Ireland but from these, only five single lungs and four double lungs were retrieved. Only one cystic fibrosis patient has undergone a lung transplant at the Mater Hospital since the introduction of the specialist unit. One must question the reasons for this. Ireland is the only country in Europe which performs more single than double lung transplants. The Spanish transplant authority recommends that to have an efficient transplant team, 20 transplants must be performed in a year. A similar system is in place in Belgium. In Ireland, however, only 21 lung transplants have been performed since 2005, of which only one was on a cystic fibrosis patient. Why is there such a low transplant rate in the Mater Hospital? It is not the result of a shortage of donors. We compare favourably to other European countries in this regard and we are all grateful to the families who are generous enough to donate their loved ones’ organs at a time of bereavement. Why is there a disproportionate level of single versus double lung transplants? Why is there no transplant co-ordinator in any of the intensive care units in this country? More importantly — this issue has also been raised by Ms Orla Tinsley — why should any CF patient allow their name to be placed on the Mater Hospital lung transplant list given that it is static? This situation needs to be resolved urgently for the sake of patients depending on a life saving operation that simply cannot happen in current conditions. The Mater Hospital is also the dedicated unit for the management of post-transplant patients, including CF patients. These patients are being denied the opportunity of best practice in that unit because while it has general transplant expertise, there is no dedicated CF expertise. Cystic 221 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Mary Upton.] fibrosis does not go away when a person has a lung transplant. It is important that they receive continuing after care. I would like answers to these important questions on behalf of all the young people waiting and living in hope for a lung transplant.

Deputy Joanna Tuffy: Deputy Jan O’Sullivan referred in her contribution to the type of Ireland we want the country to be. I would like to speak about the type of society which the Minister for Health and Children, Deputy Harney, and the former Progressive Democrats Party wanted us to have. To be fair, they were successful. The society they wanted to build, as partners in Government for the past 12 years, was one where inequality was a necessary part. The Government has done well in making us one of the most unequal societies. While we are not the most unequal society, we are up there in terms of inequality throughout the world. This philosophy was set out by the former Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, in 2004 whose robust defence of the gap between rich and poor in Ireland was quoted in The Economist . He said then that it was an inevitable part of a society of incentives that Ireland had become. This was in the wake of a UN report which suggested at that time that the Republic of Ireland had become more unequal during its Celtic tiger years. Credit is due to the former Progressive Democrats and the Minister for Health and Children, Deputy Mary Harney, who took on that philosophy in their policies on income tax, privatisation of public services, free marketeerism, the promotion of land speculation and gambling by bank- ers, the serving of the interests of a few in terms of their economic policies and public private partnerships which are grossly favourable to the private sector. The Government has done well in creating a more unequal society. When it comes to health, this is very much the type of approach the Minister took in her policies on the co-location of private hospitals. The Health Service Executive, HSE, spent approximately \1.5 billion over six years on private nursing homes in terms of capital reliefs to private nursing home developers and payment for beds in the private sector and so on. At the same time, the number of public beds in the system was systematically reduced. I was interested to read the statement of the Cystic Fibrosis Association of Ireland in regard to the Minister’s latest announcement which included a warning that the new funding scheme outlined by the Minister for Health and Children is so dependent on builders and bankers that it may never go ahead. This new announcement is part of the same old philosophy. I wonder what developers will get out of this. I am concerned that they will be allowed to call the shots. If it is the case that the State will not pay the developers until the unit has been completed, does this mean developers will be able to charge more for the facility? This has been the type of approach by Government for the past couple of years, namely, outsourcing to the private sector developments which end up costing the State much more. Many Members have referred to this announcement as creative, innovative and pioneering. All the Minister has done is re- announce a project, which will now commence later. On inequality, societies that are more equal are better for everybody in terms of health outcomes. We should be aiming to be a more equal society. We do badly in terms of health outcomes. This is why when push comes to shove a unit like this is dispensable. So many other areas of health, where the most vulnerable will be hit, will be dispensable for this Government, if its record is anything to go by. The type of Ireland we want is one which prioritises projects such as this unit, builds public facilities, provides universal health care and protects the most vulnerable unlike the budget health levy which favours the rich. We must make the most wealthy pay their share towards the building of a proper public health system.

222 Cystic Fibrosis: 9 April 2009. Motion

Deputy Caoimhghı´nO´ Caola´in: Go raibh maith agat. Ar dtu´ s, ba mhaith liom mo bhuı´ochas a ghabha´il le Pa´irtı´ an Lucht Oibre as am cainte a thabhairt dom. I thank the Labour Party for the opportunity to participate in this debate. What happened in the Da´il this week raises a fundamental question about ministerial responsibility, health policy and the strategic management of our health service. Within the space of one week we have had an announcement that funding for the Health Service Executive in regard to the development of the promised cystic fibrosis unit at St. Vincent’s Hospital in Dublin would not be forthcoming and that the unit would not be up and running, as promised, in 2010. This was followed by a further announcement by the Minister for Health and Children that the development would now go ahead and be operational as early as possible in 2011, the unfolding of which raises serious questions. The Minister’s announcement came after the nation had heard the anguish of cystic fibrosis suffers and their families. In January 2008, following a hard fought campaign by cystic fibrosis sufferers, the Minister made her original commitment. This was broken last week only to be reinstated, apparently — I add the word “apparently” because I am not yet absolutely certain this unit will be delivered — by the Minister. The question arises: what kind of exercise in ministerial responsibility is this? What does this tell us about the management and delivery of key and critical health services? Decisions that clearly have huge implications for patients are being made based on the political heat being felt by the Minister and her colleagues at any given moment rather than on the identified needs of patients in what should be a properly planned, well-managed and equitably delivered public health service. That question must be posed. There is within that question serious matters that need to be addressed. We can only imagine the emotional turmoil all of this has caused to cystic fibrosis patients, their families and many young friends in their respective communities. These people of whom we speak are young people. One of those patients, Ms Orla Tinsley, whom many of us had the opportunity to meet and greet outside the gates of this House only last week, has, it could be said, single-handedly done more than anyone to bring the reality of cystic fibrosis to the atten- tion of the country. She has done so and deserves tremendous credit for her courage and articulation of the needs of young people like her. It would be unfair not to give deserved credit to many campaigning individuals, families and organisations. The Cystic Fibrosis Association of Ireland has championed this cause over many years. In response to the latest development, Ms Orla Tinsley said she feels “mixed emotions of relief and uncertainty”. We have to understand all of that. She also said she hopes the Minister’s announcement will give “fresh hope to all people with CF around the country who are patiently waiting for dedicated CF facilities in their region”. It is appropriate to cite some of what she said. She pointed out that “by pressing on with the facilities in St Vincent’s it is acknowledging the serious lack of facilities for CF patients in our hospitals that the Department of Health and the HSE I hope will be addressing alongside the work at St Vincent’s”. Her reference to “our hospitals” is clearly a recognition of the need for facilities to be provided in all parts of the country. Such developments are absolutely essential. In the concluding part of her statement, Ms Tinsley referred to two other critical matters. First, she highlighted the need for six additional “interim beds that were promised to be deliv- ered by the end of 2008 at a site already located at St. Vincent’s”. Second, she pointed out that “the Irish transplant list” has performed just “one transplant of a Cystic Fibrosis patient in three years” and, sadly, “there are still people waiting and dying on that list”. The Cystic Fibrosis Association of Ireland has cautiously welcomed the Minister’s statement to the effect that, “the 120 bed unit at St Vincent’s Hospital, which includes the lifesaving CF Day Care Centre and 34 CF in-patient bed facility will proceed and be operational in 2011”. 223 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Caoimhghı´nO´ Caola´in.] We all hope that will be the case. I do not doubt that the Minister and her officials have noted the next part of the association’s statement, which cannot be repeated often enough. It states:

As everyone is aware promises have been made and broken before and our young people with CF are living in fear of getting their hopes dashed once more. We want our young people living with CF not to fear going into hospital which this unit will achieve for the 300 patients attending St Vincent’s, but we would ask that the Minister looks to speeding up the work, not delaying it, as the sooner we have the facilities the more young people’s lives will be saved.

The association has made it clear that 25 young people — I am emphasise that we are mainly talking about young people — with cystic fibrosis died in 2008 alone. The bottom line is that lives can be saved if the facilities and resources that have been mentioned are provided. That is what this is about. Time after time, we have witnessed the cancellation, deferment or removal of health care service provision. Such actions have been taken in my constituency by the Department of Health and Children and the HSE, which claim to be interested in patient safety. We know that their real agenda in all of this is very different. They are interested in balancing the books and pursuing certain policies, such as centralisation, over-regionalisation and, of course, privatisation. None of those issues is relevant in this instance — we need to be solely concerned with providing facilities to save the lives of people with cystic fibrosis. There can be no turning back from the most recent commitment of the Minister, Deputy Mary Harney, to complete this development by 2011. All of the elements of the project that have been mentioned by me and other speakers must be provided. It has been repeatedly pointed out that this country has the highest prevalence of cystic fibrosis in the world. In addition, Irish people tend to have the most severe types of cystic fibrosis. To our collective shame, this State has the poorest resources for cystic fibrosis patients in Europe. The truth is that successive Governments have failed cystic fibrosis patients and their families. They must not let us down again. All Members of this House will participate in canvassing operations in the weeks leading to the European Parliament and local authority elections on 5 June next. As I recall it, from my previous canvassing experiences, the most heart-breaking experience a public representative can have is to meet the families of those with cystic fibrosis. It does not matter whether one is cold-calling or canvassing a household in the knowledge that there is a cystic fibrosis sufferer in it. When one has heard the mother’s pleadings and met the beautiful young person who is coping with cystic fibrosis, despite having such limited prospects in terms of life itself, one comes away from the door of the household with a sense of helplessness because one cannot deliver what is needed to meet their needs. That must never be the experience again. Everyone in this House must pledge to ensure that the Minister delivers on her 2011 commitment. There can be no rolling back on it.

Deputy Charlie O’Connor: I would like to share time with Deputies Conlon, Dooley and Kelly and the Minister of State, Deputy Hoctor.

An Leas-Cheann Comhairle: Is that agreed? Agreed. With the indulgence of the House, I would like to wish the Deputy a happy birthday.

Deputy Jan O’Sullivan: And so say all of us.

Deputy Charlie O’Connor: I thank the Chair for his greetings, although I am not sure who told him that today is my birthday. I wish him, all our colleagues and the staff of the Houses a happy Easter. 224 Cystic Fibrosis: 9 April 2009. Motion

I welcome the opportunity to make a brief contribution to this important debate. I have listened carefully to the comments of a number of Deputies. This morning, I was impressed to hear our colleague, Deputy Finian McGrath, welcoming the progress that has been made in recent days. In fairness to him, he is clearly acknowledged as a strong campaigner on this issue, particularly with regard to the St. Vincent’s Hospital facility. That is the benchmark for this debate. I agree with those who have called on the Minister, Deputy Mary Harney, to continue to engage with the Cystic Fibrosis Association of Ireland, which I compliment on its efforts. I hope she will do so. I am glad the Minister of State, Deputy John Moloney, is here. I know he has a particular interest in this subject. It is particularly important for the Department of Health and Children to continue to listen to the concerns of parents, who should be facilitated because they are in the firing line. I do not want to repeat the points previous speakers have made. I will put this debate into context. Cystic fibrosis is an inherited chronic disorder that affects the lungs and the digestion of food, leading to frequent chest infections and under-nutrition. It affects many body functions and becomes more severe with age. It affects males and females in equal measure. I understand that for genetic reasons, Ireland has a high incidence of cystic fibrosis, relative to its European neighbours. The latest available data indicate that 1,161 people with cystic fibrosis are living in this country and in receipt of hospital services. I understand that approximately 52% of them are adults and 48% of them are children. I will focus on children’s services. Like other Deputies, I am a member of the Joint Committee on Health and Children, which is chaired by Deputy Sea´nO´ Fearghaı´l. I compliment one of the other members of the committee, Deputy James Reilly, on his efforts as far as this issue is concerned. I wish him well. Members will have heard me speaking about paediatric services on many occasions. During most debates of this nature, I am keen to comment on the future of children’s services in the Dublin region, particularly at Tallaght Hospital. In the context of this debate, it is important to point out that Our Lady’s Children’s Hospital in Crumlin, which is near 1 o’clock Tallaght, is the location of the national referral centre that provides specialist services to children with cystic fibrosis. The HSE was approached by the hospital in 2008 with regard to a proposal to develop a four-bedded isolation facility for the inpatient accommodation of children with cystic fibrosis. The hospital indicated there was an opportunity to avail of charitable support which might be pursued immediately and I understand the project is advancing accordingly. Significant investment of over \1 million since 2006 has enabled the appointment of eight consultant posts. Paediatric services are provided at other centres including Tallaght Hospital which works jointly with the team in Crumlin Children’s Hospital. These services will eventually combine in the new national children’s hospital proposed for the Mater Hospital site. That is an agenda for another day. Investment of almost \700,000 in the National Children’s Hospital in Tallaght has allowed for the enhancement of services for people with cystic fibrosis and I am very glad to support that. The hospital also provides an active research programme in cystic fibrosis infection, including national surveillance of infection control and bacteria in cystic fibrosis. For the majority of children who suffer from cystic fibrosis care is delivered on an ambulatory care basis. The Leas Cheann-Comhairle will be aware that on the north side of the city, Temple Street Children’s Hospital is currently developing a dedicated respiratory unit which will comprise a self-contained floor for the care of patients with cystic fibrosis and respiratory ailments. This will include a new laboratory treatment room, consulting rooms and walk-in access to clinical nurse specialists. The unit is due to open later this year. 225 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Charlie O’Connor.]

I prefaced my remarks by stating that such progress has been welcomed. It is important that we give people confidence and hope for the future, even in these difficult economic times. I shall continue to support cystic fibrosis patients and their association.

Deputy Margaret Conlon: I welcome the opportunity to contribute to the discussion today. We must recognise there has been significant progress in recent years in the development of services in all areas of illness but particularly for people with cystic fibrosis. There is always room for improvement and for further advances. I know and have met sufferers, female and male, young people in their teens and 20s, who are suffering from this disease. I know the considerable challenges and concerns they have and the dilemma they face on a daily basis. We have been modernising our hospital facilities so that patients requiring admission can be treated in the best possible environment. However, inaccurate reporting and political game-playing during the past week gave rise to the notion that the Government was neglecting cystic fibrosis sufferers by not providing the facility under discussion. No decision to halt or delay it was taken by the Government at any stage. When it emerged that the project might be delayed, the Minister for Health and Children, Deputy Mary Harney, took immediate steps to ensure it would go ahead. Although we are not where we want to be regarding the life expectancy of cystic fibrosis sufferers, there has been steady progress over the past 20 years. Matters continue to improve as new and improved treatments are developed. The Minister pointed out today that the oldest person on the register is 59 years of age and there are 35 people with cystic fibrosis who are over 40 years of age. All of us would like to see those figures increased. In recent years, the Government provided additional revenue funding of \6.78 million to the HSE for the development of services. A further \1.6 million has been provided by the HSE in its 2009 service plan, including provision for the introduction of a screening programme for newborns. I welcome this programme. The investment to date has facilitated the recruitment of 48 additional staff, including con- sultants, nursing and allied health professionals across a number of hospitals. This week the Minister announced that the St. Vincent’s project will proceed on the basis that payment to the contractor will be made at the end of the construction phase of the new cystic fibrosis centre. This is a totally changed way of funding such a project with the construction company financing the development up to the final phase. The former model of payment to the builder would have involved staged payments throughout the construction period. We are constantly presented with new problems and must find innovative ways to try to move along national priority building plans such as this centre. There has been major development in services for cystic fibrosis sufferers and the approach taken was informed by two significant reports. The first is the Pollock report, commissioned by the Cystic Fibrosis Association of Ireland, which was a review of existing hospital services for cystic fibrosis patients in the context of accepted international standards. The second report came from the HSE’s working group which examined a detailed review of cystic fibrosis services across the country. It identified a range of necessary service improvements, including the need to increase the numbers of consultant, nursing and allied professional staff in cystic fibrosis units nationally. With regard to screening, the HSE’s expert advisory group on children and families has produced a well crafted document on the introduction of a cystic fibrosis screening programme. Recommendations include the establishment of a steering group to oversee the implementation of this programme and to ensure coherent development with other relevant services. The 226 Cystic Fibrosis: 9 April 2009. Motion steering group will be established later this year and will oversee the roll-out of the screening programme. As a Deputy from a Border area, I am especially interested in examining further North- South co-operation. The Cystic Fibrosis Association of Ireland has made representations to the HSE in respect of persons living in Donegal for whom attendance at the cystic fibrosis centre in Belfast might be more convenient. The HSE is pursuing this through the co-ordinating body for North-South co-operation, CAWT. At present, services for adults and children with cystic fibrosis in the north east are provided in Our Lady of Lourdes Hospital, Drogheda. A paediatric clinic is held here weekly in a dedicated space which allows for the segregation of people with cystic fibrosis based on their microbiological status. An outreach paediatric clinic was set up in Louth County Hospital in 2006. I welcome the fact that this project is moving full steam ahead. It was always a priority for the Minister, Deputy Harney, and I share her view that it must progress with urgency. I look forward to the centre being opened as quickly as possible so that those people who suffer from cystic fibrosis may get the high quality care they deserve.

Deputy Timmy Dooley: I welcome the opportunity to contribute to this important debate. I have raised the matter on the Adjournment on at least one occasion. It is an opportune time to discuss it again. As a number of Deputies indicated, the matter has been brought to central focus in the past number of days because of matters evolving at St. Vincent’s Hospital. Although some people might be concerned about negative politicking by some politicians, nonetheless it has brought the issue of cystic fibrosis to the fore and in that sense there may be a positive outcome. As others noted, Ireland has a very high incidence of cystic fibrosis relative to our European neighbours and we must bear this in mind as we develop policies on an ongoing basis. Two reports have been produced. The Pollock report was commissioned by the Cystic Fibrosis Association of Ireland. A great debt of gratitude is due to that organisation for its ongoing campaigning on behalf of people, particularly young people, who have cystic fibrosis. In addition, the HSE has taken a proactive approach by producing its own reports, developed through a multidisciplinary working group. The recommendations of both reports are actively pursued by the Government. The Pollock report emphasised physical infrastructure of which the project at St. Vincent’s Hospital is very much part. I welcome the Minister’s decision to find an imaginative way to ensure that the infrastructure is developed in the current economic climate. We must consider that methodology as a way of ensuring that other infrastructural projects, not only those concerning health care but also wider community issues, are put in place on an effective ongoing basis. The HSE working group identified the requirement for consultants, nursing and allied pro- fessional staffing the cystic fibrosis units nationally. It is in that context, as a Deputy from the mid-west, that I particularly wish to speak, as I have done before. In the mid-west, adult and paediatric services for people with cystic fibrosis are provided by the multidisciplinary team at Limerick General Hospital. Services there have been enhanced by additional funding of almost \700,000 which has enabled the recruitment of additional physiotherapy, dietary and social work and medical science staff. While that is all very welcome it is now necessary to proceed with the appointment of consultants. When I spoke in the House previously commitments were given and I understand they will be honoured despite the current moratorium on staffing in the public service. For that reason, the HSE needs to make the provision of a cystic fibrosis consultant to the Mid-Western Regional Hospital. It is a priority now that it has given the go- ahead for the new cystic fibrosis unit in St. Vincent’s Hospital. The Cystic Fibrosis Association of Ireland in the mid west has been pushing for this measure to be taken for some time. 227 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Timmy Dooley.] Unfortunately that appointment has not been made. Treatment positions were advertised in February, but to date the interview panel has not been put together and therefore the process through which these roles will be filled is unfortunately moving too slowly. Based on conver- sations I have had with the Minister and the HSE, I understand an effort is being made to ensure that progresses without delay. It is a matter of great urgency particularly for the families in the region who have campaigned for so long. It would be right and fitting to make those appointments without delay. The announcement on St. Vincent’s Hospital has given considerable hope to all cystic fibrosis sufferers in terms of showing the Government’s commitment. We now need to see that trans- ferred to the regions, in addition to what was developed for the St. Vincent’s site. The latest available data on sufferers in Ireland indicate that approximately 1,161 people with cystic fibrosis are in receipt of hospital service. They are pretty well equal between male and female, and 52% are adults and 48% are children. In 2006 and 2007 additional revenue funding of almost \7 million was provided to the HSE to develop cystic fibrosis services further. It is not enough and never will be enough for those who suffer, but it shows the Government’s commit- ment even in these very difficult times to continue to provide that funding. In 2009 the HSE provided a further \1.6 million to support the development of cystic fibrosis services, including the screening programme for newborn children which is a very important element. Investment has also seen the recruitment of 48 additional staff in hospitals. While this invest- ment has facilitated the appointments that have been made, we need to progress without delay the appointment of the consultants in the mid-west region to ensure people in the mid-west and on the western seaboard are provided with the services in a manner which allows them to do their business locally. We also need to consider a wider aspect in the delivery of cystic fibrosis services, which is providing services within the community. We all recognise that hospitals by their nature are not particularly safe places. For those who suffer from cystic fibrosis, the presence in an envir- onment where there is the potential to pick up acquired hospital bugs or anything that might affect their respiratory system must be avoided at all costs. I would encourage the HSE to continue its efforts to ensure that services are provided either at home or within the community. That is ultimately the best way to ensure that cystic fibrosis sufferers have the best chance to have the best quality of life and remain outside the hospital structure. However, when someone needs to avail of the hospital structure it is necessary that the facility exists, that it can provide the best standard of care and that the personnel with the requisite skills are also available. I thank the Ceann Comhairle for his indulgence and I wish the Minister well in her endeavours.

Deputy Peter Kelly: I welcome the opportunity to speak on the motion. I congratulate Orla Tinsley on her great campaigning work on behalf of those with cystic fibrosis and their families. In the past year she has campaigned tirelessly on the subject and raised public awareness about cystic fibrosis. At the same time she has battled with her own illness. Cystic fibrosis affects more than 1,161 people here and Ireland has the highest proportion of sufferers in the world. Approximately one in 19 people are carriers of the cystic fibrosis gene. I was amazed to learn that 30 or 40 years ago a baby born with cystic fibrosis was likely to live for only a few months. Today with advances in research and treatment, the majority survive well into adulthood. Hav- ing said that, 25 young people died last year alone and this figure is far too high. Shared hospital facilities are deadly for cystic fibrosis patients. The risk of infection through sharing facilities can have life-threatening consequences. I am delighted the new ten-bed unit in St. Vincent’s Hospital will proceed and be ready for 2011. The new unit will have single units with en suite 228 Cystic Fibrosis: 9 April 2009. Motion facilities and reflects best practice in terms of infection control. I am sorry for any confusion or panic that surrounded the issue in recent weeks. However, the Minister has now given the firm commitment of a 2012 completion date. Some work has been done to help cystic fibrosis patients in recent years. Some 19 extra staff have been recruited in St. Vincent’s Hospital as part of a national initiative to improve services for cystic fibrosis patients. A total of 48 extra staff, including consultant, nursing and allied health professionals, have been appointed across the hospital system. I appreciate that this is not enough, but it is progress. I am glad that the new unit in St. Vincent’s Hospital is still a priority for the Government. The new 120-bed hospital unit, incorporating 35 private rooms for cystic fibrosis sufferers, is to go to tender. The estimated cost is approximately \40 million. The tender document needs to be drawn up with details of the new payment method. This project needs to move ahead at full steam. With the HSE, the Minister, Deputy Harney, St. Vincent’s Hospital and the Department of Finance working together, this unit should be open in 2011. Everybody welcomes this development. We will all give it our full support and encour- agement to ensure it goes ahead. The project was always a priority for the Government. There was no decision to halt or to delay it. We now look forward to it proceeding. At the moment 63 beds in St. Vincent’s Hospital are used for respiratory cystic fibrosis services. I commend the Minister for Health and Children on doing on what is right and proper, which is proceeding with this as a matter of urgency. If at all possible we wish all cystic fibrosis sufferers a speedy recovery. We hope they all benefit from better health.

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Minister, Deputy Harney, described the very significant improvements made in developing the services for people with cystic fibrosis. The Government made cystic fibrosis a top priority in 2006. She detailed the particular developments which have been, and continue to be, put in place in the national adult referral centre at St. Vincent’s Hospital. I am glad to have the opportunity to join the Cystic Fibrosis Association of Ireland in commending the Minister, Deputy Harney, on her resourcefulness in acting on this promptly and steering the project through in order that it will be operational as early as possible in 2011. I would now like to outline some of the additional improvements that have been made, other than at the adult centre in St. Vincent’s Hospital. This investment allows patients, both adults and children, to access services closer to home with a formal shared care link with a specialist centre. Beaumont Hospital has a regional centre to provide services to adults with cystic fibrosis. In 2008 a special allocation of \2.5 million capital funding was provided to enable the hospital to develop facili- ties for ambulatory care for people with cystic fibrosis. The project has gone to tender and patients will also benefit from additional single room capacity in the new medical admissions unit which is due for completion in the middle of 2009. The hospital has received additional revenue investment of nearly \700,000 since 2006 for the development of cystic fibrosis services. In the HSE region south, Cork University Hospital provides adult services to approximately 110 adult patients and paediatric services to 80 children. The HSE has agreed in principle that new facilities for adult patients with cystic fibrosis will be developed in the Cork University Hospital main campus. In the interim, plans are being advanced to provide for a day-care facility which will provide dedicated day-care space until the site development plan is fully developed. Additional revenue funding of over \1.1 million has been provided at Cork Univer- sity Hospital since 2006 for the development of cystic fibrosis services. In the west, University College Hospital, Galway, has received additional revenue funding of over \100,000 to develop services. A plan to provide interim facilities for people with cystic fibrosis in a modular building is also being progressed there with support from voluntary agencies. 229 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Ma´ire Hoctor.]

In the south east, Waterford Regional Hospital treats 33 paediatric patients with cystic fibrosis. Approximately 80 young adults within the south-east catchment area attend either St. Vincent’s University Hospital or Cork University Hospital. Waterford Regional Hospital has received additional funding of over \200,000 since 2006. In the mid-west, services are provided by a multidisciplinary team at Limerick. Services have been enhanced by the additional funding of over \700,000 which has enabled the recruitment of additional specialist staff. Two consultant posts, for a consultant paediatrician with a special interest in respiratory medicine and a consultant respiratory and general physician with a special interest in cystic fibrosis, have been approved and the posts were advertised with the Public Appointments Service. It is anticipated that those interviews will take place shortly and that the successful candidates will be in their posts by the middle of this year. In the north east, services are provided at Our Lady of Lourdes Hospital in Drogheda and an outreach paediatric clinic was also set up in Louth County Hospital in 2006. The Cystic Fibrosis Association of Ireland has made representations to the HSE in respect of people with cystic fibrosis living in Donegal for whom attendance at the cystic fibrosis centre in Belfast might be more convenient. The HSE is pursuing this through CAIT, the coordinating body for North-South cooperation and this is a very welcome initiative. Significant developments and improvements have been made at the hospitals in Crumlin, Tallaght and Temple Street. The significant investment of \1 million in 2006 in Our Lady’s Hospital for Sick Children in Crumlin enabled the appointment of additional staff. The hospital approached the HSE last year with a proposal to develop a four-bed isolation facility for children. The hospital indicated that there was an opportunity to avail of charitable support which could be pursued. I am pleased that the project is being advanced. Paediatric services are also provided at the National Children’s Hospital in Tallaght and there are two respiratory physicians there with an interest in cystic fibrosis. Since 2006 there has been additional investment of almost \700,000 in the hospital at Tallaght. The hospital also runs an active research programme in cystic fibrosis infection including national surveillance of infection control bacteria. Temple Street Hospital is developing a dedicated respiratory unit with a self-contained floor for the ambulant care of cystic fibrosis and respiratory patients. It is to include a new respiratory laboratory, treatment room, consulting rooms and walk-in access to the clinical nurse specialists and is due to open later this year. Additional investment of over \500,000 has been provided to the hospital since 2006. It is clear from the investment I have described that huge progress has been made at centres across the country since the Government prioritised in 2006 the development of cystic fibrosis treatment nationally. The additional improvements which are planned will serve to further enhance the level and quality of services available to patients.

Deputy John O’Mahony: I wish to share time with Deputies Carey, Terence Flanagan, Olivia Mitchell, Ring, McEntee and Deenihan. Will the Ceann Comhairle please wield the axe when I reach six minutes?

An Ceann Comhairle: That is very generous of the Deputy. It is agreed.

Deputy John O’Mahony: There is a very enthusiastic bench here. I am delighted to speak on this motion and applaud Deputy Reilly and my party for bringing it forward. 230 Cystic Fibrosis: 9 April 2009. Motion

I welcome the Minister’s and Government’s reversal of the decision to postpone the building of the dedicated cystic fibrosis unit at St. Vincent’s Hospital. I applaud Orla Tinsley for leading a masterful campaign on behalf of cystic fibrosis sufferers in this country that brought about this reversal. No doubt this Fine Gael motion and the pressure from the House had a part to play too. Will the Minister of State confirm whether the completion of this project by 2011 is conditional on finding a developer who can wait two years for the money or are we going to find in nine months’ time that there will again be a problem? I ask because the Government’s record in caring for cystic fibrosis sufferers has been appal- ling. Cystic fibrosis sufferers and their families have, on the one hand, had to try to look after their family members who are suffering and on the other, lead campaigns on radio and TV shows to raise awareness and keep their campaign going. The promises are made when public opinion is on a high but when it dies down the Government backtracks and the cycle must start again. I hope that this latest commitment is not another part of the cycle that has continued for many years. Cystic fibrosis sufferers and their families are exceptional people. Many parents of CF suf- ferers have given up their jobs and careers to care for their children, without complaint. They seek only basic supports. In my constituency, for example, the Mayo Friends of Cystic Fibrosis are attempting to build a standalone, three-bedroom unit for the 40 or so sufferers and patients in our county. The group needs in the region of \300,000 to complete the project this year. All the money is being raised voluntarily as the agency with responsibility for health care, the HSE, will not contribute to the cost of the project. I do not need to list the examples of wastage in this country in the past ten years, ten months and I presume in the past ten weeks, that would completely pay for this project. In some ways the care situation for CF patients in Mayo is good because of the dedication of the team under Dr. Michael O’Neill, but there is only so much that can be done when the facilities are found wanting. When an adult CF patient in Mayo needs hospitalisation he or she has to attend the paediatric ward. There is only one medical treatment room for the entire ward. That can mean waiting a long time to be seen by a doctor which increases the chances of exposure to an infection. There is no outpatient facility apart from the CF clinics which are held three times a year. Most patients are treated under a dual care system with a Dublin hospital. That means visits to Dublin and because of the many horror stories associated with such trips, patients are, naturally enough, reluctant to travel. One patient was admitted to Beaumont Hospital last year for vital treatment but on arrival in Dublin there was no bed for him and he was given a bed in a nursing home. He was exposed to potentially lethal infections and did not have the treat- ment that he was supposed to have. CF care in Ireland, despite the best efforts of the professionals and the families, is light years behind what it should be. It is underfunded and underresourced. It is as if, because of its being a life limiting condition, the authorities do not really believe that they should be investing in it for the long term. It is an appalling indictment of a system that is supposed to care. If this is caring then I would hate to see what non-caring is. I have given some of these facts relating to my own county to help people understand that although Ireland has the biggest incidence of cystic fibrosis in the world, sufferers here die an average ten years earlier that their counterparts in Britain or the US. I ask for support for this motion so that cystic fibrosis sufferers will finally get the medical care they deserve.

231 Cystic Fibrosis: 9 April 2009. Motion

Deputy Joe Carey: Ireland has the largest incidence of cystic fibrosis in the world. Despite this fact, patients in Ireland have a ten year shorter life expectancy than their counterparts in Northern Ireland. It is a damning indictment of the Government and the Minister for Health and Children that this should be allowed to happen. Cystic fibrosis sufferers have been ignored. Their life-threatening condition has been swept under the carpet for far too long. People living with cystic fibrosis have the ability to live full, active productive lives with normal life expect- ancies, provided the correct facilities and treatments are in place in our hospitals. It is four years since the publication of the Pollock report and ten days ago the Minister made another attempt to long-finger the capital development works proposed for St. Vincent’s Hospital. The provision of the promised 120-bed facility with 30 en suite rooms at St. Vincent’s Hospital is essential if this State is to adequately provide for cystic fibrosis sufferers. In the last year alone, 25 cystic fibrosis sufferers have died. For this reason the Minister must deliver on the political commitments she gave this House and the people of Ireland on the development of St. Vincent’s Hospital. I want to draw attention to the plight of cystic fibrosis living in the mid-west, where sanction has been granted for two consultant positions based in Limerick Regional Hospital. These positions will serve both adults and children suffering from cystic fibrosis. For the first time the region will have respiratory consultants with specific skills in the treatment of cystic fibrosis. These positions have been advertised and applications have been received, but this process has been ongoing since the original commitment was made two years ago. I ask the Minister, Deputy Harney, to intervene with the Public Appointments Service, where this matter rests, and urge it to immediately move to interview stage and make these vital appointments as soon as possible. The exact same position applies for the specialist nursing staff required. Again, I insist that no barriers be placed in front of this process. Advertising has commenced and appli- cations have been received. The other element of service provision in the mid-west is not as advanced. I speak of the position of physiotherapists for adult sufferers of cystic fibrosis. It is incomprehensible that there is not a cystic fibrosis physiotherapist in place for adult patients in Limerick. I asked the Minister to expedite this process with the national employment monitoring unit of the HSE allowing the position to be advertised. The Minister has identified the development of cystic fibrosis services as a policy priority of the HSE since 2006. What has happened here over the last number of weeks is disgraceful. How many times do cystic fibrosis sufferers have to use the media for the Minister and her Government to take the matter seriously and deliver on their commitments without trying to weasel their way out of them at the latter stage? A shameful pattern is developing with the cervical cancer vaccine and cystic fibrosis. The Minister and the HSE show an amazing ability to concentrate on the reneging of promises on health care delivery while sailing on regardless with more and more bureaucracy in clinical directorships, reviews of service provision and reinventing the HSE wheel on a more regional basis. I ask the Minister to deliver on time for cystic fibrosis.

Deputy Terence Flanagan: I thank Deputy Reilly for bringing this motion before the House and commend him on all his campaigning work for cystic fibrosis sufferers. I fully support this motion, which calls on the Minister for Health and Children to ensure the much needed and life saving cystic fibrosis unit at St. Vincent’s Hospital is brought on-line immediately. This Government gave a public commitment in 2008 that it would build 34 single, en suite rooms for cystic fibrosis patients. Last week the Government stated it will not provide these beds until 2011 at the earliest. This is devastating news for all cystic fibrosis sufferers, as only eight en suite rooms are available to cystic fibrosis patients. It was promised that this unit would 232 Cystic Fibrosis: 9 April 2009. Motion be delivered by 2010 and now it has been put back until 2011. There has been no tendering for the project and we are not sure whether it will happen by 2011. Last week, the Cystic Fibrosis Association was forced to take renewed action in a bid to get the promised services its members require to survive. It launched the campaign, Irish War Crimes, which is fighting against political negligence of their illness. I commend Ms Orla Tinsley who launched this campaign and has urged this Government to deliver on its promise to provide this much-needed unit. Approximately one in 19 people in Ireland are carriers of the cystic fibrosis gene and where two carriers parent a child together, there is a one in four chance of the baby being born with cystic fibrosis. As already stated, Ireland has the highest incidence of cystic fibrosis in the world, with 1,135 sufferers. Life expectancy is much lower in the Republic than in Northern Ireland, and the Government must tackle this. Because of a lack of neonatal screening, home care and supports for sufferers and families and isolation beds for suffers of the disease, it is more difficult for somebody who suffers from cystic fibrosis to lead a normal life. We were promised a neonatal screening process for cystic fibrosis patients, but just like the Government’s failure to deliver the beds at St. Vincent’s, it has failed to deliver a roll-out of this national neonatal service for cystic fibrosis patients. This could be changed overnight if the political will existed to deliver proper cystic fibrosis services. I raised an issue in the Da´il on a number of occasions, once with Deputy Reilly and once on the Adjournment. The issue involves a parent who has two young daughters, one aged two and a half and one aged ten months. These children were using the high-frequency compression vests which the HSE was providing, however, sadly, this support is no longer being provided. These vests cost only \13,500 each, including VAT. They made a major difference to this family. Where only one parent was available to provide the physiotherapy to one child at a time it took much longer and the children did not like being moved around for physiotherapy. The vests greatly improved the quality of life for the children. This must be re-examined by this Government considering the amount of money that is being squandered.

Deputy Olivia Mitchell: I welcome the opportunity to speak on this motion for obvious reasons, but also because it typifies the lack of coherence and planning that goes into so many of our health services. One would think that where we have a predisposition to a disease we would have developed some expertise in the management and treatment of it. As a nation we have a genetic predisposition to cystic fibrosis and this has been known for years. It comes as no surprise to those who plan our health service. One would have thought against that back- ground that a thinking Government and forward-planning health service would have built a world-class service for sufferers, that we would have become a repository for research-based knowledge in the management and treatment of the illness, that we would have become the experts, have had services second to none and have been the model for the rest of the world, which would come to us to see how to treat cystic fibrosis. However, our services cannot even provide sufferers with a clean bedroom. With such a high incidence of the disease, by now we should have developed services that would give the best possible outcomes to sufferers. They should have a high life expectancy, instead people with cystic fibrosis here die younger than do sufferers from the disease in most other European countries. The rate in that respect is certainly higher here than it is in our near neighbour, which does not have anything like the incidence of the disease Ireland has. Some of my colleagues have said that people with cystic fibrosis are extremely prone to infection. We are all prone to infection. Infection is not good for any of us, but we can fight it. However, for these sufferers, it can be fatal. The health service exposes them to infection not when they are well but when they are sickest, when they have to go to an accident and emer- gency department when their health is already compromised. It is no wonder they are out 233 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Olivia Mitchell.] campaigning on the streets despite the level of their illnesses. When they are transferred from an accident and emergency department to a hospital bed, they do not even have a room or toilet to themselves. The toilets in some of our hospitals, even if they were used by people who were not sick, are no joy to behold. I have visited the toilets in St. Vincent’s Hospital and I have received endless complaints about them. I have not seen the toilet facilities in the new buildings and cannot speak about them but in the older part of the hospital, they are not facilities one would like to be sharing with anybody. My first exposure to cystic fibrosis was in the general election campaign in 1997 when a neighbour’s son, who was the same age as my son, died tragically waiting for a heart-lung transplant. As a result of the campaign at that time the heart-lung transplant unit was built in the Mater Hospital. I mention this because it is another example of the absence of any kind of coherent planning to develop the full range of services required. Some of my colleagues have said that only one cystic fibrosis patient has had a transplant operation since the unit was built. That was the medical advice at the time but nevertheless it went ahead. To start with the provision of a Rolls Royce unit, the heart-lung transplant unit, when the very basic facilities are not provided, when there is not even a clean bedroom for such patients, is a nonsense. At best, it is bad planning and, at worse, it is criminal. This is another example of the Government’s ad hoc approach, with the provision of these services being on and then off. The services for such patients throughout the country are deficient or are being provided by means of fundraising. Various Government backbenchers have said such provision has been a priority for Government since 2006. If it has, what hap- pened in terms of the recommendations in the Pollock report produced in 2005? The lack of planning continues. I would be extremely sceptical about giving a builder or developer in the private sector the responsibility of carrying the cost of building the proposed unit until it is completed in two or three years time. It is not realistic. Most builders cannot carry the cost of their wage bill until this weekend, never mind for two years.

Deputy Michael Ring: I am delighted to make a brief contribution to this debate. I compli- ment my colleague, Deputy James Reilly, who has been passionate in highlighting this issue; he has certainly put it on the agenda. People were very disappointed again last week when they thought that work on this unit would not go ahead. Some 40 people suffer from cystic fibrosis in County Mayo. The families concerned find it difficult to source services in rural areas. I attended a public meeting on this issue last year at which I heard how the people with cystic fibrosis and their families are affected by the disease and how the sufferers cannot afford to contract an infection. Commitments were given by the Government to provide for them. The Minister, Deputy Harney, gave such a commitment again this week. I am glad Deputy Reilly continued the debate on this issue today because it is our duty and job to make sure that this proposed unit and the necessary services and facilities are put in place. If we do not make money available to provide for such people, then we have no society. Having regard to the recommendations in the report on this issue, these people have been waiting for these services for many years. It would be wrong to disappoint the most vulnerable people, those who are sick and who need the services most. A great deal of money is being wasted by the Government on myriad schemes. The money that is being wasted on e-voting machines could be allocated to fund services for these people. Other wastage has been highlighted on a regular basis. The Committee of Public Accounts examines matters in Departments on a weekly basis. It is wrong that people should have to beg for the provision of services and have to give interviews on radio stations to seek vital 234 Cystic Fibrosis: 9 April 2009. Motion national services. It is wrong that people are worried about their health and are afraid they will not get the service they need when they need it most. The Minister for Health and Children talks a good game and she has done so for a long time. It is important to ensure that services are up and running as soon as possible. I thought that the building of the proposed unit would be almost complete and close to being in operation now, but instead we hear that we have to wait for people to be appointed. That is not right and is not good enough. It is not fair to the 40 sufferers in County Mayo who I represent or to sufferers nationally who are depending on these services. Cystic fibrosis is a cross in itself that has to be carried by the sufferers; they should not have to worry about getting the services they badly need. I hope the Minister for Health and Children will make this political promise a priority and ensure it is delivered on. If not, my colleague, Deputy James Reilly, will table a further motion before the end of this year. If we do not see progress on such provision from the Department of Health and Children and from the Minister, we will keep highlighting this issue. My col- leagues and I will put pressure on the Government to deliver. People should not have to be depending on Ministers for this; the necessary services, on which people rely, should be in place. It is wrong that this issue is the subject of another motion in the Da´il. It is wrong that people had to highlight this issue again on the radio this week. They thought that it had been dealt with, but that was not the case. I hope we do not have to table another motion in the Da´il on this matter and that what has been promised and committed will be delivered on.

Deputy Shane McEntee: I am thankful for the opportunity to speak on the motion on this subject, the impact of which is probably felt in every parish in the country. When it was publicly highlighted two years ago that we were lagging behind in terms of the provision of necessary facilities, we thought then that the proposed unit would certainly be built at this stage. I con- gratulate our spokesperson on bringing forward this motion. I was delighted to hear the Mini- ster give a guarantee this morning that this unit will be built. I am not too worried, nor I am sure are the people with cystic fibrosis, about how it will be paid for as long as it is built. I urge the Minister to stick to her word. No conflicts should arise about the building of this fantastic facility to which these young people are entitled. When it is built these people will be able to attend the unit and have no fear of contracting infection. By 2011, hopefully, people suffering with cystic fibrosis can look forward to normal life expectancy. I would like to highlight another issue, that of donor cards, which is related to this issue. The organs of a donor card carrier who unfortunately dies in an accident could, if suitable, prolong the life of a person with cystic fibrosis. I will give an example of such an instance. A young girl, Kiara Duncan, who worked in the shop next door to me in Duleek went to Australia on 7 September 2007 and was involved in a car accident as a result of which she ended up in a coma. Her mother flew out to see her and discovered that Kiara, who was 20 years old, was carrying a donor card. She had carried the card from when she was 18 years of age. Her mother and family made a decision to donate her organs. Today Kiara lies in a grave in Kentstown but a 30 year old man with cystic fibrosis in Australia sends the family a letter every few months and updates them on his progress. Before the unit is opened the Minister perhaps the Minister would consider a campaign to urge young people, in particular, to carry donor cards. In the event of a fatal accident, there is an opportunity for a person with cystic fibrosis to receive an organ donation. We have a poor record in terms of the donation of organs for transplant. It is crucial that an organ donor card campaign be run in conjunction with the provision of these services. There is not a parish in Ireland in which there is not a person suffering from cystic fibrosis. I know a family outside Slane in which two of the daughters were sufferers. Both the father and mother made enormous efforts to try to extend their lives beyond the age of 19 or 235 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Shane McEntee.] 20, but sadly both girls died. I welcome the Minister’s decision to go ahead with this. I sincerely hope there are no hiccups as regards contracts with the builder. I do not know who the builder is, but one way or another this unit has to be built. If there is a new Government in office before then, we will ensure that it is finished.

Deputy Jimmy Deenihan: I thank Deputy Reilly for providing us with the opportunity to speak on cystic fibrosis this afternoon. An independent review of cystic fibrosis services in Ireland carried out by Dr. Ron Pollock was published on 7 February 2005. It showed that the majority of adults with cystic fibrosis were being treated in inadequate and dangerous facilities. Little has changed since that publication, despite the availability of resources. Following the publication of the Pollock report, the HSE established a working group in May 2005 to undertake a detailed review of CF services. Although the group accepted the recommendations of the Pollock report and finished its work in August 2006, the HSE has still not published its findings. It is very important that the Minister indicate today when they will be published. The reason for non-publication, I believe, is that the Government does not want to put the recommendations in place. As previous speakers have said, the Republic of Ireland has the highest incidence of CF in the world. While the severity varies from person to person, the average severity of CF in this State is greater than that in other areas such as Northern Ireland, the United States and Can- ada. Therefore the need for resources to treat cystic fibrosis patients is greater here. There is an ongoing need for inpatient care and designated inpatient service beds for adults and children with cystic fibrosis in keeping with international standards because they are uniquely prone to particular infections. Inpatients with CF should be treated in single en suite rooms. I want to refer, in particular, to services in Cork University Hospital because they affect my constituency in Kerry. There are some 44 patients in Kerry and I recall a number of Deputies raising the issue of Billy Burke from Killorglin, some years ago, who has since died. There is a group in Kerry, Build 4 Life, whose chairman is Mr. Joe Browne, which has collected \1.5 million for the centre in Cork. For the Minister of State’s benefit, the CUH is the second largest centre in the country. It treats about 200 patients as against St. Vincent’s 300. It is very important that facilities be provided in CUH as soon as possible. The money that is available could provide a day unit, which the Minister mentioned here today, and also a protective unit of eight to 11 beds. There is a proposal for Dublin. There are builders who could construct both the day unit and the protective unit for this money if given the opportunity. That is all I am saying. It is very important that in Cork the money is ring-fenced for both of these units. As the moment in Cork patients have to share the same room, or sometimes an adjacent room in the accident and emergency unit with patients suffering from other ailments. As pre- vious speakers have pointed out the threat of cross-contamination and cross-infection must be considered. CF patients cannot be exposed to the risk of infection from patients with other ailments because of their daily struggle just to stay alive. It is crucial therefore that the possible consequences of mixing patients should be taken into consideration. CUH has a very efficient cystic fibrosis team and the services are to a very high standard. The necessary staff are available and this means no extra staff complement is required. For patients from Kerry, Cork, Waterford and Tipperary, it is very important that they can be treated relatively close to home so that they do not have to make the long arduous trip to Dublin at all times. It is great that we are discussing this here today, but it is very important that this debate lead to some real action and that there are no further delays at either St. Vincent’s or CUH — especially when the finance is in place and the will exists to provide this facility if the HSE will allow it. 236 Cystic Fibrosis: 9 April 2009. Motion

Minister of State at the Department of Health and Children (Deputy John Moloney): I, too, welcome the opportunity to say a few words in this debate while recognising the important of the Private Members’ motion before the House. I thank Deputies for their contributions and would like to respond to a number of the points made. At the outset, I should like to confirm the commitment, not just of the Government but in particular of the Minister, Deputy Mary Harney. Over several months, the Minister has shown a particular commitment on this matter and clearly substantial progress has been made since 2006 in developing services in this area. I recall when I was Chairman of the Joint Committee on Health and Children, many presen- tations were made to it as regards investment and development in the level of cystic fibrosis services. I know health, progress and money cannot be mentioned in the same sentence, but at the same time when we are being criticised for lack of interest it is worth putting on the record that in 2006-07 additional revenue funding of \6.78 million was provided to develop cystic fibrosis services. In 2009 a further \1.6 million was provided and I refer to those particular figures lest people develop the impression that the Government is not committed, by way of the deferral. That does not take away for a minute the very serious commitment made by this Minister. I will make one small political point, having listened to people opposite, particularly Deputy Reilly who tried to reduce the Minister’s word. Regardless of what a speaker’s political per- suasion is, he or she should know that the Minister, Deputy Mary Harney has always had integrity, honesty and decency. That is known throughout this country and it is important to restate it.

Deputy James Reilly: What about the children who want their cervical vaccination?

Deputy John Moloney: I know the Deputy loves to find an issue he can use to promote his name. I have watched that for the past year or two. However, I can say that——

Deputy Jimmy Deenihan: That is not very fair.

Deputy John Moloney: I am staying with that remark and in years to come the Minister will be recognised for her honesty and integrity.

Deputy James Reilly: In the years to come Deputy Moloney will be remembered as the Minister of State who failed national health.

Deputy Jimmy Deenihan: Deputy Reilly has made more of a contribution than anyone in this House.

Deputy James Reilly: The integrity of Deputy Harney in promising a vaccine for children in August and reneging on it in November leaves a great deal to be desired. If that is Fianna Fa´il’s idea of integrity, the Minister of State can keep it.

An Ceann Comhairle: The Minister of State, without interruption. He only has five minutes, so let us hear from him.

Deputy John Moloney: For a man who made serious commitments as chairperson of the IMO and then changed his mind in an interview with the Sunday Business Post, I doubt very much if you can speak about integrity.

Deputy James Reilly: What commitments did I make? 237 Cystic Fibrosis: 9 April 2009. Motion

An Ceann Comhairle: All comments must be directed through the Chair.

Deputy John Moloney: In the few minutes I have left, perhaps I can refer to some of the points that were raised. I want to clarify a point raised by Deputy Charles Flanagan, who referred to the provision of special vests for CF patients at a cost of \13,000. It is important to point out in this debate that the decision not to provide the vests was based on a review by an expert group. It had nothing to do with costings or funding. That multi-disciplinary expert group found there was insufficient evidence to support the provision of the vests and the position will be revisited if the evidence changes. Rather than have people of the view that it was purely a case of the Government trying to reduce overhead, the facts are far different, as the figures from 2006 can confirm, and given the commitment for 2011. I believe that as I am sure many other people do. I thank Deputy Upton for the issue she raised and wish to respond on the national lung transplant unit at the Mater hospital. The Minister, Deputy Harney, described earlier the spec- ific challenges in finding suitable donors for CF patients and the strict, and indeed stringent, clinical criteria regarding the acceptability of organs. We need to increase the number of organ donations and this is being addressed in a number of ways. I am glad to have the opportunity to mention the recent launch of the 2009 organ awareness campaign involving public consul- tation on how best to deal with the issues of consent for organ transplantation — to be dealt with in the forthcoming human tissue Bill. Plans are being finalised by the HSE to proactively increase donations through hospitals and intensive care units. We listened to the presentations made to the Committee on Health and Children on cystic fibrosis and additional funding of nearly \7 million has been invested to date in the develop- ment of services, resulting in nearly 50 additional staff, including consultants, nurses and allied health professionals. A further \1.6 million is being provided this year to support 2 o’clock those services. In addition to significant revenue investments, a programme of infrastructural support has been completed. A cystic fibrosis register which has been established with State funding will allow us to make meaningful international compari- sons. I believe in the Minister’s ability to deliver and the commitments she has made remain solid and sincere.

Deputy Tom Hayes: I wish to share my time with Deputy Finian McGrath and Pat Breen.

An Ceann Comhairle: Is that agreed? Agreed.

Deputy Tom Hayes: I commend Deputy Reilly on allowing us the opportunity to contribute to this important debate. A lot has been done in regard to cystic fibrosis since the Cystic Fibrosis Association of Ireland began lobbying public representatives. Parliamentary questions were asked on the issue and it was discussed on the floor of this House. However, while some of those concerned have seen improvements in their quality of life, certain issues remain to be addressed. Proposals have been made on increasing awareness of donor cards. People’s lives can be greatly improved through organ donation. The Minister should put her stamp of approval on these proposals. Previous speakers have told the stories of individuals who have benefitted by receiving an organ transplant. Medical card applications require people to undergo a slow and complex process. Those with cystic fibrosis should have the automatic right to medical cards because the disease is well known. Universal screening has been deferred since 2005 despite assurances from the Minister that it would be introduced. Much more needs to be done in the area of early detection. 238 Cystic Fibrosis: 9 April 2009. Motion

Waterford hospital lacks a cystic fibrosis unit even though it currently treats 80 patients. I have been in regular contact with the Minister on this issue. While a nurse has been recruited to deal with cystic fibrosis patients in Waterford, more investment is needed in providing beds. The south east region includes Wexford, Waterford, South Tipperary, Carlow and Kilkenny. I acknowledge that the issues pertaining to St. Vincent’s hospital have been addressed in recent days but I am not completely sure what the outcome will be of the search for a builder.

Deputy Finian McGrath: I support the specific call in the motion for a 34 bed unit for cystic fibrosis patients at St. Vincent’s hospital. I welcome the decision made by the Minister on this unit but I am concerned about the lack of a commitment to a 34 bed unit and day care centre for cystic fibrosis patients. In my discussions with two taoisigh and various Ministers, we all agreed on the need for such a unit. Late last night, I tried again to have a commitment to a 34 bed unit included in the Government amendment to the motion and in the Minister’s speech but, sadly, this did not happen. I feel betrayed that the Government did not include the phrase “34 bed unit” in its amendment. My duty is to support the 1,161 cystic fibrosis patients in this country. It is unacceptable that patients have to appear on talk shows to demand their rights as citizens. I commend the staff at St. Vincent’s hospital, and Charlie Gallagher in particular, on the great work they are doing. I also commend Gerard McElvaney and his team at Beaumont hospital on their dedication and hard work. It is up to us as legislators to support these professionals and the cystic fibrosis families. It is urgent that we do so in view of the 25 people who died from the disease last year. It is unacceptable that cystic fibrosis patients are at risk of cross-infections in our hospitals. This is the main reason 34 on-suite rooms and a dedicated day centre are needed. I am con- cerned that elements in the HSE are telling the Minister what she should do. This policy has to be led by the Minister and it is up to the Government to fund and direct the HSE accordingly. Two years ago, I was promised a designated national centre for cystic fibrosis at St. Vincent’s hospital. Approximately 300 patients use this service, 10% of whom are in the hospital at any given time. I commend the Cystic Fibrosis Association of Ireland on its hard work and urge the Govern- ment to heed the views of parents, doctors and patients. This motion is about building a quality health service for all cystic fibrosis patients.

Deputy Pat Breen: The Government was embarrassed into a U-turn on the provision of isolation facilities at St. Vincent’s hospital because of the courage of the cystic fibrosis patients and their families who were forced to take to the airwaves to make their cases heard. These people have enough to worry about without this Government adding to their woes. They have been forced to endure a week of unnecessary stress and anxiety. I give a guarded welcome to the renewed commitment that the unit at St. Vincent’s will be in operation as early as possible in 2011. Cystic fibrosis patients have been disappointed pre- viously but I hope the Minister will deliver on this occasion. Approximately 1,100 people in Ireland suffer from cystic fibrosis. Those who attend the unit at St. Vincent’s hospital include patients from my constituency of Clare. When they present to hospitals they must contend with the fear that they will die through exposure to infections. I know of one 25 year old man from Ennis who attends St. Vincent’s but cannot present to accident and emergency departments when he requires medical attention because he is afraid he will die by doing so. Cystic fibrosis sufferers have to wage daily battles for basic services to stay alive. Cystic fibrosis patients born in the Republic of Ireland have a shorter life expectancy than those born just over the Border, but this should not be the case. 239 Cystic Fibrosis: 9 April 2009. Motion

[Deputy Pat Breen.]

It is not just at St. Vincent’s Hospital that cystic fibrosis patients and their families have to battle against the system. Approximately 30 patients from County Clare attend the unit at the Mid-West Regional Hospital in Limerick. In 2006, additional funding of \6.78 million was allocated to the HSE to develop services for cystic fibrosis patients in Limerick. Three years later, cystic fibrosis patients in Limerick are still without an adult cystic fibrosis consultant. The cystic fibrosis association in Clare has worked hard and thanks to its efforts there is some movement at last. The consultant positions and the positions of two cystic fibrosis nurses have finally been advertised. When I raised this matter in the House on the Adjournment debate of 9 July 2008, the Minister of State, Deputy Mary Wallace, told me the HSE was considering the consultant posts, and added that it was in the process of recruiting for the remaining posts. However, it has taken seven months for those positions to be advertised. Interested candidates have applied for the consultant positions but unfortunately an interview panel has not been approved. In March, the two cystic fibrosis nurse positions were finally advertised, but Clare cystic fibrosis patients are worried that the recent moratorium on recruitment in the public service could affect recruitment to these positions. In reply to a parliamentary question last week, the Minister for Health and Children, Deputy Harney, reassured me that the “moratorium does not apply to consultants and therapists”. I welcome this decision. If the Minister is really serious about improving facilities for cystic fibrosis patients, she should contact the HSE and ensure that these vacancies are filled as soon as possible. The mother of a cystic fibrosis patient told me recently that, “The longer our patients in Limerick are without an adult CF consultant, the more their overall health is at risk and they are in danger of having their life-span shortened. For them, sometimes even to live life is an act of courage”. Cystic fibrosis patients in Ireland will continue to die unnecessarily young as a result of the basic facilities they require not being available here. Even at a time of recession we must ensure that the weakest and most vulnerable are nurtured and cared for.

Deputy James Reilly: I wish to address an issue raised by Deputy Tom Hayes. Many people with cystic fibrosis are entitled to a medical card. The recent decision by the Government and the HSE to centralise applications for medical cards is causing chaos. It is to be centralised in Finglas but I am informed that some of it may even be outsourced. There is certainly not the expertise that exists in local areas for patients, and there is certainly no local knowledge. I have a letter from my local health office expressing grave concern that priority is not being given to people with terminal illnesses, including cancer. This issue needs to be addressed by the Mini- ster at a later stage and I will table a parliamentary question on it. The Minister of State, Deputy Moloney, referred to the integrity of the Minister for Health and Children. I wish to examine that assertion. Does integrity mean misleading the Da´il when she told me that GPs had agreed a protocol for referral for cancer patients, when they had not? That tells its own story. Does integrity mean promising Orla Tinsley that she would have a CF unit by the end of 2010? In response to a question from Deputy Shatter, the Minister clearly said that it would be available in 2010, and that nobody was saying otherwise. Is integrity defined by promising a cervical vaccine to children to protect them against cancer, and then reneguing on that three months later? If that is the Minister of State’s definition of integrity, I will repeat what I said to him during his few minutes’ speech. It is the sort of integrity that he is welcome to, and on which his Government has expounded quite a bit.

Deputy John Moloney: Will I compare it to Deputy Reilly’s integrity? 240 Cystic Fibrosis: 9 April 2009. Motion

An Ceann Comhairle: I will deal with this.

Deputy James Reilly: These are facts.

An Ceann Comhairle: I am sorry Deputy Reilly.

Deputy James Reilly: It is a fact that the vaccine was promised and reneged on.

An Ceann Comhairle: Let me speak now. Convoluted or indirect references to the Minister for Health and Children misleading the Da´il are not in order and must be withdrawn. I have to insist on it.

Deputy James Reilly: Is the Ceann Comhairle saying to me——

An Ceann Comhairle: The Deputy is not entitled to make convoluted or indirect references to the Minister for Health and Children misleading the Da´il. That is not in order under stand- ing orders.

Deputy James Reilly: It is my view that she did.

An Ceann Comhairle: It is not in order and I must make the ruling. The reference must be withdrawn.

Deputy James Reilly: I will only withdraw that on the basis that I will come back to the Ceann Comhairle with the evidence of that. I will go through whatever the protocols are.

An Ceann Comhairle: I am calling on Deputy Reilly to proceed. I have to be fair to every Member.

Deputy James Reilly: The Minister was not terribly fair to Deputy Shatter, given the manner in which she attacked him on an entirely unrelated matter. He laid out, as only a lawyer can do, a clear demonstration of how she broke her word. I put it to the Minister of State, Deputy Moloney, that he has learned well from his mistress — shoot the messenger and do not deal with the issue.

Deputy John Moloney: The Deputy is claiming the high ground.

Deputy James Reilly: The motion before the House is very simple. It needs no amendment, unless a fudge is intended. I will read part of it into the record. It calls on the Minister for Health and Children and the Government to:

Instruct the HSE to commence immediately the development of the urgently needed and life saving cystic fibrosis unit at St. Vincent’s Hospital and thus provide 34 inpatient single en suite beds as part of a 120-bed development at St. Vincent’s Hospital so that these facilities will be available in 2011.

It could not be clearer or simpler, so why do we need an amendment to it? Why is the period of nine months built into the amendment? That must surely raise concerns that have already been expressed by the Cystic Fibrosis Association of Ireland. The Minister said earlier that she would not take lectures from anyone. Reading between the lines, however, it is easy to say that she will not listen to anyone. I hope she will listen today and will keep her word on this occasion. I also hope we will not see Orla Tinsley and many of her friends and distraught parents outside Leinster House in nine months’ time with 241 Cystic Fibrosis: 9 April 2009. Motion

[Deputy James Reilly.] another 25 young people with cystic fibrosis having lost their chance of life. That is how many died in the past year. Cystic fibrosis sufferers die up to ten years younger in this country. Let there be no more needless deaths. Let us give them the same fighting chance as their cousins North of the Border. I commend the motion to the House.

Amendment put.

The Da´il divided: Ta´, 73; Nı´l, 61.

Ta´

Ahern, Dermot. Kitt, Michael P. Ahern, Noel. Kitt, Tom. Andrews, Barry. Lenihan, Brian. Andrews, Chris. Lenihan, Conor. Ardagh, Sea´n. Lowry, Michael. Aylward, Bobby. McEllistrim, Thomas. Blaney, Niall. McGrath, Mattie. Brady, A´ ine. McGrath, Michael. Brady, Cyprian. McGuinness, John. Brady, Johnny. Mansergh, Martin. Browne, John. Martin, Michea´l. Byrne, Thomas. Moloney, John. Calleary, Dara. Moynihan, Michael. Carey, Pat. Mulcahy, Michael. Conlon, Margaret. Nolan, M. J. Connick, Sea´n. O´ Cuı´v, E´ amon. Cregan, John. O´ Fearghaı´l, Sea´n. Cuffe, Ciara´n. O’Brien, Darragh. Cullen, Martin. O’Connor, Charlie. Curran, John. O’Dea, Willie. Dooley, Timmy. O’Flynn, Noel. Fahey, Frank. O’Hanlon, Rory. Finneran, Michael. O’Keeffe, Batt. Fitzpatrick, Michael. O’Keeffe, Edward. Fleming, Sea´n. O’Rourke, Mary. Flynn, Beverley. O’Sullivan, Christy. Gogarty, Paul. Power, Peter. Gormley, John. Power, Sea´n. Grealish, Noel. Ryan, Eamon. Hanafin, Mary. Sargent, Trevor. Harney, Mary. Scanlon, Eamon. Haughey, Sea´n. Smith, Brendan. Hoctor, Ma´ire. Treacy, Noel. Kelly, Peter. Wallace, Mary. Kenneally, Brendan. White, Mary Alexandra. Kennedy, Michael. Woods, Michael. Kirk, Seamus.

Nı´l

Allen, Bernard. Coveney, Simon. Bannon, James. Crawford, Seymour. Barrett, Sea´n. Creighton, Lucinda. Behan, Joe. D’Arcy, Michael. Breen, Pat. Deasy, John. Broughan, Thomas P. Deenihan, Jimmy. Bruton, Richard. Doyle, Andrew. Burke, Ulick. Durkan, Bernard J. Burton, Joan. Feighan, Frank. Byrne, Catherine. Ferris, Martin. Carey, Joe. Flanagan, Charles. Coonan, Noel J. Flanagan, Terence. Costello, Joe. Hayes, Brian. 242 Cystic Fibrosis: 9 April 2009. Motion

Nı´l—continued

Hayes, Tom. O’Dowd, Fergus. Higgins, Michael D. O’Mahony, John. Hogan, Phil. O’Shea, Brian. Howlin, Brendan. O’Sullivan, Jan. Kehoe, Paul. Perry, John. Lynch, Ciara´n. Quinn, Ruairı´. McCormack, Pa´draic. Rabbitte, Pat. McEntee, Shane. Reilly, James. McGrath, Finian. Ring, Michael. McManus, Liz. Shatter, Alan. Mitchell, Olivia. Sheahan, Tom. Morgan, Arthur. Sherlock, Sea´n. Naughten, Denis. Shortall, Ro´ isı´n. Neville, Dan. Stagg, Emmet. Noonan, Michael. Timmins, Billy. O´ Caola´in, Caoimhghı´n. Tuffy, Joanna. O´ Snodaigh, Aengus. Upton, Mary. O’Donnell, Kieran.

Tellers: Ta´, Deputies Pat Carey and John Cregan; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Amendment declared carried.

Question put: “That the motion, as amended, be agreed to.”

The Da´il divided: Ta´, 70; Nı´l, 61.

Ta´

Ahern, Dermot. Kirk, Seamus. Ahern, Noel. Kitt, Michael P.. Andrews, Barry. Kitt, Tom. Ardagh, Sea´n. Lenihan, Conor. Aylward, Bobby. Lowry, Michael. Blaney, Niall. McEllistrim, Thomas. Brady, A´ ine. McGrath, Mattie. Brady, Cyprian. McGrath, Michael. Brady, Johnny. McGuinness, John. Browne, John. Mansergh, Martin. Byrne, Thomas. Martin, Michea´l. Calleary, Dara. Moloney, John. Moynihan, Michael. Carey, Pat. Mulcahy, Michael. Conlon, Margaret. Nolan, M.J.. Connick, Sea´n. O´ Cuı´v, E´ amon. Cregan, John. O´ Fearghaı´l, Sea´n. Cuffe, Ciara´n. O’Brien, Darragh. Cullen, Martin. O’Connor, Charlie. Curran, John. O’Dea, Willie. Dooley, Timmy. O’Flynn, Noel. Fahey, Frank. O’Hanlon, Rory. Finneran, Michael. O’Keeffe, Batt. Fitzpatrick, Michael. O’Keeffe, Edward. Fleming, Sea´n. O’Rourke, Mary. Flynn, Beverley. O’Sullivan, Christy. Gogarty, Paul. Power, Sea´n. Gormley, John. Ryan, Eamon. Grealish, Noel. Sargent, Trevor. Hanafin, Mary. Scanlon, Eamon. Harney, Mary. Smith, Brendan. Haughey, Sea´n. Treacy, Noel. Hoctor, Ma´ire. Wallace, Mary. Kelly, Peter. White, Mary Alexandra. Kenneally, Brendan. Woods, Michael. Kennedy, Michael. Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

Nı´l

Allen, Bernard. Lynch, Ciara´n. Bannon, James. McCormack, Pa´draic. Barrett, Sea´n. McEntee, Shane. Behan, Joe. McGrath, Finian. Breen, Pat. McManus, Liz. Broughan, Thomas P.. Mitchell, Olivia. Bruton, Richard. Morgan, Arthur. Burke, Ulick. Naughten, Denis. Burton, Joan. Neville, Dan. Byrne, Catherine. Noonan, Michael. Carey, Joe. O´ Caola´in, Caoimhghı´n. Coonan, Noel J.. O´ Snodaigh, Aengus. Costello, Joe. O’Donnell, Kieran. Coveney, Simon. O’Dowd, Fergus. Crawford, Seymour. O’Mahony, John. Creighton, Lucinda. O’Shea, Brian. D’Arcy, Michael. O’Sullivan, Jan. Deasy, John. Perry, John. Deenihan, Jimmy. Quinn, Ruairı´. Doyle, Andrew. Rabbitte, Pat. Durkan, Bernard J.. Reilly, James. Feighan, Frank. Ring, Michael. Ferris, Martin. Shatter, Alan. Flanagan, Charles. Sheahan, Tom. Flanagan, Terence. Sherlock, Sea´n. Hayes, Brian. Shortall, Ro´ isı´n. Hayes, Tom. Stagg, Emmet. Higgins, Michael D.. Timmins, Billy. Hogan, Phil. Tuffy, Joanna. Howlin, Brendan. Upton, Mary. Kehoe, Paul.

Tellers: Ta´, Deputies Pat Carey and John Cregan; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Adjournment Debate Matters. An Ceann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Alan Shatter — the need to implement the Labour Court decision No. FTD 0819; (2) Deputy Joe Costello — the provision of a permanent school for Gaelscoil Bharra, Dublin 7; (3) Deputy Thomas P. Broughan — the possible disruption of services at Dublin Bus and Bus E´ ireann; (4) Deputy John Perry — the transfer of breast cancer services from Sligo to Galway; and (5) Deputy Paul Kehoe — the future employment of REPS planners in Teagasc. The matters raised by Deputies Perry, Kehoe, Shatter and Costello have been selected for discussion.

Horse and Greyhound Racing Fund Regulations 2009: Motion. Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I move:

That Da´il E´ ireann approves the following order in draft:

Horse and Greyhound Racing Fund Regulations 2009,

a copy of which order was laid before Da´il E´ ireann on 6 April 2009.

244 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

Under section 12 of the Horse and Greyhound Racing Act 2001, the horse and greyhound racing industries receive financial support through the horse and greyhound racing fund. Under the provisions of the Act, the fund has received a guaranteed level of funding each year from 2001 to 2008. In 2004, the Government put in place regulations to increase the limit of the horse and greyhound racing fund from \254 million to \550 million and to continue the fund for a further four years to 2008. By the end of 2008, a total of \545.8 million had been paid out of the fund. Funding of both the relevant agencies, Horse Racing Ireland and Bord na gCon, supports two productive industries and helps sustain the role of the horse and greyhound breeding and training enterprises in the development of the rural economy. These industries together account for an estimated 27,500 direct jobs, generate substantial economic activity and make a vital contribution to the rural economy, including farm incomes. The funding being provided to the greyhound racing sector helps sustain a tradition that has existed for hundreds of years. That funding underpins economic activity in regions of the coun- try that are often less affluent. It has also contributed significantly to the sum of almost \90 million that has been invested in the improved facilities now available at greyhound tracks around Ireland. The fund has allowed Ireland to develop into a world centre of excellence for horse and greyhound racing and has allowed Horse Racing Ireland, HRI, to undertake a capital investment programme that has underpinned growth in the sector. Prior to budget 2009, a review of the fund was under way. As the review had not yet been completed, provision had to be made for the extension of the fund and its subsequent continu- ation into 2009. The total allocation for the fund for 2009, both current and capital, as provided for in the Horse and Greyhound Racing Act 2001, would have been calculated on the basis of the excise duty on off-course betting in 2000, which was \58.89 million, multiplied by the relevant CPI figures. Taking a figure of 4.5% as an estimate of the annual average CPI for 2008, the 2009 fund allocation would have been \79.72 million. Of this, HRI would have expected to receive \63.78 million and Bord na gCon would have expected to receive \15.94 million. However, in view of the current economic climate, it was decided and announced in budget 2009 on 14 October last that the provision for 2009 would be \55.7 million for HRI and \13.9 million for Bord na gCon, a total of \69.719 million. This represents a reduction of almost 9% on 2008 funding and a reduction of almost 13% on anticipated funding. A further reduction of \91,000 was made in the context of departmental savings in February 2009, bringing the allo- cation to \69.628 million. Given concerns about the funding gap between the income generated through duty on off- course betting and the amount of funding stipulated in the Act, it was decided to make changes to the off-course betting tax. In the Finance (No. 2) Act 2008, the tax was increased from 1% to 2% with effect from May 2009. Given recent trends and projections for betting tax receipts in 2008, this will serve to reduce significantly the amount of direct Exchequer subvention required. The review of the fund is nearing completion and will be submitted to the Government in due course in the context of decision process on the future funding of these industries. In the meantime, so that HRI and Bord na gCon can draw down their allocations in the 2009 Estimates, provision must be made for the extension of the fund and its subsequent continu- ation during 2009. As I have already stated, an amount of \69.628 million was provided for the fund for 2009 in the Vote of the Minister for Arts, Sport and Tourism. The remaining balance in the fund at the start of 2009 was \4.2 million. Of that, \3.4 million was paid out to HRI and \0.8 million to BNG in February. In order to pay out the balance of \65,407,713 in 2009, the aggregate limit of the fund must be increased by that amount. On 3 March last, the Government agreed to increase the aggregate limit on the horse and greyhound racing fund by \65,407,713, 245 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

[Deputy Martin Cullen.] pursuant to the provisions of section 12(5) of the Horse and Greyhound Racing Act 2001. On that basis, the draft regulation considered by the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs provides for an increase of \65,407,713 in the aggre- gate limit to give an aggregate figure of \615,407,713, which is the cumulative provision for the fund since 2001. Deputies will be aware of the difficult budgetary situation facing the country. Over the past month, the Government has examined every line of public expenditure by Departments. In finalising the Estimates for my Department for 2009 in preparation for this week’s budget, I was obliged to identify additional spending reductions in my Department’s Vote. On this basis the Government decided that the horse and greyhound racing fund should be further reduced by \1.5 million. Therefore, the aggregate limit of the fund will be increased by \63,907,713 to \613,907,713, the cumulative provision in the fund since 2001. The level of funding available to these important industries will be \68.128 million, comprising the balance remaining in the fund of \4,220,287 plus \63,907,713 million. The joint committee considered the proposed regulations yesterday and, following an exten- sive debate and another debate last week, approved the regulations. Committee members, while supporting the funding the horse and greyhound sectors have received in recent years and realising the importance of its continuation through the horse and greyhound racing fund, raised a number of issues with regard to the level of the fund in the current financial climate and the manner in which it is being spent. In the finalisation of the review of the fund, the issues raised will be fully examined so that when this subject is next considered by the joint committee and the House some of the concerns of members can be addressed. Section 12(13) of the Horse and Greyhound Racing Act 2001 provides that a draft of these regulations be laid before both Houses of the Oireachtas and a resolution approving the draft be passed by each House before the regulations are made by the Minister. As I mentioned earlier, I will be making a submission to Government regarding the future funding of the industries in due course, but in the meantime I ask Members for their support to ensure that HRI and Bord na gCon can receive their funding provision for 2009 and that the very important role of the industries and, more importantly, the employment supported and economic activity generated is sustained.

Deputy Olivia Mitchell: We have discussed this matter at some length in the past ten days or so, but I must reiterate Fine Gael’s support for the extension of this fund to allow the industry to continue to develop and to bring pride and excellence to Ireland. There is a mis- taken impression out there — one must wonder about the source of this, and it may be a deliberate attempt to mislead by vested interests — that the general Exchequer is carrying the entire cost of this fund. That is simply not the case. Even if the levy on the industry remained at 1%, the industry would be contributing half of the fund for the current year. As it is, the levy will be doubled to 2% on 1 May and, at worst, the amount to be borne by the Exchequer will be a small residual amount. When we discussed this at the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs yesterday, Senator Bradford, who spoke eloquently on the subject, pointed out that the one thing Ireland does well — in fact, the thing at which we are the best in the world — is horses.

Deputy Martin Cullen: Hear, hear.

Deputy Olivia Mitchell: We are not so good at so many things — apart from shooting our- selves in the foot, I suppose — that we can afford to ignore an industry in which we are a world leader. 246 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

We have discussed what the industry contributes but, in addition, it employs almost 30,000 people directly and many more indirectly. It is a major foreign currency earner and brings in a minimum of 80,000 tourists every year. Ireland is the third biggest exporter of horses, with one in every eight farmers participating in horse breeding. Hundreds of horses are sent here for stud every year. Every trainer has horses from the Middle East and all over the world. Whatever about our recognising that we are world-class, those in other parts of the world recognise that we are the market leader.

Deputy Martin Cullen: That is correct.

Deputy Olivia Mitchell: We are the best. The value of such a reputation when showcasing Ireland around the world is incalculable. Not to support this industry, and not to seek every possible way to ensure its continuance, would definitely amount to shooting ourselves in the foot. The trouble is that every job, from the farm in Kilkenny to the racecourse at Leopardstown, is sustained by the size of the purse on the racecourse. That is the paymaster for the entire sector through the chain of activities. If the prize is not attractive enough, there is no reason to raise a horse, much less to breed or train it, and the industry will ultimately die. No venue is in a position to provide solely from gate receipts the type of prize money that will sustain such expensive and risky undertakings. Other countries recognise this and support the industry through a levy on betting. It was folly to reduce the levy in this State in recent years. There must be a rapid return to a situation where the industry levy fully funds horse and greyhound racing. That is what the industry and taxpayers want. There has been significant growth in Internet betting and the use of offshore servers. We must seek with all speed and ingenuity to capture some of that levy. The providers of offshore services are gaining at the expense of the ordinary bookmaker. However, the reality is that ordinary bookmakers are still taking in some \3.5 billion in turnover, which means there is potential for the industry to be self-sustaining. Bookmakers are piggybacking on an investment made by others. It is only right that they should make a contribution to the industry that gives them a lucrative reason for being. It is incorrect and damaging to the industry and to the jobs it sustains to suggest that the small amount the Exchequer will contribute this year in supplementing the fund comes at the expense of other sports. This is not true except in so far as every cent spent for any purpose is at the expense of something else. One could argue that money given to the IDA, for cystic fibrosis services or for the provision of schools is given at the expense of sport. However, nobody is suggesting we should throw all those services to the wind. Nevertheless, just because this argument is inaccurate does not mean it is not persuasive, which is why it is being used by some to pursue a particular agenda. I have suggested on several occasions that the allocation to the fund should not appear in the Department’s accounts under the sports heading but should instead be included under tourism, for example. There must be a recognition of the importance of the jobs provided by the industry. The reason for supporting it is the jobs it provides. It is vital to our economy, both urban and rural, and a major employer in a variety of sectors across the continuum from production of animal feed to tourism in Leopardstown. Fine Gael is determined to support the industry.

Deputy Mary Upton: I propose to share time with Deputy Ferris.

Acting Chairman (Deputy Noel O’Flynn): Is that agreed? Agreed.

247 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

Deputy Mary Upton: The Minister agreed to this debate following the discussions that took place at a meeting of the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs. There is no doubt that the provision of a horse and greyhound racing fund has facilitated the development of a world class industry that supports the rural economy. I disagree with those who contend it is a sport for the elite. Throughout the State, many small industries are working hard to retain staff and keep their businesses going. That is partic- ularly the case in the horse industry. Small rural towns located near stables will stand to benefit from the knock-on effects of developments in the industry. It is also important to recognise the value of the greyhound industry both from an economic point of view, in terms of the substan- tial number of jobs it provides, and also as a sporting activity. While the provision of funding is 80:20 in favour of horse racing, the greyhound industry is of importance to many. The Minister may have noted that I have referred to the horse racing and greyhound racing “industries”. As such, it would make sense that they come under the remit of the Department of Agriculture, Fisheries and Food or the Department of Enterprise, Trade and Employment rather than the Department of Arts, Sport and Tourism. While I recognise their value from a tourism and sporting perspective, our discussion of them always takes place in the context of industry. We have referred to this on previous occasions and the Minister has responded to a certain extent. My concern in regard to funding relates to the Act which established the horse and grey- hound racing fund in 2001. The decision to establish the fund was correct, being an attempt to tackle the economic free rider principle that had beset the industry for decades, whereby its most successful commercial product, gambling, did not contribute. Bookmakers should contrib- ute to the sports that have helped them establish themselves both nationally and internationally. However, the major flaw in the legislation was that the level of funding was benchmarked to betting levy receipts for 2000 and subsequently benchmarked against the consumer price index. Where there was a shortfall in funding, this was to be subvented by direct Exchequer funding. This is at the heart of the problem. The reductions in the betting levy from 5% to 2% to 1% meant this shortfall did not take long to materialise. As a result, in 2007, the Exchequer contrib- uted almost \40 million more than was collected in betting levies. This is where the anomaly lies. The Labour Party is acutely aware of the need to retain jobs. Given that this is an indigenous industry, it is perhaps even more important that we examine it clinically when we consider the issues relating to the retention of jobs. However, we cannot continue to have a situation where the direct Exchequer funding is of such a high level. In his Budget Statement in October, the Minister indicated his intention to double the betting tax to 2%. This will not cover the entire shortfall but it will go some way toward that objective. When will this tax increase be implemented? It cannot be put on the back foot and we must know for certain that it will be introduced.

Deputy Martin Cullen: To clarify, as I said in my speech, this change will be implemented on 1 May.

Deputy Mary Upton: There must be certainty that this vital measure will be taken. The entire industry is in need of reform. Much of the money from horse racing goes directly into prize money. I have no difficulty with this principle. It is important that prize funds are sufficiently substantial to attract the big players. However, we are seriously out of kilter in this regard with our nearest neighbours in the United Kingdom, which is something the horse racing industry must examine. In a recession, current levels of prize money are not sustainable. 248 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

An issue that sometimes irritates people is that much of the prize money ends up in the hands of relatively few people, some of whom reside outside the country and are not caught up in any way in our tax net. In a recent analysis of the industry, commentators failed to explain why a State subvention is needed to support the fund. The reason is that the largest bookmak- ing operators have migrated their industries offshore for tax purposes. We discussed this issue at the committee meeting. It is rich of them to complain about the subvention to the horse and greyhound racing fund when they benefit so much from the industry but pay no betting taxes or levies on their profits. I appreciate the difficulties in restoring some part of these revenues to the State but it is an issue that must be addressed. If all the major players were to pay a 1% betting tax on all bets placed in the State, whether on the main street, via telephone or the Internet, we would have more than enough money to support the horse and greyhound racing fund and plenty of money for the development of other sports. The other anomaly is that the horse and greyhound racing fund is under the aegis of the Department of Arts, Sport and Tourism, while other sports are not being supported in the way they could and should be. The Labour Party strongly supports the racing industry. However, in light of the economic situation — with massive cuts in sports funding, the failure of the Government to support industries such as SR Technics and the various cutbacks announced in the budget this week — we have serious reservations about the management and distribution of this funding. We are aware of the need to support the industry. In particular, we support the retention of jobs.

Deputy Martin Ferris: I thank the Labour Party for sharing two minutes of its time with me. Coming from an area in north Kerry hugely involved in the greyhound industry, I am acutely aware of the value of the industry locally and nationally. I do not believe anyone could deny the value of the horse and greyhound sector to this country. Thousands of people are employed in the industry which generates a significant part of national income and revenue intake. There are, therefore, good grounds for channelling revenue from betting to support both sports. It is also the case, however, that other sports have been subject to massive cuts this year. I refer in particular to the scrapping of the sports capital fund for 2009 which has deprived many sports clubs involved in a wide range of sports of vital funding. It is ironic that a Government whose members are falling over themselves to be seen with boxers who won Olympic gold medals is not doing its level best to ensure that clubs like St. Xavier’s and others will have the facilitates to cater for all the young people inspired by and Kenny Egan. I suggest — unfortunately it is not possible to do so by way of an amendment — that part of the money accrued to this fund through betting tax be used to revive the sports capital fund and that the Government make up the shortfall to ensure a fund of at least \50 million. The sports capital fund has proved invaluable to small clubs throughout the country. Given that there is within the horse and greyhound industry a sector addicted to gambling, some money should be provided to assist such people. While greyhound and horse racing tracks, which are the centre of so many domestic jobs, should not be at a loss, a case can be made in regard to public support for the big prize money events in horse racing, in particular when much of that prize money is won by people who are not resident here, some of whom, ironically, are Irish citizens but do not pay tax. 3 o’clock There is no reason that the rest of us should contribute to increase their incomes. In light of the attack on the livelihood’s of ordinary people, the Government needs to take a closer look at this fund and to ensure resources from those who do not need it at the top end of the racing and local sports clubs is reallocated to the sports capital fund. At the same time, we must ensure that the requirements of tracks and stadiums around the country are maintained in order to sustain many jobs connected with the industry. 249 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

Deputy John O’Mahony: I wish to share time with Deputies Deenihan and Barrett. I would like to put on the record of the House, as articulated by Deputy Olivia Mitchell, Fine Gael’s support for the horse and greyhound industry which provides 30,000 jobs and deserves funding and support. I am aware it has received more than \500 million in funding in this decade alone. My concern arises from a response to a question I tabled some months ago to which the Minister replied that no new applications had been taken for sports capital funding in 2009. The Minister mentioned yesterday in committee that some projects would commence this year. In this regard, I assume he was referring — I do not wish to be splitting hairs — to projects approved in 2007 or 2008. The perception out there — I have experienced this reaction even since the decision was first announced at committee last week — among the sporting organis- ations is that other sports are being treated unfairly and that the horse and greyhound industry is, in some way, being supported at the expense of other sports, which I understand. I said yesterday and say again today that not enough was done in the budget to support jobs and we must support these jobs. There is a need for support for the horse and greyhound industry within the Department of Agriculture, Fisheries and Food as I believe it is in its interest that sporting organisations are not at each other’s throats. Other sporting institutions such as the GAA and those representing team sports such as rugby and soccer could also say they provided billions in revenue to the Exchequer. It is in everybody’s interest that the mess- age goes out that what we are doing is supporting an industry not a sport. The horse and greyhound industry is on record as saying that it does not want to depend on Exchequer funding. I look forward to publication of the review this summer which it is hoped will articulate the ways in which this is done. I support the view of other Members that sport is needed now more than ever and must be supported.

Deputy Jimmy Deenihan: Following on from Deputy O’Mahony, I suggest that the horse and greyhound industry be returned to the remit of the Department of Agriculture, Fisheries and Food. I was Minister for State with responsibility for the greyhound industry in 1994. I would like to correct the statement made yesterday by the Minister that everything began to happen in the industry when it was brought within the remit of the Department of Arts, Sport and Tourism. It began long before then.

Deputy Martin Cullen: I was speaking about the fund.

Deputy Jimmy Deenihan: The fund was established by the Minister for Agriculture, Fisheries and Food in 2001. I have nothing against the Minister’s Department; it is a good Department. I do not believe it fair that we should enter into a major debate in regard to sports funding and support for the horse and greyhound industry.

Deputy Martin Cullen: I agree.

Deputy Jimmy Deenihan: The whole debate has been distorted and manipulated. The grey- hound industry is the lifeline and life blood of my constituency, particularly given the decline in agriculture. A great number of people are dependent on greyhound breeding, training and the care of greyhounds. The greyhound industry in Tralee has provided more money for Kerry General Hospital than has the Health Service Executive. All of the major equipment in that hospital has been purchased from funding raised at the Tralee track. In 2007, charities obtained approximately \9 million from greyhound tracks around the country. Tralee track is a good example in this regard. To affect this fund is to affect the potential of this type of input for charities. 250 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

In all major racing nations, the industry is funded from betting duties. The horse racing fund when established in 2002 was fully financed from betting duties. In the intervening period, while off-course betting has increased from \1.36 billion to \5.5 billion, the tax take has decreased from \68 million to \37 million, requiring the Exchequer to make up the shortfall. This has arisen owing to a series of reductions in the rate of betting duty from 5% to 1% and the emergence of off-shore telephone and Internet betting, which now accounts for almost half the turnover of Ireland’s leading bookmakers and which escapes the taxation net. Deputy Barrett is an expert in this area and I am sure he will deal with this issue in his contribution. The industry depends on the input of bookmakers and people who bet. It is unpatriotic of those people to evade paying tax.

Deputy Sea´n Barrett: Hear, hear.

Deputy Jimmy Deenihan: If they do not support the industry, they will having nothing to bet on in the future. If people pay their taxes rather than availing of schemes to evade paying it, we would have plenty of money for the horse and greyhound industry. As Deputy Mitchell said, we have achieved a great deal as a nation but we could achieve even more if we put more money into breeding. We could even introduce a national breeding policy and, perhaps, get involved in sports horses given the decline in our bloodlines. We support the motion and look forward to moving responsibility for the horse and greyhound industry to the Department of Agriculture, Fisheries and Food.

Deputy Sea´n Barrett: I join with other Members in seeking to quell the misconception that the taxpayer is subsidising the horse and greyhound industry, both of which, as has already been stated, employ in the region of 29,000 to 30,000 people. That is the reality.

Deputy Martin Cullen: They are direct jobs.

Deputy Sea´n Barrett: Yes. Prize money in racing meets only a small part of the cost of maintaining a horse. Since the introduction of this levy and this fund, the number of horses in training has increased by 41%. In other words, more people than ever before are employed in training centres. There has been an increase of 41% since 2000.

Deputy Martin Cullen: Correct.

Deputy Sea´n Barrett: Some 85% of the thoroughbreds that are bred in this country are exported. That brings a substantial amount of money into this country. We should not focus on the fact that people like the Maktoums, the Aga Khan and John Magnier may be based off shore. They have significant enterprises in this country. They provide large-scale employment and pay a great deal of tax. It should be recognised that we live in a European Union of 27 member states. People are entitled to live in any part of the 27 member states, as they wish. All that matters is that their enterprises here are providing employment. The people I have mentioned are providing large-scale employment in parts of the country that need it. They are contributing to the Irish economy through those jobs. It is up to the Members of this House to deal with the issue of the lack of control of offshore and on-line betting. The United States has dealt with it by banning the use of credit cards for betting purposes. One cannot engage in on-line betting unless one uses one’s credit card. If those involved in such activities are not prepared to contribute to the fund, I will propose the introduction of a similar ban here. In the US, Japan and France, the racing industry owns its own gambling product and all profits come back into the industry. In Australia, all off-course betting is controlled by state-licensed tote betting. The only people who have to contribute to 251 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

[Deputy Sea´n Barrett.] the levy are on-course bookmakers. Ireland and Britain are unique in that we have given many people licences to make substantial profits without expecting them to contribute to a fund that supports those who own, train and ride horses and those who own racecourses. I have no sympathy for bookmakers who moan and groan about the 2% levy. Incidentally, it does not come out of their pockets — they can build it into the odds they lay. If they can deduct 5% of on-line bets for themselves, they can deduct 2% for the levy just as easily. If we had such a system, there would be no suggestion that the taxpayer funds racing. The taxpayer does not fund the racing industry. It is funded from a levy, as it should be. Nobody in the horse racing, bloodstock or greyhound racing industries wants taxpayers to put their hands in their pockets to provide prize money. We should go a little further. The Exchequer funds generated by the racing industry, for example through employment, far exceed the State moneys that go into the industry. Many other industries get all sorts of State support. The horse racing industry does not get grants from Europe or anywhere else. The Curragh racecourse in County Kildare, which is represented by Deputy Stagg, is a perfect example of the magnificent establishments I am talking about. I hope it will soon be the greatest example of a racecourse in Ireland. It will bring in a significant amount of money. Somebody told me recently that the Galway and Punchestown racing festi- vals are worth a combined \105 million to their local economies.

Deputy Martin Cullen: That is correct.

Deputy Sea´n Barrett: Deputies should reflect on the tax receipts that accrue from \105 million. Those who write about this sort of thing should be honest and give proper information to the public. I am pleased with this proposal. I hope all parties in the House will support it, in the interests of this important industry. We should get real. We should stop slagging people like William Hafner, the Maktoums and John Magnier, who supply a great deal of employment in this country, just because they do not live here. That is not my business. I am interested in people who want to invest in Ireland. We do not ask Mr. Dell if he wants to live in Ireland — we are happy if people like him bring industry to this country. If people provide jobs and pay their corporation taxes here, I am delighted to see them — they are very welcome. Those who create jobs and develop enterprises here should be supported.

Deputy Lucinda Creighton: I echo much of what the previous speakers, including Deputies Barrett and Mitchell, have said. We have to put this in context. We have been debating the supplementary budget for the last few days. We all acknowledge that Ireland is in an economic crisis. The level of ill-informed debate about the racing, thoroughbred and greyhound industries is extraordinary. This is a hugely important debate in the context of the economic crisis. As Deputy Barrett pointed out, the thoroughbred industry is entirely surrounded by misconcep- tions. The horse racing industry in this country contributes massively to the Irish economy. At least 20,000 people are directly employed in the thoroughbred industry, without reference to sport horses or any of the rest of it. That is probably a conservative estimate — it could be argued that there are more employees in the industry. The level of indirect employment that is generated by the thoroughbred industry is also massive. I refer to people who produce and supply feed, hay, straw, leather goods and horse boxes, as well as those who construct stables, yards and the new types of gallops found in training yards. We have to face up to the fact that tens of thousands, if not hundreds of thou- sands, of jobs are indirectly supported by this massively important industry. 252 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

Deputy Barrett highlighted the benefits of race days for local economies. The employment that is generated by the thoroughbred industry is not just day-to-day, or week-to-week. Many of the horse racing festivals throughout the country are growing and have significant potential to attract tourists to this country. Festivals like those in Punchestown and Galway generate periodic employment and facilitate investment in local economies. While some of the smaller festivals that take place four or five times a year might not generate \100 million, their import- ance for local economies should not be under-estimated. It is bizarre that they are being ignored in this debate. We need to showcase this important industry. I am sorry that the development of a new stand at the Curragh is no longer being considered. Such projects are needed if we are to show the world that Ireland has a first-class horse racing industry. If one looks at the Olympic Games, for example, it is evident that Ireland does not rate as highly in any other sport as we do in horse racing. That is a fact. Deputy Deenihan referred to the sport horse industry, which is very dear to my heart as I was involved in it for many years. It has been abandoned by Government policy over the last 30 years. We used to have the best sport horses in the world. The top ten always used to include a number of Irish-bred horses. A lack of foresight has allowed that to dissipate completely. We need to decide whether we want to turn our banks on the thoroughbred industry, to make the same mistakes and to fail to support this industry. We used to be the best country in the world in terms of horse breeding and production, but we are now turning our backs on the direct and indirect employment associated with it, which is extraordinary. The notion that taxpayers are subsidising an industry that is dominated by extremely wealthy elites is a myth. Nothing could be further from the truth. Anybody who has any understanding of rural life in this country will be aware of the importance of the horse industry. As others have pointed out, the horse and greyhound racing fund is almost entirely funded from the betting levy. This industry is more than an economic activity in rural areas — it is a way of life in. Many farmers take a brood mare or two to stallion every year. They get a little supplemen- tary income from the breeding of foals. I fail to understand what is wrong with that. This is a sport that, by and large, is run by ordinary hardworking honest to goodness people. It is not the preserve of kings as some would have us believe. We value very highly the jobs created by multinational corporations in this country. Rightly, there was an outcry about Dell when over 2,000 jobs were lost yet here we are talking about an indigenous industry that creates almost 20,000 direct jobs. How can we place a lesser value on our own domestic jobs in this country? They seem to be reduced somehow and deemed less important than those created by foreign investors. I do not accept that in any shape or form. This industry is the lifeblood of rural communities. On a smaller scale, the greyhound indus- try is very important to rural communities and to people in towns and villages around the country who might have a couple of dogs. Their big social outlet, at minimal cost, once or twice a week or month, is to go to the local dog track. There has been wonderful investment here.

Deputy Sea´n Barrett: Hear, hear.

Deputy Lucinda Creighton: I know this because I worked at dog tracks when I was young. My father is a bookie and I used to go to Mullingar, Longford, Galway among others. The standard of the improvements is fantastic, to take Shelbourne Park, for example.

Deputy Martin Cullen: It is.

Deputy Lucinda Creighton: It is great and is a brilliant social outlet for people. Now in particular, when people will be unable to afford to go to Marbella, or take their ski holidays, or go away three or four times a year, they will look for a social outlet. What is so wrong with 253 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

[Deputy Lucinda Creighton.] going to the dogs for a night, or going to the races on a Sunday afternoon? It is a fantastic way for Irish people to spend their spare time. It is a domestic investment in the country and in an industry at which we excel. We are the best in the world and we should be proud of this and shout it from rooftops instead of being afraid to be associated with horse racing and the greyhound industry.

Deputy Mary Upton: I have one small point to make, namely, that the industry is not being funded from the resources that were originally intended for it. That is my only comment.

Deputy Joe Behan: I thank the Acting Chairman for allowing me the opportunity to make a brief comment. I have no difficulty agreeing with the general sentiments expressed here today. I wish to make a plea on behalf of the small independent bookmakers and perhaps the Minister might comment on it. They are currently competing against some of the major bookmakers and this is one of the difficulties with the betting tax, as I understand it. A woman contacted me from a rural town in my constituency on this issue. My understanding is that the major bookmakers are absorbing the 1% levy, soon to be 2%, by paying it on behalf of their customers. Small bookmakers are not able to compete on that kind of playing pitch. In my constituency there is at least one bookmaker who will close down if the 2% levy is introduced, with a loss of five jobs in a small rural town. That person contacted me and asked me to make this plea to the Minister. Perhaps he might examine whether there is unfair competition. Some of the major multinational companies, because of their activities on the Internet, are able to fund the price of the levy in their betting shops in this country. That is unfair. The Minister might make reference to this situation when he makes his conclud- ing comments.

Acting Chairman: Does Deputy Hayes wish to contribute?

Deputy Tom Hayes: I certainly do. I did not realise——

Deputy Martin Cullen: Coming from the south east.

Deputy Tom Hayes: ——there was time available on this topic. I am pleased to have the opportunity to say a few words on this very important issue. The Minister mentioned the south east where the industry is a significant employer. Nationally, over 30,000 people are employed in the horse business, from animal and foal production to the maintenance and breaking of animals, racing and all aspects of the industry. The industry is hugely underestimated in respect of the numbers of people it employs and now we have the opportunity to talk about it. It is important to note there are issues which may be misrepresented. There is a belief that people in the horse industry pay no tax. I heard people in recent days claiming that nobody in the industry pays tax. It is crazy. People who should be in the know, who should know better, must state that everybody in this industry, farriers, vets, farmers, jockeys — a group we must admire — is paying tax and working very hard. I live in a centre where many of these people operate and they are the most committed and dedicated people in any business or sport. We should talk up this industry. There is another aspect to it. At a time when the economy is going through great difficulty and people will not have as much money as before to go on holidays all over the world, there are a great number of race meetings that people can enjoy, and holiday festivals in counties Cork, Kerry, Galway. There is Tramore, of course.

Deputy Martin Cullen: There are point-to-points. 254 Horse and Greyhound Racing 9 April 2009. Fund Regulations 2009: Motion

Deputy Tom Hayes: There are others such as Punchestown.

Deputy Lucinda Creighton: Fairyhouse.

Deputy Tom Hayes: There are festivals all over the place. I am really pleased that people know these exist. We should promote them. I say to those who own and run the race tracks to make sure the entry fee is kept low——

Deputy Lucinda Creighton: Yes.

Deputy Tom Hayes: ——to allow younger people, in particular, to attend. Gambling is going on and there is a compulsion about it among younger people. However, on the race course it is regulated and that is the place to go, whether for horse racing or for dogs. I am conscious that the Minister is very anxious to speak but this industry needs to be protected. It is a good industry and we have the wrong impression about it. We should be proud of it. I live in the heart of it and I am proud of every person who works in the industry. We should talk it up at a time when the economy is going through difficulty.

Deputy Martin Cullen: I thank Deputies on all sides of the House for what has been a very good debate. Much knowledge was brought to the House. I particularly appreciate the spokespersons from Fine Gael and the Labour Party for the manner in which they presented their support today, and colleagues who contributed on all sides. It was important that a clear unequivocal message should go out from this House to those who have an agenda to undermine the industry. It is extraordinary to hear some of the commentary made outside the House about one of the greatest indigenous industries in the country, in which we are world leaders. I appreciate all that was said and the support for the fund. Concerning the Vote, we removed the horse and greyhound racing fund in order to highlight it and it now has its own subhead rather than being placed under the sports heading.

Deputy Olivia Mitchell: Is it presented that way in the new budget?

Deputy Martin Cullen: Yes, it is presented now under its own heading, the Horse and Grey- hound Racing Fund. I listened to the debate on agriculture but the synergies being developed in the tourism sector are having a considerable effect. A tourism package was created last year by the grey- hound industry which flew in several thousand people from France. It organised a specific dog weekend aimed at the French market. This was a great success and the project is to be expanded this year to include Austria, Germany, Spain and Italy. The tote was started up in Sweden and the greyhound sector generated \0.5 million last year. That expansion is being examined. There are many synergies at work here and the industry has much prominence now in the Depart- ment. We should not be guided by the current debate as to where the industry’s future might lie. Those might be arguments for another day. I would not undermine what is being achieved, not because I am the Minister in charge but, as Deputy Deenihan said, what we built up in recent years and the potential it has are factors that have a strong primacy right now. Perhaps if it was reduced this might not be the case. I do not mean that people would not care but it has a stronger remit in its present position. It is an important element within the Department. Deputy Behan made an argument for the small bookmakers. Deputy Barrett captured it very well too and I have spoken on the matter myself recently, as have Deputies Mitchell and Upton. We all agree that the industry as a whole must contribute. The grievance is obvious. 255 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy Martin Cullen.] Some people are making considerable profits from the industry but they are killing many aspects of it and make no contribution. They are making no contribution but are reaping the rewards of the most successful racing industry in the world. I am no expert and I am sure Deputy Barrett knows much more than I do. Some people refer to English racing being much cheaper. English racing is in considerable trouble. They are all coming to Ireland to race. One of the reasons is that Ireland is successful — we have done the right thing. While many of the prize funds are relatively small, they keep horses in training and small farmers in the business. People should not forget that. That is why Irish racing is far more successful than English racing today. People like the Maktoums are not dependent on the prize money going into point-to-point racing or even some of the bigger races. There are only one or two huge money races and even they would not keep them going. They are in it for other reasons. However, the money generally goes right across the spectrum. Horse breeding was mentioned earlier. It is ironic in some respects that some of the most successful horses in international show jumping and eventing are Irish bred but are not being ridden from Ireland. They are being bought up by Germans, Brazilians and others. The breed- ing lines are very good in terms of the production of Irish horses.

Deputy Lucinda Creighton: That is not true.

Deputy Martin Cullen: Regarding our international show jumpers there is an anomaly with regard to what Irish horses are bred for. I attended the Olympic Games at which the gold and bronze medal winners were Irish bred. Two or three of the team horses were Irish bred. I was astonished at the amount of Irish bred horses. It has come to my attention — it is pretty bizarre — that there is an issue regarding what is happening in that area; I will discuss that with the Deputy. It is something about which I would like to try to do something. I thank Deputies on all sides.

Question put and agreed to.

Financial Resolutions 2009.

————

Financial Resolution No. 11: General (Resumed).

Debate resumed on the following motion: THAT it is expedient to amend the law relating to inland revenue (including value-added tax and excise) and to make further provision in connection with finance. —Minister for Arts, Sport and Tourism (Deputy Martin Cullen). Minister of State at the Department of Enterprise, Trade and Employment (Deputy John McGuinness): I wish to share time with the Minister of State at the Department of Finance, Deputy Mansergh.

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy John McGuinness: I wish to raise a number of issues in terms of this budget and support the measures that have been debated here since Tuesday. I will start by commenting on “bags” gate about which the Fine Gael leader went on when I was not here. I wish to correct some of the issues recorded by the Fourth Estate regarding what went on. In terms of the reform of Government business, the Ministers of State were not sacked — we resigned. 256 Financial Resolution No. 11: 9 April 2009. General (Resumed)

Deputy Dan Neville: They were told to resign. What is the difference? The Taoiseach brought them all in and told them to resign.

Deputy John McGuinness: It provides the Taoiseach with the appropriate framework to deal with those positions as he pleases. It is a sign of co-operation and what we need to do in terms of understanding the economy with which we are now dealing. There is a need for reform of structures within Government to deal with the issues that face us today in a very different way from before. We had 12 years of sound economic development. We are now part of a global downturn. It is good for us to look at the way we do our business. The media have also indicated that we are lobbying hard for our positions. That is not the case. The decision will be made and will be made without that. Of course Deputy Kenny omitted a number of the other quotations from the interview I gave, which perhaps would have put it in context. It shows how far or little we have travelled in terms of our attitudes in this House to what goes on and what comments are made. I like to tell it as it is. I like to give my own view and be honest with the electorate. If that view brings in an act of contrition or a U-turn for something that we have done or have not done, I do not see anything wrong with that. In that interview I said: “This budget is not so much about the two Brians. It is about Ireland. It is about this country. It is about where we’re going and it will be a defining moment for the economy.” I went on to say: “We have to impress those that will give us money that we’re not a basket case”. If Deputy Kenny were to be fair politically, as I asked him after he made the comments, he would have put it in context. However, he was too quick to respond to a text message from my constituency, from what he described as his “communications unit”. Enough of that.

Deputy Dan Neville: It is not made up of 84 people like the Government’s one.

Deputy John McGuinness: This morning Peter Sutherland made an important contribution in the context of the debate on where we are going. He said that Ireland’s economy is not the basket case that is being presented at home and abroad. He went on to say that we have a major budget deficit problem and we know the difficulties of getting out that are considerable and much pain will be involved. He acknowledged that our industries are basically modern — associated with pharmaceuticals, information technology and services, which is a strength, and that in many ways the Irish economy was very resilient. That was Peter Sutherland speaking and not anyone from the Fianna Fa´il benches, including me or any other Minister. That is very important because it feeds into our international credibility and what we have been trying to do in the context of the budget. It puts it in place in a non-political way. It allows us either to debate that approach to politics and the economy or to be locked into the narrow view that was presented in Deputy Kenny’s comments. I prefer to view my glass as being half full. I prefer to look at the positive aspects of what we are trying to do in a very difficult time. In doing that a number of weeks ago I suggested in the course of another debate that we should have a property bank or an asset management bank. I am very pleased to welcome what the Minister for Finance has done regarding the property assets held by our banks. I hope we can quickly establish the agency to look after this and to move it on. I do not welcome it on the basis that it is a good thing for the banks or the well off — sometimes described as the fat cats. I do it on the basis that we need a sound financial structure. We need to release the banks from their present position. We need to encourage them to begin to do business all over again in a way that will support the SME sector, the micro sector and businesses generally so that they in turn can create the jobs and complete the projects in which they were engaged to encourage employment. 257 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy John McGuinness.]

If we are to get out of this we need to create jobs. Creating those jobs and creating exports will give us the best advantage when the upturn comes. To do all of that for the citizens of this country and not only for the well off we need to create the type of management structure for that agency as outlined by the Minister for Finance. As I said in the course of a debate last week, the SME sector and the micro sector are almost being prevented from doing business because the banks will not lend money. They are so unsure about their own asset base and the values of the properties they hold at present that they are not doing business as they should be. The fear experienced by those in business and those employed by enterprise should be removed by giving the banks the opportunity to do that business in every parish in the country. While we establish this agency, businesses must continue to operate, trying to deal with their overdrafts and the cost of doing business. I hope the agency will be established quickly to prevent further damage to the business sector resulting in further job losses because businesses are finding it difficult to manage and to get funding from the banks. It is necessary also to examine the cost of doing business here. This budget goes some way towards dealing with that cost but we need to do much more and to be specific about it. As much as I want the Government to tell the banks to open up and do business, I want it to tell organisations such as the ESB directly to reduce their costs by at least 25%. That is essential if we are to do business. The Government needs Departments that reflect the reality of business. They should be able to respond quickly and deal with the issues of the day in a way that allows business to be done. When the Irish Financial Services Centre was established every roadblock was removed to ensure it could do business and that Ireland could take its place in that sector as quickly as possible. That can continue to grow if Government has the right infrastructure to reflect what is needed. I have not seen a speech so badly quoted as the one I made about the public sector last September. Members of the Opposition have quoted it at public meetings, out of context and wrongly. Members of this House have misquoted it to poke fun at others. In that speech I acknowledged those who do a good job in the public sector, and that the frontline services act almost as a band aid for a sector that is not able to function because the culture and manage- ment systems need to be modernised and freed up to allow real participation by the individuals that help to make the country work daily. Reform does not involve taking a chunk of people out of a sector and jobs. It involves creating the systems and management that allow them to function in a modern economy that is challenged as this one is. It involves examining procurement across the public sector, how we do business, freeing that from EU regulations. We need to tailor the cloth to suit our measure because within procurement there is an industry worth many millions, if not billions, of euro that can support and help to develop the SME sector, which is not allowed under EU regulation. I am delighted that the Minister of State at the Department of Finance, Deputy Mansergh, is involved in the reform package in that area and that small businesses will be allowed to engage with local and national government, and other organisations or State agen- cies, to get the business they require so that we can stand over a developing SME sector which can get business from Government or State agencies and provide value for money. The smart economy involves reducing costs and bureaucratic structures and having a light regulatory hand on business while regulating the banks to make them answerable and more accountable than they have been over the past 12 years. It involves deciding whether to acceler- ate the development of wind and wave energy or nuclear power and deciding what policies are necessary to ensure that we get new thinking, value for money and apply best practice and 258 Financial Resolution No. 11: 9 April 2009. General (Resumed) technology in that area to reduce the cost of doing business. That will ensure that Irish busi- nesses grow and prosper, being supported by a county enterprise board system which has proved its value. In the face of the present economic challenge they will prove their value even more. Small businesses should engage with the enterprise boards to examine how their goods and services can be commercialised and internationalised. As we fund research and develop- ment of large multi-million euro projects we should examine how to commercialise the results so that companies can be created to bring those products and services to international markets, thereby creating jobs. We need to reward the patience of the public that we represent by bringing about real reform and engaging with it to ensure that it receives an active response when it comes to any agency, Department or this House. The public will then see the changes we want to bring about that are so necessary for modern Ireland as we develop structures in a new world trade and a differently regulated global economy. The public’s general acceptance of this supplementary budget, which is difficult for families and others, including businesses, who must pay more, will appreciate it better if its outcome provides value for the taxes invested. It will support the changes we are trying to bring about if it sees systems with which it can engage. The tax base adjustment for intellectual property is essential for the next steps in developing a knowledge-based economy. Every region should be closely linked to business and academia and there should perhaps be a centre of excellence similar to the Irish Financial Services Centre. This could encourage research and development and attract large international com- panies. That would put Ireland at the front of the knowledge-based economy, with research and development, and create new jobs associated with the pharmaceutical industry, information technology and functional foods. We need to use the foundation created by the supplementary budget to create an enterprising nation. This is vital for our future.

Minister of State at the Department of Finance (Deputy Martin Mansergh): The coming together of financial, banking and economic crises, part-global, part-domestic confronts this State with one of the biggest challenges to its independence that it has ever faced. In its sud- denness and scale of overall impact it came upon us completely unexpectedly, even if a few people had anticipated individual elements such as the housing crash. The supplementary budget involves maintaining, in so far as it is possible for any government in a globalised and interdependent world, control over our own destiny rather than throwing in the towel and becoming helplessly subject to the dictates of outside agencies with few sensitivities to our values and priorities. If we had failed to act in an appropriate and credible way and to assert our determination to master this crisis we would have run the risk of making the past sacrifices to achieve and maintain national independence seem largely in vain. Looking north of the Border to murderous attacks by splinter groups on the peace that has been successfully established one is struck by the utter irrelevance of their actions to the differ- ent acute economic challenges now facing the survival as a credible political entity of a sover- eign independent Ireland. We should not underestimate our strengths in coming through this situation or the many solid advances that were made during the Celtic tiger era. If we have an ability as a people it is in battling and overcoming adversity, refusing to be beaten and being able to call on remarkable resources of community solidarity. The prerequisite for changing any adverse situation for the better is a realism in analysing it and assessing what is needed to correct it. Leadership is also needed and it took political guts to bring in a budget such as the day before yesterday’s, which had no parallel even in the early 1980s. Conspiracy theories always beloved by Oppositions and which have undeniable public appeal regardless of the truth, will not distract the Government from what needs to be done. 259 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy Martin Mansergh.]

Between 1987 and 2007 we all succeeded in bringing our national finances back within what appeared to be prudent parameters with even a significant margin of safety. Yet in the past 12 months our finances have experienced a severe deterioration, carrying us far outside the agreed Maastricht guidelines of a 3% Government borrowing level for eurozone members. As the Taoiseach said yesterday morning, the Exchequer cannot go on borrowing \20 billion without severely undermining ours and our children’s future. Corrective action is essential but the scale of the problem is such that it cannot be all accomplished at once. We are not pursuing a policy that would lay waste to all we have achieved in employment growth, improvements in living standards and better public services to achieve a predetermined but elusive cyclical budgetary target. The essence of what we are attempting to do is to ensure the minimum necessary cuts in expenditure and increases in taxation fall as far as possible on those who are able, perhaps, with some difficulty to bear them rather than on the weakest and most vulnerable sections of our society. Nobody is minimising the fact that this has had to be a tough budget if we are to hold the deficit within bounds and begin to arrest and reverse what has been its alarming runaway growth. The lesson of the mid-1980s was that carefully chosen expenditure cuts have a less damaging impact on the economy and confidence than a strategy based purely or mainly on increasing taxes. In this budget, expenditure is cut by a further \1.4 billion, making nearly \5 billion in total since the 2009 budget was first introduced last autumn, with revenue raised by a further \1.8 billion. Because of increases in certain categories of Government expenditure in a recession — social welfare, medical cards, etc. — known to economists as automatic stabilisers, gross Government expenditure will still increase by 2.2% against a background of a fall in prices of nearly 4%. In this budget, expenditure is cut by a further \1.4 billion, making over \4 billion in all since the first spending adjustments were made in July of last year. It is accepted that the cost of overheads in Government expenditure had to be tackled. The political system has to give leadership and show example. I am on record since January as suggesting the number of Ministers of State could be reduced to 15, corresponding with the number of senior Ministers and I reiterated that view only a fortnight ago during the debate on the Fine Gael Private Members’ motion while stressing that this decision was for the Taoiseach and the Government. There is no doubt that the tasks of Government have increased and despite public and media perceptions to the contrary, existing Ministers of State are kept fully occupied and have important sectoral and delegated responsibilities. That was the justifi- cation put forward when the rainbow coalition increased the number of Ministers of State by two to 17 in December 1994 and it was the justification when they were further increased by former Taoiseach, Deputy Bertie Ahern, to 20 in 2007, a situation inherited by the present Taoiseach. Circumstances have compelled a review of this situation. The reduction in the number of Ministers of State will also be accompanied by a reduction in a variety of Oireachtas allowances and paid positions. These reforms are welcome as they change for the better, aspects of our mode of operation which detract from public regard for the Oireachtas so we can respond more firmly to those who would denigrate our core democratic institutions. The Minister, in his speech, made a point of potentially as much significance as any of the specific measures announced when he said he had asked the review body on higher remuner- ation in the public sector to undertake a full review of top-level payments to take account of the changed budgetary and economic circumstances and the changed private sector envir- onment, and to benchmark rates against those of other EU countries of comparable scale. He believes pay at leadership levels in the public sector should be more in line with pay in other 260 Financial Resolution No. 11: 9 April 2009. General (Resumed) countries rather than with top-level private sector pay in this country, which had become over- inflated in recent years and is now falling. The Minister has defined in a nut shell what has gone wrong over the past decade. The the late 1990s private sector pay at higher levels was powering ahead and those in the public sector felt they were losing out, with those at the top feeling they were of as much value to society, if not more, as many of their private sector counterparts. Whether that was true or not, such benchmarking was misguided and those who work in public service must return to the ethos that it has an intrinsic value that can never be measured by salary levels, bonuses or other perquisites. When I joined the public service by open competition in 1974, there was no such thing as bonuses and the public service was the better for it. The one area where there have been no serious, let alone deep, cuts has been social welfare. Last autumn, welfare rates were increased by approximately 3.5% for a year when the cost of living is expected to fall by approximately 4%. Taking account of the cancellation of the Christmas bonus for the time being, that represents a real increase. For a long time there was a debate on the cost of child care, whether there should be a direct payment, tax credit or pre- school provision. I am personally delighted the Government has opted for a free early child care and education year, which is most progressive as well as effecting a net saving. If I remem- ber correctly, that was also the drift of Labour Party policy. This will also address some of the operational problems facing community child care facilities in a context of rapidly rising unemployment and help secure their future in which a great deal has been invested. As one resigned Minister of State to another, I add my congratulations to the Minister of State, Deputy Barry Andrews, on an important political achievement in the best traditions of Fianna Fa´il.

Deputy Dan Neville: What did he do?

Deputy Martin Mansergh: While capital investment is important, the severity of the deterior- ation in the public finances inevitably means there will be a significant delay in the delivery and completion of the national development plan. When we had the resources over the last ten years, it enabled us to go full speed ahead on improving many deficient aspects of our infrastructure. The completion of the national motorway network in particular will be one of the principal permanent legacies of the Celtic tiger era, but there have also been great improve- ments in public transport, including rail and the Luas. The cutbacks in maintenance need to be temporary if the investment and public safety are to be protected, and this applies to both road and rail. The OPW has seen a 25% reduction in its nominal budget since last summer but the falling costs would have softened the impact of that to some degree enabling us to achieve more with less, for example in flood relief schemes. It has taken on additional functions such as responsi- bility for coastal flooding and the establishment of a national public procurement operations unit, on which the previous speaker, the Minister of State, Deputy McGuinness, spoke. While there is a voluntary retirement scheme for over 50s in the budget for public servants and arrangement for more flexible working including unpaid leave, which have been cautiously welcomed by the public service unions, and there is some parallel with the voluntary redun- dancy scheme in the 1987-89 period, the preservation of jobs for those who have and need them has taken precedence over the preservation of income levels, which was the reason for the pension levy. The tax provisions for the budget are onerous but fair and can legitimately be described as highly progressive. All those above a minimum threshold contribute something, but those on higher incomes contribute more. It is not viable to maintain approximately 30% of the population entirely tax-free, although the small contributions asked at lower levels will be compensated for by the drop in the cost of living. 261 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy Martin Mansergh.]

There is no doubt that the additional impositions will put a serious strain on family finances in very many cases, but at least most of those concerned are in jobs with reasonable incomes. The purpose is to protect all our futures and to hasten some recovery from which we will be in a position to benefit. We need to begin to get our economy and public finances on the road to convalescence and that is in the interests of the future protection of everybody in this society. In the 1980s there were constant complaints about the limited contribution company and capital taxes were making to our economy. With the high level of activity and the reform of those taxes, both came to make a very important contribution to Revenue. The reliance on them has greatly diminished and alternative sources must be found. The marginal increase in capital gains tax to 25% will not seriously discourage such transaction activity from taking place but is an expression of social solidarity. With falling asset values, a lower and less overly generous approach to capital acquisitions tax with a higher rates and lower thresholds is justified. The NTMA was created about 20 years old and has proved to be of invaluable assistance in managing public debt and performing other challenging tasks given to it by Government. The management of the NAMA is probably its biggest challenge to date. Given the responsibility of the parent organisation for borrowing on markets abroad and the need in that 4 o’clock context to maintain Ireland’s creditworthiness, it has a keen interest in making a success of what will be a closely watched operation. As a sovereign country, we are able, in consultation with international agencies, to devise an innovative approach that addresses our problems. In this supplementary budget we are not simply imitating any other country but are trying to avoid approaches that would have a probability of creating even greater difficulties. Politically, Governments in the 1980s had difficulty maintaining the support necessary to carry corrective measures. Two Governments fell in 1982 because of that and another coalition broke up at the beginning of 1987. With the benefit of a steady majority and solid partnership, the Government will provide the stability needed over a full term to carry us through to the other side without shirking necessary actions at any point along the line. The costly escapism of calls for elections or predictions of public disorder would not help anyone’s situation. Policies sketched out in Opposition bear little resemblance to what any party would actually have to do in government. As underscored by the Minister for Finance, part of getting back on track will involve affir- mation of our willingness to be fully committed members of the European Union on the basis of a treaty negotiated and agreed by all EU Governments. We cannot expect to restore confi- dence in the Irish economy if serious question marks are allowed to remain about the future extent of our membership of the European Union. The European mainstream is the social market economy, not the socialist command economy nor, on the other hand, the lightly, regu- lated neo-liberalism which carried to extremes, has caused much of the current disaster. We need to manage the balance between Frankfurt and New York. A United Irish patriot from a Tipperary family who subsequently became Attorney General of New York, Thomas Addis Emmet, told a secret committee of the old Irish Parliament in 1798, by way of justifying Ireland’s dream of republican independence, “America is the best market in the world and Ireland the best situated country in Europe to trade with that market”. That largely sums up our economic position today.

Deputy Dan Neville: I wish to share my time with Deputies Breen and Durkan. 262 Financial Resolution No. 11: 9 April 2009. General (Resumed)

An Leas-Cheann Comhairle: That is agreed. Is the Deputy also sharing his time with Deputies Kehoe and Feighan, as they are also on my list as sharing time with him?

Deputy Dan Neville: No. I understand we will each have ten minutes.

An Leas-Cheann Comhairle: Very good.

Deputy Dan Neville: I am concerned that the Government’s approach to the provision of mental health services is such that it will be confined to the bottom of bundle of matters to be addressed on the Government’s desk. In his Supplementary Budget Statement, the Minister for Finance said:

I will terminate the property-related accelerated capital allowance schemes in the health sector. This scheme covers private hospitals, registered nursing homes, convalescent houses and associated residential units as well as mental health centres.

I have two questions for the Government, which I am sure the Minister of State, having regard to his portfolio, would not be in a position to answer. How much has been allocated for capital allowances on mental health centres? How many mental health centres have been funded through that means? I know of none. I welcome the fact that schemes for palliative care units and child care facilities will remain in place. I respectfully suggest that the schemes for mental health centres and the private mental health institutions, if they were developed, should remain in place, as well as the two other schemes I mentioned, to support the delivery of mental health services. The private sector has not been involved in the mental health sector in the way it has been involved in the general health services. In terms of the need for places and the availability of them in other institutions, the relationship between HSE public sector mental health insti- tutions and private institutions and the non-profit institutions has been non-existent. In regard to services for the elderly, the HSE contracts out beds for the elderly in private nursing homes. Such an arrangement can work well. Periods of respite care are also provided in private nursing homes. That also works well. Some 28 beds lie idle today in St. Patrick’s Hospital in Dublin, the non-profit psychiatric hospital, while there are waiting lists for psychi- atric care. Has the Minister for Health and Children and the Health Service Executive con- sidered contracting beds from the psychiatric services to provide for people on those waiting lists similar to the arrangement that operates in the general health services? There seems to be a barrier to doing that. I do not believe that has ever been explored and now the Minister for Finance has said that the property-related accelerated capital allowance schemes for mental health centres will be terminated. I would like a response to that; a letter from the Health Service Executive in the next week would suffice, that would indicate the number of mental health centres that have been allocated capital allowances under the scheme and the cost involved. I believe it will probably be nil. If that transpires to be the case, I question why the allowance schemes are being abolished. I tabled a parliamentary question to the Minister for Health and Children in the past ten days on the percentage of the total health budget the allocation for mental health services for 2009 represents. I was informed it is 6.7% of the total. Bearing in mind that one in four people at some stage in his or her life will suffer a mental health need, that allocation is abysmal and a disgrace. It is neglectful of those who have a psychiatric illness and their families that only 6.7% of the total health budget is allocated for mental health services, bearing in mind that in the 1960s the allocation was 25% of the health budget and in the 1980s it was 18%. In England and Wales, 12% of the total health budget is allocated to psychiatric services and in Scotland the allocation in that respect is 18%. With our allocation of only 6.7%, we are ignoring the needs in this area. 263 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy Dan Neville.]

I draw these percentages to the attention of the Minister, following the debate that has taken place on the supplementary budget. Is there any point of raising this issue any more with the Government? Is there any hope of a response from the Government to the needs of those suffering from a psychiatric condition and their families? In times of plenty we raised this issue repeatedly and got little or no response. Will the Government at least say to me there is no point in continuing to raise this issue because in the current climate the provision for psychiatric services will be ignored? Last Friday a report of the Committee of Inquiry to Review Care and Treatment Practices in St. Michael’s Unit, South Tipperary General Hospital, Clonmel and St. Luke’s Hospital, Clonmel, including the Quality and Planning of Care and the Use of Restraint and Seclusion, which reported to the Mental Health Commission, was published. If this publication was made in any other area of the health services, there would be a furore over it by everybody including the press and there would be Government statements and responses to it. The Minister of State, Deputy Moloney, in his statement in response to it said that he accepted most of the criticisms of it. I listened to an interesting comment on the report by Fergus Finlay on the radio programme “Drivetime”, which encapsulated the views of those of us who have read the report. It is a complex report running to some 196 pages and one has to read through it to get the salient points. In his contribution Fergus Finlay spoke about what the reaction to this publication would be if it were about cats and dogs suffering from cruelty in Ireland, caged up for weeks on end with no company, never allowed fresh air or exercise, with their pens not properly cleaned out and the animals dosed with drugs to keep them quiet. He went on to say that if it had happened in a cats and dogs institution, the story would have exploded all over the news and excited a good deal of anger. He said we would all want to know who was responsible and the Garda would investigate the conditions in which the animals were kept, especially if they were injured. He referred to a news story last week that featured prominently in some news- papers, while it was tucked away in others, about the treatment of psychiatric patients in that institution. It was aired on the RTE News at 6 p.m. but not at 9 p.m. The Mental Health Commission’s investigation of this undermines any claim that we are a civilised society, given that we treat human beings in the manner as outlined in the report. One cannot read the report and conclude that those people’s lives matter to anybody in authority, whether the Minister for Health and Children, the Department or its agencies. A report pub- lished in 2004 highlighted an unusual pattern of injuries to patients. There were many fractures, the incidence of which was highest among local hospitals. These were unidentified non-acciden- tal bone breakages which were detected later in X-rays. I ask the Minister of State whether the Government will respond to the issues I have raised. When the Da´il returns it should give an hour or two of Government time to discuss the report in detail so that the relevant agencies in the Health Service Executive can respond, and the Minister, Deputy Harney, the Minister of State, Deputy Moloney, if he is in situ, or whoever, can make a statement on the matter the House. All parties should acknowledge that this type of treatment of human beings is unacceptable and should not happen in a civilised society.

Deputy Pat Breen: I am delighted to be able to speak on the motion before the House this afternoon. I am disappointed, however, that the Minister of State, Deputy Finneran, is the only Member from the Government side in the Chamber. They cannot all have returned to their constituencies, because I am sure most of them would not be welcome there, following the most severe budget of all time. They must be hiding somewhere, whether in the House or 264 Financial Resolution No. 11: 9 April 2009. General (Resumed) elsewhere. Of course there was not the same applause for the budget on this occasion as there was last October. It was a muted response, very different from the celebrations last October. The Minister for Finance claims the budget sets out a plan to renew our economy over the next five years and those who have most must give most. The budget is bereft of ideas. In my constituency, County Clare, for instance, nearly 10,000 people are out of work and unfortu- nately the budget contains no measures to deal with this crisis. It contains no measures for employment creation, no stimulus package and the reality is that those with the least will pay the most while, once again, the Galway tent syndicate will be bailed out. How can the Minister claim this budget is fair when workers earning as little as \289 a week will have to pay an income levy, following the decision to reduce the exemption threshold from \18,304 to \15,028. The only disincentive to work should be its unavailability. However, because of this budget people on low incomes will be forced to remain on social welfare and driven into the black economy — that is the reality. One of my constituents told me after the budget that the difference between him going to work and staying at home was \5. His asked why he should get up out of bed in the morning for the sake of \5, and I believe that is the position of many people on low incomes. I am pleased, however, that the Government did not hit carers who play an invaluable role in Irish society. I hope more funding will be given to them next time around. I want now to deal briefly with a very important issue affecting my constituency, which has to do with resources, namely, publication of the HIQA report. The report was supposed to provide answers for the families of those patients whose cases of cancer misdiagnoses led to the inquiry. Unfortunately, however, there were no answers and instead the report endorsed the policy and objectives of both the HSE and the Minister for Health and Children, Deputy Harney, namely, the implementation of the teamwork report and the further downgrading of Ennis General Hospital. That is regrettable, in the same week when the accident and emer- gency services at Ennis General Hospital saw its doors being locked at 8 p.m. The report claims that the current 24-hour emergency care is unsustainable and should be discontinued. It recommends that we should have a day-time minor injury-led service. In the context of the resources, I was told today that it was up to the HSE to make them available. I appeal to the Minister for Health and Children and to the Minister for Finance to make available the neces- sary resources to upgrade the hospital. This is extremely important, as we have had so many promises down through the years. Unfortunately, the essential resources have not been put in place and this is a very sad day for the dedicated staff of the hospital and the people of County Clare. It is the wrong way forward and sounds a death penalty for the hospital. Returning to the budget debate, I believe lessons had to be learned from the October budget, but unfortunately, the Government have not learned them, particularly as regards older people. The decision to withdraw medical cards from the over 70s has been a complete fiasco. Many older people have had their medical cards wrongfully removed and now the HSE is extending the deadline by three months for returning these medical cards to them. Many older people in my county live in fear, especially those who live alone in isolated areas. The Minister of State will be aware of this scenario, since he lives in Roscommon where there are many rural areas. The provision of the panic button and the personal alarms was a great support for older people and a source of comfort for them and their families. This scheme is now to be axed and that is wrong. The Government got it wrong last October and it has got it wrong again. I appeal to the Minister of State, Deputy Finneran, as a good friend of mine, to review this decision and not force our elderly people to live in fear of their lives in their homes. Many of those on social welfare will get another hit at Christmas, when their bonuses will not be paid. Many people looked forward to that bonus. It was an opportunity for them, 265 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy Pat Breen.] perhaps, to give a present to a loved one at this joyous time of year, which now, unfortunately, will be a sadder time for a great many people, especially with the rising cost of living. It will be difficult for people to cope with the adjustment to the cost of living. The farming community, too, is in the firing line once again, as it has been over the course of successive budgets introduced by this Government. Some 12,000 farmers have signed up for REPS 4. The Minister for Agriculture, Fisheries and Food, Deputy Brendan Smith, had com- mitted a budget of \355 million for REPS this year. In spite of the fact that farmers have now signed up for a five-year contract, they are once again being hit by a 17% cutback in this scheme. That is incredible and wrong because they will also have to pay their income levy. The budget measures hit farmers not just once or twice, but in all the other areas in which costs have increased. It has become expensive for farmers to produce beef and other food, partic- ularly because of the increasing price of fertiliser and animal feed. The abolition of the \14 million fund for the fallen animals scheme is also worrying. This scheme compensates farmers for the cost of removing dead animals. Forestry supports are being reduced by 8%. My constituency office has been contacted by a number of farmers who have been crippled by this budget. There is no incentive to encourage young people to take up farming because profits are already limited and the budget only presents further obstacles. The removal of installation aid from young farmers in last October’s budget was anti-farming. The Government will be hit in the local elections on 5 June. I do not know if I feel sorry for the Fianna Fa´il candidates who will face the people’s anger when they knock on doors. The \150 million reduction in the local authority roads fund will have significant implications for rural areas and road safety. Rural roads accounted for more than 70% of fatalities in 2007. God help the county councillors who will be elected in June because they will face major challenges. Fine Gael is opposed to increasing rates because they will have a huge impact on small and medium-sized enterprises which are already struggling to survive. The budget represents a lost opportunity. People no longer have faith in the Government and they do not believe it is capable of leading the country out of recession. Strong leadership is required but this is not coming from the benches opposite. We cannot afford failure because the future of our country is at stake. The Government should step aside because it is failing the people. I could say more but I must give way to my colleague, Deputy Durkan.

An Leas-Cheann Comhairle: Deputy Durkan has ten minutes.

Deputy Bernard J. Durkan: I am delighted to have the opportunity to contribute to this debate. Like other Deputies, I could speak for much longer than ten minutes. I would not lose inspiration after several hours given the importance of the issue before us. My response to this budget was not joyous given that it represents the third attempt since December to solve our economic woes. I do not address my remarks specifically at the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Michael Finneran, who is sitting opposite because, like all Members of this House, he is a decent individual. Unfortunately, however, the issues we have been raising for the past six years were ignored. We were ridiculed and told that we did not know what we talking about. The experts should put their hands up and admit they were wrong to ridicule us. The public is about to be severely punished for eight years of mismanagement. It has never happened previously in the history of this State that a succession of punishment beatings were meted out on the public. They did not cause the problem, however. The Government may claim it is part of a partnership but management is supposed to manage. It is like the old story of management blaming unions because the show went off the rails. Unions have a job to do 266 Financial Resolution No. 11: 9 April 2009. General (Resumed) but management has ultimate responsibility for taking decisions. Unfortunately, in this case, the management wilted. This budget comes hot on the heels of its predecessor and the public has not yet recovered from the last punishment beating. People have just begun to see the impact of the last intrusion on their wage packets. I do not think the Government fully appreciates the grave danger we face that the economy will come to a total halt. It is not possible to generate industrial and commercial activity by taking so much money out of the economy. It was agreed that tough decisions had to be taken but a competition seems to be under way on who can generate the most pain. Adlai Stevenson used the phrase “no gain without pain” but the only gain in this budget is pain. What is even worse is that we have nothing in the pipeline except more of the same. I have serious doubts about the future. We may face another budget in three months time in a further attempt to put the economy back on the rails. We will be much worse off by that stage. I contest the notion that the budget announced by the Minister for Finance will work because similar proposals have failed everywhere else. Those who think our economic problems can be solved without first dealing with our empty housing stock are codding themselves. The budget proposes to deal with this issue gently at some time in the future. The Ta´naiste made an interesting remark on today’s Order of Business in response to an Opposition suggestion that the Government intended to cushion the impact on those who used to frequent the tent. She claimed that the reverse was the case because bank share prices have fallen. That argument does not stand up to scrutiny. The Government is pushing different buttons and hoping for a result. It looks at the board and asks us to agree that the colours are bright and wonderful but it is causing huge pain and the public are scared that worse will come next year. This crisis presents opportunities for those who have for many years nurtured hate lists. We see this in the proposed abolition of child benefit. This has been on the agenda for years but it is extraordinary that it is being introduced at a time when most other European countries have taken measures to encourage population regeneration. The women of Ireland are being punished for having children on the grounds that millionaires’ wives should not receive child benefit. At our current rate of progress, we will soon have very few millionaires left. Child benefit was intended as a recognition of the work done by mothers in rearing children. I am totally opposed to any attempt to interfere with the payment because of the negative social impacts and the implications for household budgets. It is an anti-family proposal and an exer- cise in bureaucratic bookkeeping. Another proposal coming down the tracks — or down the tubes, as the case may be — is the Green Party’s wish list idea for a carbon tax. It is being introduced in the current climate as a necessary evil. We are told we must have this carbon tax because we need money. We are also told that it will be hugely beneficial in dealing with the carbon footprint, but that is rubbish. The tax has been introduced in other jurisdictions, yet the carbon footprint has not disappeared and nothing has changed. It just meant that a means was found, under another guise, to extract taxes from the unfortunate motoring community. If we continue along this route it will not be necessary to introduce incentives to put people on foot or on bikes. They will be reduced to that anyway because they will have no other means of transport. This proposal is not part and parcel of what is required at the present time. We have had a number of years of the Celtic tiger and we commonly hear that we were all responsible, but were we? Were all the people of this country responsible? Some people never benefited from the Celtic tiger, which has come and gone.

An Leas-Cheann Comhairle: The Deputy has only one minute left. 267 Financial Resolution No. 11: 9 April 2009. General (Resumed)

Deputy Bernard J. Durkan: In general, the public is now receiving one beating after another for something it did not do or call for, but unfortunately the Government abdicated its responsibilities through mismanagement. The Government continually said that the fundamen- tals of the economy were correct. That phrase has gone now, however, to be replaced by “We are all responsible”. The Government wants to share the burden with the Opposition and every poor victim in the community. In a moment of generosity, the Government wants to share its incompetence with everybody in the country. What an appalling scenario.

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): As was made clear by the Minister for Finance on Tuesday and in the weeks leading up to the budget, the decisions taken by the Government on measures to help restore balance to the public finances have been extremely difficult. They are necessary and have not been undertaken lightly. It is fair to say that they are among the most difficult economic decisions any Irish Government has faced and our deliberations have taken place against the backdrop of the most severe global economic crisis since the 1930s. The Minister for Finance has already outlined how the difficult decisions focused on revenue raising will impact on the standard of living of all our citizens. Of course, raising revenue is just one side of a difficult budgetary equation. The other involves achieving expenditure savings across all areas of public policy and in every Department. The budget of the Department of the Environment, Heritage and Local Government has had to play its part in this process and the housing area, in particular, is taking on a significant proportion of the Department’s burden. Given the levels to which investment in housing sup- ports has increased in recent years, it would be unrealistic to expect otherwise. However, it is important to bear in mind that the achievements we have secured on foot of that investment mean that we face into the challenges of 2009 and beyond from a position of relative strength. The expenditure adjustments required will create challenges — challenges for my Depart- ment, for the local authorities who deliver the bulk of housing services to households who need them, and for the voluntary and co-operative sector, which has radically stepped up its level of activity in recent years, supported by significant Exchequer investment. Foremost among the challenges faced by all of us involved in the housing area will be how the adjustments that must now be made are applied to those households that depend on the services being provided. The clear objective will be to ensure that we minimise the effects of the expenditure adjustments on those whose support needs are most acute and reorientate other programmes that can better adapt to the changing circumstances. Notwithstanding the scale of the deterioration in the public finances, the Government’s com- mitment to responding effectively to a range of housing needs remains solid. The Government has provided record levels of resources for social and affordable housing, improvement prog- rammes and regeneration measures in recent years, including some \1.73 billion in Exchequer funding in 2008 alone. Investment on a scale like this has enabled us to achieve record levels of activity, with the needs of some 19,500 households, in total, met last year through the full range of social and affordable housing programmes. Now however, as other Ministers before me have acknow- ledged, we are operating in a significantly more constrained environment. At the same time the increase in net need for social housing over the period 2005-08 reinforces the ongoing need to prioritise the provision of housing supports. The Exchequer provision for housing for 2009 reflects these facts. While down on the pro- vision for 2008, it still represents a significant level of investment. However, the extent of social housing need demands that we strive to maintain the momentum we have built up, that we try 268 Financial Resolution No. 11: 9 April 2009. General (Resumed) to deliver more for less, and that we continue to develop flexible and imaginative approaches to respond effectively to the diverse housing needs that exist today. The adjusted housing provision for 2009 — at \1.412 billion — shows a reduction across current and capital funding of some \240 million from the provision announced in October last. As I have already said, while there is no doubt that a reduction of this level will require difficult adjustments across a range of social and affordable housing programmes, in the circum- stances in which we find ourselves it still represents a significant level of investment by the Government in the delivery of a diverse range of housing supports. Therefore, while the inevitable impact of the reduced level of financial resources will move us from a period of significant expansion of housing activity into a period of consolidating activity around current levels, it is important to bear in mind that activity levels are now at a level that is catering for the needs of more households than ever before. In other words, if we are required by our current economic and fiscal position into a period of consolidation, it is far better to be consolidating record gains, as we are. The way in which the adjustments to the provision announced in October are to be applied is guided by a number of key strategic objectives. First, while recognising that the pool of resources available to us has reduced, we will continue to prioritise as far as possible activities focused on meeting the needs of the most vulnerable and disadvantaged in society. Second, we will be endeavouring to make the most significant adjustments in areas where we believe that the changed housing market environment provides the greatest opportunities for new and flexible approaches to programme delivery. This will allow us to lessen the impact of the more constrained resource environment to a greater extent than would otherwise be possible. The roll-out of the new long-term leasing initiative for social housing is a prime example of this, allowing us to match up a significant social housing need with the increased availability of good quality homes available on the market. Third, the Government recognises the significant labour intensity of particular programmes and their capacity for maintaining and supporting employment. In that regard we will, to the greatest extent possible, be reflecting this in our ongoing commitment to regeneration and remedial works projects. Recognition for labour-intensive activities is a common thread across many decisions in this budget. I would like now to outline some of the details of the adjusted 2009 provision. Homelessness is, of course, the most extreme manifestation of housing deprivation. I have outlined in this House, and beyond, the priority I personally attach to tackling the causes and effects of home- lessness. I need not do so again now, but I should re-emphasise that funding for the provision of accommodation and related services for homeless persons and households is being increased in 2009 by over 5% above the 2008 figure. In the context of the wider budget, in which the two central themes have been revenue raising and expenditure saving, this is a significant achievement at a pivotal moment in the implementation of the Government’s strategy on homelessness, entitled “The Way Home”. Demand under the revised suite of adaptation grants for older people and people with dis- abilities has been exceptionally strong since its introduction in late 2007. This is due in part to publicity surrounding the launch of the revised schemes, a widening of the eligibility criteria for the target households, an expanded range of works to include improvements as well as more essential basic repairs and higher levels of grant in aid. Funding pressures arising from this emerged in a number of local authorities last year and demand under the schemes this year looks set to be strong once again. An increased Exchequer allocation of \75 million for these schemes in 2009 was provided for in the October budget. However, conscious of the deteriorating economic position later in 2008 and the risk that this 269 Financial Resolution No. 11: 9 April 2009. General (Resumed)

[Deputy Michael Finneran.] could ultimately impact on the 2009 budgetary provisions, further Exchequer funding of \12 million was provided towards these schemes in the final quarter of 2008, ensuring that many local authorities were facing into 2009 in a better position to respond to existing and new demand. As a consequence, this allows scope for the provision for the schemes in 2009 to be reduced from the initial \75 million. We will still aim, however, to provide a similar or even higher Exchequer allocation for the operation of the grants schemes in 2009 than the initial allocation for 2008. This is another good outcome in the circumstances, which will allow for the payment of grant aid to an estimated 12,000 of the most vulnerable and disadvantaged households. In many cases these grants will enable people to continue to live independently by avoiding the need for long-term residential care or in other cases facilitating discharge of such households from long-term care. An evaluation of the grants schemes is under way. The conclusions that emerge from the evaluation will be crucial in helping to ensure the schemes can continue to focus on the needs of the households most in need of support, taking account of the terms of the schemes and the more constrained resource environment. We have all seen the extent to which trends in the overall housing market are being reflected in the affordable housing area. These trends have changed dramatically the landscape for affordable housing in a short space of time. Just a few years on from the Towards 2016 agree- ment, with lowering prices in the wider market eating into the differential between affordable and market prices, we find ourselves with a slower uptake of affordable housing and an increase in the stock of affordable housing units on the books of local authorities. I am taking prompt and appropriate action to respond to the new affordable housing context. Only yesterday, my Department communicated a comprehensive strategy to local authorities to assist them in ensuring that available affordable homes are brought into use as soon as possible in the most appropriate and effective way. The Government remains committed to supporting the home ownership aspirations of the greatest possible number of households. However, with national affordability levels back to 2003-04 levels and affordability in Dublin back at levels last seen in the late 1990s, the number of households which need support in realising those ambitions is decreasing. In the circumstances it is appropriate, therefore, that the financial provision for affordable housing be adjusted to reflect diminishing demand in many areas in order that the burden of adjustment required under programmes targeting lower income households can be reduced. We will again provide significant levels of investment to support the activity of the voluntary and co-operative housing sector in 2009. While this will not match the levels provided last year, it must be borne in mind that the 2008 provision was boosted over the course of the past year by the provision of an additional \80 million of investment beyond planned levels under the capital loan and subsidy scheme. The consolidation of activity under the schemes this year comes in the wake of record levels of investment which have secured record levels of output from the sector in recent years. Notwithstanding the funding pressures, significant output will again be delivered this year, meeting the needs of disadvantaged households and communities throughout the country, while supporting employment in the construction sector. The voluntary and co-operative sector remains a key partner for the Government and for local authorities and the funding being provided means voluntary housing programmes will continue to form a major part of the overall social housing investment programme.

Debate adjourned. 270 Hospital 9 April 2009. Services

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Alan Shatter — the need to implement the Labour Court decision No. FTD 0819; (2) Deputy Joe Costello — the provision of a permanent school for Gaelscoil Bharra, Dublin 7; (3) Deputy Thomas P. Broughan — the possible disruption of services at Dublin Bus and Bus E´ ireann; (4) Deputy John Perry — the transfer of breast cancer services from Sligo to Galway; (5) and Deputy Paul Kehoe — the future employment of REPS planners in Teagasc. The matters raised by Deputies John Perry, Paul Kehoe, Alan Shatter and Joe Costello have been selected for discussion.

Adjournment Debate.

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Hospital Services. Deputy John Perry: The issue of cancer care services for the north west will not go away. The HSE has established what it calls a transition team to plan for the removal of cancer care services from Sligo General Hospital, while at the same time oncology professionals in the hospital are refusing to co-operate with the transition proposals. This is a matter of serious concern to the people of the north west and one to which the Minister must give immediate attention. To anybody who has taken even a most cursory interest in the strategy to transfer cancer services out of Sligo General Hospital, the current position will not come as a surprise. The original decision to propose the transfer of cancer care from Sligo Hospital was wrong. It ranks among the worst decisions taken by the Fianna Fa´il-led Government and its Minister for Health and Children whose legacy as a public representative it will tarnish. The strategy being implemented means there will be no comprehensive cancer care service north of a line extending from Galway to Dublin. Equity of access cannot be delivered by ignoring geography. It is unacceptable to the people of the region that the present strategy ignores the breast cancer care needs of the population north of this line. The case for transferring cancer care services from hospitals with a small workload does not apply to Sligo, as the facts show. It is validated, for instance, by the current volume of breast cancer cases treated at the hospital. Sligo General Hospital expects to report more than 110 new breast cancer cases and more than 90 breast cancer surgical procedures in 2009. The hospital has a dedicated clinical team with top class breast cancer expertise. The results prove the hospital is already achieving outcomes to match world class standards. The argument for closing down cancer care centres with a small caseload clearly does not apply to Sligo Hospital. This is an important issue for Sligo and a huge protest is planned in the town tomorrow. Since the strategy was first announced, I have called on the Minister to provide specific scientific references to justify the transfer of cancer care services from Sligo. On each occasion I have issued this call, she has referred me to a list of articles on the Internet. This is not acceptable. The Minister cannot provide precise scientific references to justify the removal of cancer care services from Sligo Hospital because such references do not exist. The people of the region are completely opposed to the proposed transfer. Several weeks ago I personally delivered, on behalf of the team doing effective work on the issue, a petition of 50,000 signatures to Government Buildings, providing clear evidence of the outrage felt by people in the region. Since the announcement of the strategy to consolidate cancer care 271 Hospital 9 April 2009. Services

[Deputy John Perry.] services, I have argued the case for the retention and development of cancer care services at Sligo General Hospital. The oncology medical personnel are still fully committed to keeping breast cancer services in Sligo. They have also confirmed that they are not, and will not form, part of the transition team. I compliment the medical team at the hospital on its dedication and commitment. This is not a political argument as the medical team has justified the retention of the excellent service it provides. Oncology professionals at Sligo General Hospital are taking practical action to oppose the transfer of cancer care services from the hospital because they believe the development of the present service is the strategy that is in the best interests of patients in the region. Their action has not been initiated lightly, nor is it motivated by professional territorial protection considerations. It is clear to anybody who speaks or listens to the oncology pro- fessionals in Sligo that their sole interest is what is in the best interests of the patients. They know an excellent service is being provided in a cost-effective manner by Sligo hospital and that it should be retained. They understand the resources and facilities to ensure patients receive access to the best possible care are already in place in Sligo. As the Fine Gael TD for the constituency which is impacted most by the proposed transfer of services, I fully support the view that retaining breast cancer services at Sligo hospital is in the best interests of patients and I applaud the oncology professionals on their principled and dedicated commitment and the courageous stance they are taking in not supporting the transition team. The proposed plan to transfer these services is opposed by the people of this region, as shown in 50,000 signatures delivered to the Taoiseach, by most public representatives and, most important, by the oncology professionals in the hospital and the more than 75 family doctors living in the catchment area of Sligo hospital. I again call on the Government to take decisive action in support of the retention and development of breast cancer services in Sligo hospital.

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I will be taking this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I welcome the opportunity to set out the current position to the House regarding the restructuring of cancer services, with particular reference to Sligo General Hospital. Although Ireland’s cancer survival rates have been increasing faster than most other coun- tries, they are still lower than those in other OECD countries and we must focus on improving them. The goals of the national cancer control programme are better cancer prevention, detec- tion and survival through a national service based on evidence and best practice. This involves significant realignment of cancer services to move from a fragmented system of care to one which is consistent with international best practice in cancer control. There are eight hospitals in Ireland which have been designated by the HSE as cancer centres, in line with the recom- mendations of the 2006 cancer control strategy. These eight hospitals will operate within four managed cancer control networks, within which cancer diagnosis and surgery are to be located. The designation of cancer centres aims to ensure that patients receive the highest quality care while at the same time allowing local access to services, where appropriate. Diagnosis and treatment planning is, or will be, directed and managed by multidisciplinary teams based at the cancer centres, but much of the treatment other than surgery may be delivered in local hospitals. In this context, chemotherapy and support services will continue to be delivered locally. The HSE has designated University Hospital Galway and the Mid Western Regional Hospital as the two cancer centres in the managed cancer control network for the HSE western 272 Rural Environment 9 April 2009. Protection Scheme region, which includes Sligo. Recognising the particular and unique geographical circumstances applying to Donegal, and on a sole exception basis, an outreach service will also operate from University Hospital Galway to Letterkenny General Hospital. As the House is aware, Professor Tom Keane was appointed in late 2007 to lead and manage the HSE national cancer control programme. Since then, he has made significant progress in implementing the programme. By the end of 2008, 50% of cancer diagnostic and surgical services were located in the eight designated centres. By the end of this year, 100% of breast cancer services and 80% to 90% of services for other cancers will be located in the desig- nated centres. The implementation of the national quality assurance standards for symptomatic breast dis- ease is designed to ensure that every woman in Ireland who develops breast cancer has an equal opportunity to be managed in a centre which is capable of delivering the best possible results. While the standards provide that each specialist unit should manage a minimum number of 150 new breast cancer cases per annum, Sligo General Hospital carried out 79 procedures on women with a principal diagnosis of breast cancer in 2007. Professor Keane met in March with representatives of management and the medical board at Sligo to discuss the transfer, which is expected to take place within the next three months. The necessary planning has the full co-operation of hospital management and the national cancer control programme very much wants to engage with clinicians to plan a smooth tran- sition. This is absolutely in the best interests of patients. Following the meeting between Professor Keane and representatives from Sligo General Hospital in March, a transition team is being set up and University Hospital Galway and Sligo have been asked to nominate rep- resentatives for the team. I sincerely hope there will be full participation by clinicians in Sligo. Medical oncology will continue to be delivered at Sligo General Hospital, as will outpatient radiation oncology clinics. Current arrangements to provide supportive or palliative care will not change. On accommodating breast cancer diagnosis and surgery for Sligo patients in Uni- versity Hospital Galway, the symptomatic breast unit there has expanded considerably in recent years. Funding was provided in 2008 by the national cancer control programme for additional staff to support the expansion of the service, while funding was also provided for additional pathology equipment and for theatre equipping. The current volume of breast cancer patients at Sligo has been assessed and can be accommo- dated in University Hospital Galway. In addition, the roll-out of BreastCheck in Sligo, which commenced in March, will further reduce the numbers of breast cancer patients requiring access to symptomatic breast disease services. It is important to note that the national cancer control programme has at all times stated that the service provided to women in Sligo will not transfer to Galway until it is satisfied that adequate resources are in place and GPs in Sligo will also have the option of referring patients to Dublin. In conclusion, the Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland in accordance with best inter- national standards. The restructuring of cancer services aims to improve outcomes for all cancer patients, through a national service based on evidence and best practice in Sligo as in all other parts of the country.

Rural Environment Protection Scheme. Deputy Paul Kehoe: I am delighted to see the Minister of State at the Department of Agri- culture, Fisheries and Food, Deputy Trevor Sargent here and thank him for coming into the House to listen to my plea on behalf of REPS planners in Teagasc. I raised this matter on the 273 Rural Environment 9 April 2009. Protection Scheme

[Deputy Paul Kehoe.] Order of Business, along with my colleague Deputy Pa´draic McCormack, who also feels very strongly about this issue. The decision not to extend the contracts of these REPS planners makes absolutely no sense on any level. An arm of Government which has the capacity to generate \3 million net profit, while providing employment for 101 people and a service for which there is demand is to be abandoned. This is against a backdrop of the worst unemployment and economic crisis in living memory. If it were not so serious it would be laughable and if we were discussing this nine days earlier one would be forgiven for believing it was a bad April Fools’ joke. Going down the road of axing the jobs of these 101 REPS planners is hugely counterproductive. As a result, the taxpayer will face a bill for social welfare payments and there will be a considerable loss in revenue in terms of income tax, PRSI and levies, not to mention reduced VAT receipts and general spending in their local economies by these individuals and their families. The option the Minister seems to be against is retaining these 101 people in employment, where there will be no social welfare liability, they will contribute tax and levies to the State finances and they will also generate \3 million towards the funding of Teagasc, thereby allowing it, through its research and development programmes, to contribute to the long-term sus- tainability of agriculture and its valuable contribution to this economy. I genuinely have diffi- culty understanding the logic behind this move. Why, in any economy, let alone one where there is a severe need to generate employment, would one even consider axing viable income generating jobs? We have found it difficult to get a clear understanding from the Minister as to what is behind this decision. Is it bureaucracy gone mad under this Government yet again? There is agreement on the need for a recruitment freeze in the public sector, and I strongly believe in this. Thus, it is just about keeping the numbers down, regardless of their ability to contribute. In this instance we have a revenue-generating scheme, yet it appears the Depart- ment will not give the green light to contract extensions for these REPS planners. Is this part of a more sinister move on the part of the Minister to put another nail in the coffin of the REP scheme? Since this issue was first raised, we are now aware of the 17% reduction in payments announced by the Minister in the budget, thereby breaching his contract with 12,000 farmers. Is this what the Minister had in mind all the time? Is the Minister starting a process to dismantle the scheme? Are further cuts on the way next year? Already farmers are con- 5 o’clock sidering the viability of remaining in the scheme. I have had contact with farmers in this predicament who must decide if the investment proposed in their REPS plans can now be justified when the Government has already broken its contract once and may do so again. Shame on the Green Party for being part of such a move and for allowing this to happen while it is in Government. The fact that it can call itself a Green Party while its members stand idly by as an environmental protection scheme is cut is truly astonishing. Aside from the damage caused to the specific REPS programme by the refusal to renew these contracts, it will also be damaging in the long term to the Teagasc organisation as a whole. These people are the primary contact for many of the client farmers and, if they go, a large amount of knowledge and information will be lost to individual farmers and to the organ- isation in terms of experience and expertise. Teagasc has suffered as a result of recruitment bans in the past, which means that a large number of retirements will fall due in the next four years. To let go the dynamic and motivated members who are the future of the organisation seems to be a retrograde step. I ask the Minister to address this matter urgently, bring clarity to the situation and make a positive move to retain these posts.

274 Rural Environment 9 April 2009. Protection Scheme

My party spokesperson on agriculture, Deputy Michael Creed, received a letter from Professor Gerry Boyle, the director of Teagasc. He said it was not a matter for Teagasc but for the Department of Agriculture, Fisheries and Food. I will read his letter for the record.

Acting Chairman (Deputy Charlie O’Connor): I ask the Deputy to do so quickly.

Deputy Paul Kehoe: I understand the Acting Chairman is from an urban constituency, but this is very important for rural Ireland.

Deputy Trevor Sargent: There are farmers in Dublin South-West. I know some of them.

Deputy Paul Kehoe: Professor Boyle states:

I refer to your letter dated 4th March 2009 concerning issues related to the future delivery of the REPS service provided by Teagasc. REPS contract staff in Teagasc are given contracts of indefinite service after four continu- ous years’ service in REPS arising from a recommendation of the Labour Court. This has required an agreement between Teagasc and the Department of Agriculture, Fisheries and Food and the Department of Finance that when a contract REPS staff member reaches four years’ contract REPS service that Teagasc’s approved contract Staff Establishment decreases by one and the approved permanent Staff Establishment increases by one. Teagasc will require an indication from [the Department of Agriculture, Fisheries and Food] that this approach can continue to be taken in the context of the required reductions in staff numbers. Otherwise, Teagasc could not continue to implement the Labour Court’s recommendation. Clearly, any decision will also be significantly influenced by the outcome of the Review of Teagasc’s future involvement in REPS that is imminently required by the Departments. REPS planners are highly valued by Teagasc as the staff concerned make a very important financial contribution to the organisation [of more than \3 million] while providing an excel- lent service to farmer clients. It would be Teagasc’s intention to remain significantly involved in REPS and we will be making this clear in the imminent Review that will take place with the Department of Agriculture, Fisheries and Food and the Department of Finance.

This letter is dated 2 April. For the Minister of State to come into the House this evening——

Deputy Trevor Sargent: The Deputy asked me to come in.

Deputy Paul Kehoe: I do not want the Minister of State to say this is a matter for Teagasc. It is no laughing matter. The Minister of State is a member of the Green Party and I hope he will say that the 101 REPS planners will be retained in their positions. There is currently a process that generates more then \3 million in revenue. In view of the current economic circum- stances, this must be saved. It makes no sense to let these people go. I speak on behalf of many rural Deputies, including Deputy McCormack.

Acting Chairman: I do not like to correct the Deputy, but there is a farming community in my constituency. I ask the Deputy not to draw the Chair into discussion.

Deputy Paul Kehoe: I wish the Acting Chairman a happy Easter.

Minister of State at the Department of Agriculture, Fisheries and Food (Deputy Trevor Sargent): Like all of us, the Deputy has things to learn about Dublin South-West. I am glad to 275 Rural Environment 9 April 2009. Protection Scheme

[Deputy Trevor Sargent.] have the opportunity to reply to the Deputy. I thank him for his contribution and I hope it has not eaten into my time, a Chathaoirligh.

Acting Chairman: The Minister of State has five full minutes.

Deputy Trevor Sargent: Go raibh mı´le maith agat. Nuair a bhı´ me´ anseo ar maidin chuala me´ an Teachta agus an Teachta Pa´draic McCormack ag ardu´ na ceiste. Ta´ suim agam sa cheist mar ta´ aithne agam ar roinnt mhaith de lucht pleana´la REPS ata´ ag obair go prı´obha´ideach, chomh maith le daoine ata´ fostaithe ag Teagasc. There is no doubt there are job losses in the Department of Agriculture, Fisheries and Food, in accordance — as the Deputy mentioned — with public recruitment policy. Many of these are due to early retirement, but this is not what we are talking about today. I listened with interest to the Deputy’s letter from Professor Boyle. In accordance with the Act establishing Teagasc, responsibility for the provision of education, training and advisory services in agriculture rests with Teagasc itself. To enable it to carry out its work Teagasc receives substantial Exchequer resources each year as well as consent to appoint staff up to a certain ceiling. It is a matter for Teagasc to allocate its financial and staff resources in accordance with its own priorities and in line with Government policy for the development of the sector. I hope the Deputy’s raising of this issue will help us to square the circle and ensure that we have proper delivery of Teagasc and Government policy. I pay tribute to the work Teagasc has done in assisting the implementation of the REP scheme since its launch in 1994. It has actively promoted farmer participation, provided excel- lent planning and support services and provided specialist and research-based support for the ongoing development of the scheme. Much of the credit for the success of the scheme is due in no small way to the consistently excellent service provided by Teagasc over the years. Teagasc currently has about 43% of the REPS planning market, the balance being taken up very satisfactorily by private planners. To provide its existing REPS service Teagasc employs a dedicated body of REPS planners comprising 60 planners employed on a permanent basis and 101 on a contract basis. The REPS planners are employed by Teagasc on a self-financing basis; that is, they generate enough income through fees and so on to cover the cost of their own salaries, PRSI and travel costs, as well as the overhead costs for the operation of the scheme. This ensures fair competition with private planners. I emphasise, however, that the planners do not generate a net profit for Teagasc, as has been suggested. The requirement of Teagasc is to ensure that the service provided is fully self-financing. The contracts of employment of the 101 planners and all other contract staff employed by Teagasc are with Teagasc itself, not my Department. I understand from Teagasc that among the contract planners, 34 contracts will terminate at the end of June 2009, a further 41 will terminate at the end of December 2009 and 26 at the end of June 2010. The ban on recruitment and promotion in the public service announced by the Minister for Finance on 27 March to correct imbalances in the public finances applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. In other words, Teagasc is prevented by Government decision from renewing these contracts. However, those planners, who are able people, are in a position to work on contract either privately or with Teagasc. There is flexibility as part of their employment.

Deputy Paul Kehoe: It will be left up to one body. There will be no competition. 276 Labour Court 9 April 2009. Decision

Deputy Trevor Sargent: It will not be one body.

Deputy Paul Kehoe: The private planners can charge what they want.

Acting Chairman: I ask the Minister of State to continue.

Deputy Trevor Sargent: Tempting as it was to interrupt the Deputy, I thought it might be better not to. This is the whole point. It is not just one body; there is competition out there. Farmers do get a good service because there is——

Deputy Paul Kehoe: There is competition when Teagasc is involved.

Deputy Trevor Sargent: Yes. Teagasc is a strong part of the equation.

Deputy Paul Kehoe: It will be gone in a year’s time.

Deputy Trevor Sargent: Not unless the Deputy’s party gets into power. With a view to maintaining the quality and delivery of the overall REPS service and to ensure that REPS planners conform to the highest standards of REPS planning, Teagasc proposes to offer a once-off opportunity to the contract planners to apply to Teagasc to become registered contractors and to provide a REPS planning service on terms and conditions set by Teagasc. I understand discussions on the proposal are ongoing. However, the proposed arrangements will be required to operate on a fully self-financing basis for Teagasc, as mentioned already. Teagasc informs me that the new delivery model for REPS will increase efficiency while retaining quality and ensuring a top class service for farmers. Therefore, there is a definite continuation of work for those planners. Long may it continue.

Deputy Paul Kehoe: The Minister of State should be absolutely ashamed in offering such a response.

Deputy Trevor Sargent: The Deputy is talking up a crisis where there is none.

Labour Court Decision. Deputy Alan Shatter: I thank the Ceann Comhairle for allowing me to raise this matter. It relates to Ms Margaret Moran, a constituent of mine who has been treated disgracefully by the Department of Education and Science. She was employed in St. Catherine’s College of Edu- cation for Home Economics, Sion Hill, Blackrock, County Dublin on a part-time casual basis from 1989 to 2000. In 2000 she was appointed to the position of lecturer in a whole-time temporary capacity on a one-year contract, followed by a three-year contract until 2004. In 2004 she was denied a so-called contract of indefinite duration, to which she expected to be entitled. The ground cited for not granting her this contract was the forthcoming closure of the college in 2007. As a consequence, she received a further three one-year contracts until the closure of the college in 2007. She was appointed to the position of acting head of the home economics department of the college in 2004 and was responsible for the successful running of this department during a very difficult wind-down period. Ultimately, she had seven years of continuous service in the college. Personnel in the Department of Education and Science showed no interest in finding further employment for those employees, including Margaret Moran, who were employed in a whole- time temporary capacity, despite numerous requests and a desire to be employed in the edu- 277 Labour Court 9 April 2009. Decision

[Deputy Alan Shatter.] cation sector. They were treated badly and discriminated against in the context of the arrange- ments made for those losing their employment following the closure of the college. Several options were put in place for permanent staff, including redeployment, voluntary early retire- ment and a voluntary redundancy package consisting of statutory entitlements and an ex gratia lump sum. Ms Moran, however, was offered only statutory redundancy. With assistance from her union, Ms Moran brought a claim to the Rights Commissioner Service under the Protection of Employees (Fixed Term Work) Act 2003. The first hearing place took place in December 2007. Further adjournments and hearings took place until August 2008 when the Rights Commissioner Service issued its decision that Ms Moran had been treated less fairly than her permanent colleagues and that she should be entitled to the same severance package as those colleagues. Essentially, the conclusion was that she had been discriminated against. An appeal was lodged by the Department of Education and Science to the Labour Court against the decision of the Rights Commissioner Service. This appeal was finally determined on 10 December 2008. The court concluded that it was satisfied Ms Moran had been discrimi- nated against and that she was entitled to similar terms to those available to permanent employees. The court was further satisfied that the complainant had suffered “inconvenience and expense” in pursuing her complaint and that the value of the severance gratuity to which she was entitled had been “eroded by the passage of time”. It made an award of monetary compensation to mark the fact that she had been denied her right to equal treatment. The court expressly directed that the Department offer her the option of a severance gratuity calcu- lated on the basis of six weeks’ pay per year of service, inclusive of statutory entitlement, or an immediate pension and lump sum based on actual pensionable service plus purchased nomi- nal service, as applicable, but without an entitlement to added years. Exactly four months later the decision of the Labour Court on 10 December 2008 to award Ms Moran who gave substantial service in the education sector the compensation and payments to which she was entitled on loss of her job has not been implemented. I asked the Minister about the matter in a parliamentary question on 31 March. His response consisted of a mere two sentences:

My Department, in consultation with the Department of Finance, is currently considering the implementation of the Labour Court determination in this case, including any wider implications of the determination. I hope to be in a position to finalise this consideration shortly.

The Labour Court and the Rights Commissioner Service form part of a structure put in place by the State to facilitate the resolution of labour relations difficulties and ensure those employed in the education sector and other areas are properly treated in their employment and not discrimi- nated against. However, the Department of Education and Science has fought the individual in question through the Rights Commissioner Service and the Labour Court. The latter con- firmed the decision of the former and that confirmation occurred four months ago. The life of the individual in question has been put on hold in circumstances in which a substantial payment to which she is entitled is being unlawfully withheld by the State. In the eyes of the Department, she is seen as one individual, only a small cog in a big wheel. However, it has not only a legal but a moral obligation to make the payments to which the Labour Court has determined she is entitled. It is a gross abuse of her civil rights as a citizen of the State that, having used the procedures of the State to seek to have her claims properly adjudicated upon, which process 278 Labour Court 9 April 2009. Decision she initiated in December 2007, it has taken one and a quarter years to process her application and have it properly determined. It is entirely unacceptable that a person who has done the State some service has effectively been abandoned. The reply I received from the Minister on the matter was disgraceful, simply stating he was considering the decision, as was the Department of Finance, and that at some unspecified date, they might or might not abide by the Labour Court’s ruling. I demand that they do so and that they do my constituent the courtesy within the next seven days of con- firming that they will abide by the ruling and will make the payments to which she is entitled.

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I am taking this Adjournment matter on behalf of my colleague, the Minister for Education and Science, Deputy Batt O’Keeffe. The House is aware that the Labour Court carries out a most important and valuable function in the State in independently investigating and determining industrial relations disputes and matters pertaining to a range of employment legislation. When the court was established in 1946, its primary functions were to adjudicate in trade disputes and provide a conciliation service. Since then its remit has been expanded to incorporate further functions regarding subsequent legislation in areas such as equality, organisation of working time, national mini- mum wage, part-time work and fixed-term work. The confidence of the State in the court is borne out by this incremental expansion of its functions over the period in question. The House will also be aware that determinations impacting on Departments must undergo due process of consideration of their content, including any wider implications that may arise, as well as due process in terms of proper sanctioning procedures where the expenditure of public moneys is concerned. In this case, these processes have been undertaken within the relevant sections of the Department of Education and Science and in consultation with the Department of Finance. The Deputy will be pleased to learn that these processes have recently concluded and that arrangements will be made by the Department of Education and Science to make the recom- mended payments as soon as possible. I also put it to the Deputy that the Department has not failed to implement the Labour Court decision and that there has not been any deterioration in public confidence as a result of what he perceives as a delay in the implementation of this award. Moreover, I consider that in the interests of the public good, the Departments con- cerned are obliged to follow the processes outlined when considering decisions of the Labour Court as indeed are other relevant institutions of the State charged with arbitration or judgment on matters such as this. The case, which is the subject of Labour Court Determination FTD 0819, arose following the closure in August 2007 of St. Catherine’s College of Education for Home Economics, Sion Hill, Blackrock, County Dublin. The claimants in this case were employed in St. Catherine’s for differing numbers of years on fixed term contracts. The contracts had been renewed on a fixed term basis on the clear objective grounds that the college would cease to operate after 31 August 2007. On closure of the college statutory redundancy was offered to the claimants. The claimants took a case to the Rights Commissioner Service and subsequently to the Labour Court under the Protection of Employees (Fixed Term Work) Act 2003 alleging that their rights had been impinged in that they had been treated less favourably as fixed term employees than comparable permanent employees in the severance arrangements offered to permanent employees. 279 Schools Building 9 April 2009. Projects

[Deputy Sea´n Haughey.]

The Labour Court found in favour of the claimants and directed that the Department offer them the option of a severance gratuity calculated on the basis of six weeks pay per year of service or an immediate pension and lump sum based on actual pensionable service. The court further directed that the Department pay a sum of compensation to the claimants. The Depart- ment will take cognisance of this important decision in the context of its future operations. I am pleased to say that this issue has now gone through due process and will be concluded in the near future.

Deputy Alan Shatter: I thank the Minister of State for his constructive response. It is regret- table I was required to table a parliamentary question and to raise this matter on the Adjourn- ment to get a reply. Perhaps the Minister will write to me in regard to exactly when the funds to which both individuals who were the subject of this decision and, in particular, my constitu- ent, will be paid.

Schools Building Projects. Deputy Joe Costello: This issue is virtually an old chestnut given it has been ongoing for more than 13 years, which is a considerable time. The gaelscoil was established in temporary quarters in 1996. While the current Administration has been, in one form another, in office since then nothing has happened. Some 13 years later we are no nearer obtaining a permanent structure for the school. The Celtic tiger has come and gone and we have nothing to show for it. The former Taoiseach, Deputy Bertie Ahern, despite making various promises when in the constituency, did not deliver on the project. In the meantime, the children, staff and parents must operate in appalling conditions. As long ago as 2000, some nine years ago, a district inspector for the Department of Education and Science noted “the deplorable state of the temporary accommodation makes it imperative that the planning process be initiated as soon as possible”. Despite that thist statement was made nearly a decade ago, the same appalling conditions prevail. The prefabs are leaking and smelly and children cannot and will not use the school toilets. They are too hot in the summer, too cold in the winter and wet all of the time. The accommodation is a totally unsuitable and unhygienic environment in which to teach children. There has been a constant long-fingering of the provision of a permanent site. The OPW searched for years for a suitable site but never found one. The matter then fell between the cracks in the Department of Education and Science and was lost for four years, which the Department has admitted. Finally, with considerable effort on the part of the campaign group for a permanent structure, some light has appeared at the end of the tunnel. The Department of Education and Science has decided to build on the existing site. Negotiations in this regard have taken place with Dublin City Council and St. Finbar’s GAA club, which owns the lease on the site, with a view to the putting in place of a new lease that would allow for a portion of the land to be transferred to the school for the purpose of constructing a new school building. At what stage is the process in terms of the transfer of the lease? When will acquisition of the site be concluded and when will the Department revert to the city council with an appli- cation for decision on the matter? At what stage are plans for construction of the school? I believe they should be fast-tracked bearing in mind the Department’s negligence over a con- siderable period in terms of construction of a school. On Tuesday, a substantial cut in the capital budget was announced in respect of the construc- tion of primary and second level schools. I wonder if this will impact on the construction of 280 Schools Building 9 April 2009. Projects this new school. Perhaps the Minister of State will provide me with an update of the current position, with the absolute expectancy that there will be no further delays, that the site will be acquired, funding will be put in place, planning will be completed and that the school will be built.

Deputy Sea´n Haughey: I take this Adjournment matter on behalf of my colleague, the Mini- ster for Education and Science, Deputy Batt O’Keeffe. I thank Deputy Costello for raising this matter as it provides me with the opportunity to outline to the House the Government’s strategy for capital investment in education projects and to outline the current position on the future plans for Gaelscoil Bharra, Cabra. Modernising facilities in our existing building stock as well as the need to respond to emerg- ing needs in areas of rapid population growth is a significant challenge, one which the Minister for Education and Science intends will be one of his priorities. The Government has dramatically increased capital investment in the school building programme to an unpre- cedented level, thus reflecting its commitment to continue its programme of sustained invest- ment in primary and post-primary schools. It will underpin a particular emphasis on the delivery of additional school places in rapidly developing areas while continuing to develop on this Government’s commitment to delivering improvements in the quality of existing primary and post-primary accommodation throughout the country. The Deputy will be aware the Office of Public Works, OPW, which acts on behalf of the Department in site acquisitions generally, was requested to source a greenfield site for this gaelscoil. On foot of advertising, no proposals were received for a greenfield site in the Cabra area. As a result the issue of providing a permanent school on the existing temporary site then came into focus. To pursue this further, meetings have taken place between the Department and Dublin City Council regarding the potential availability of this site. The Department has written to the council with a proposal suggesting that a lease arrangement be put in place. Officials from the Department have met officials from the city council and representatives of the GAA club to discuss the possibility of entering into a lease arrangement with the city council. Such an arrangement would, in time, require the GAA club to surrender its interest in some of the lands required for the building project. More recently, departmental officials met representatives of Naomh Fionnbarra GAA club separately on 18 February 2009 to discuss three potential design options that would allow for the provision of an eight-classroom school on the site. The club responded by way of letter on 2 March 2009 indicating its preferred design option, based on the options presented by the Department, and highlighting the need for car parking arrangements for its members and the school’s teaching staff to be addressed. On foot of this, the Department subsequently wrote to Dublin City Council to advise it of the design option favoured by the GAA club and to ask the council to consider a technical assessment of the site, incorporating the views of the GAA club. A response is awaited. I suggest that the Deputy might be acquainted with a member of Dublin City Council who might be able to pursue this matter at that level.

Deputy Joe Costello: I thank the Minister of State for his advice.

Deputy Sea´n Haughey: The further progression of the acquisition of this site and the accompanying building project will be considered in the context of the capital budget that is available to the Department for school buildings in general. I thank the Deputy again for giving me an opportunity to outline to the House the current position in respect of the future plans 281 The 9 April 2009. Adjournment

[Deputy Sea´n Haughey.] for Gaelscoil Bharra in Cabra. I will conclude by wishing the Acting Chairman, Deputy O’Connor, as well as Deputy Costello and the staff of the Houses, a very happy Easter.

Deputy Joe Costello: Likewise.

Acting Chairman: I would like to be associated with those greetings. I wish everybody a happy Easter.

The Da´il adjourned at 5.30 p.m. until 2.30 p.m. on Wednesday, 22 April 2009.

282 Questions— 9 April 2009. Written Answers

Written Answers.

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The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].

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FA´ S Training Programmes. 1. Deputy John Deasy asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the number of people in Waterford city and county who have received an offer of training from FA´ S each month to date in 2009 under the national employment action plan; and if she will make a statement on the matter. [15026/09]

2. Deputy John Deasy asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the number of people in Waterford city and county who have been given job placements by FA´ S each month to date in 2009 under the national employment action plan; and if she will make a statement on the matter. [15027/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I propose to take Questions Nos. 1 and 2 together. The number of people in Waterford City and County who have received an offer of training from FA´ S each month to date in 2009 are as follows:

January – 209,

February – 225,

March – 57.

The number who have been given job placements by FA´ S each month to date in 2009 are as follows:

January – 16,

February – 18,

March – 10.

Departmental Funding. 3. Deputy Willie Penrose asked the Ta´naiste and Minister for Enterprise, Trade and Employ- 283 Questions— 9 April 2009. Written Answers

[Deputy Willie Penrose.] ment if, in view of the announcement (details supplied) for a fund up to \500 million, for a framework for sustainable economic renewal, which will include eco-friendly initiatives, for the purpose of business innovation, she will outline the type of projects which will be eligible for funding under the foregoing initiative; and if she will make a statement on the matter. [15053/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Negotiations are continuing between officials of my Department, other Government Depart- ments, Enterprise Ireland and the various parties whose cooperation and participation will be required before this Fund becomes operational.

Local Employment Services. 4. Deputy Tom Hayes asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the reasons for closing the Carrick-on-Suir jobs club, County Tipperary; the number of persons who were dealt with by the jobs club in 2006, 2007 and 2008; the number of persons who were separately dealt with by the local employment service for those years in Carrick-on- Suir; and if she will make a statement on the matter. [14885/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The Carrick on Suir Jobs Club was closed down because it was unable to achieve the nationally agreed targets set up for these programmes. JobClubs are comprised of formal group sessions and informal, but structural individual support. The formal sessions take three to four hours per day for a five day week, which include groups of up to 14 job seekers. It is expected that a Jobs Club would have between 120 and 140 people per year on such sessions. The informal sessions consist of support for those who have completed the formal sessions but have yet to obtain employment and for those who need less formal support. The Carrick-on-Suir Jobs Club had 58 participants in 2006 for formal sessions, 71 participants in 2007 and 57 participants in 2008. The level of activity of service in the Carrick-On-Suir Local Employment Service office (LES) for the period in question are as follows:

2006 – 350 interventions,

2007 – 561 interventions,

2008 – 950 interventions.

The new registrants seeking mediation in the LES office in Carrick-on-Suir are as follows:

2006 – 117,

2007 – 246,

2008 – 114.

Semi-State Bodies. 5. Deputy Ulick Burke asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her views on granting a special derogation to FA´ S in order for them to be able to recruit the necessary professional training personnel to support persons facing future redundancy and unemployment; and if she will make a statement on the matter. [14901/09] 284 Questions— 9 April 2009. Written Answers

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The recruitment and promotion moratorium in respect of the public service is necessary as the public service pay and pensions bill, at some \20 billion per annum, accounts for some 36% of total Government expenditure. Savings in the pay bill must contribute to the overall strategy to stabilise the public finances. Whilst FA´ S as a government agency is obliged to comply with this moratorium this will not affect its ability to contract out certain training services where there is no in-house expertise within the Agency. Contracted training therefore, where appropriate, will continue in the nor- mal way. Following the additional training places announced in the Budget, FA´ S will now be providing over 128,000 activation and training places this year. These places will encompass a range of measures being adopted by the Government to reflect the reality that people at all skills levels are losing their jobs and that it is important to provide a mix of responses in training and education best suited to the diverse needs of the newly unemployed to ensure that they possess relevant skills and remain close to the labour market.

Job Creation. 6. Deputy Sea´n Sherlock asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the subsidy or allowance paid to foreign direct investment companies in respect of each new job created; and if she will make a statement on the matter. [14909/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): IDA provides financial assistance to companies wishing to locate in Ireland or expand their existing operations here. This assistance is broken down into the following grant types — Employment Grants or Capital Grants, Research and Development (R&D) Grants and Train- ing Grants. The level of investment offered to individual companies varies from company to company depending on a number of factors for example — cost of project; competition; regional impact; statement on wage benchmark; the benefit to cost ratio; indirect job impact, and Exchequer payback. The Forfa´s annual employment survey calculates the cost per job sustained in IDA Ireland supported companies by taking into account all IDA Ireland expenditure to all firms, in the period of calculation. Only jobs created during and sustained to the end of each seven-year period are credited in the calculations. The latest figure available is for the period 2001 to 2007 and is \12,577.

Departmental Funding. 7. Deputy Paul Gogarty asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the grants, financial supports or other funding are available to a counselling agency (details supplied). [14921/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the auspices of my Department there are two ways in which Irish businesses can apply for financial support. My Department’s Agency, Enterprise Ireland offers a number of categories of funding included financial assistance for Irish companies starting up, as well as to help with growth, and research and development. 285 Questions— 9 April 2009. Written Answers

[Deputy Mary Coughlan.]

The 35 County and City Enterprise Boards (CEBs), established by the Government in October 1993, to develop indigenous enterprise potential and to stimulate economic activity at a local level and, primarily, the development of small and micro enterprises, may also provide grant assistance to micro-enterprises (10 employees maximum) in the start-up and expansion phases in manufacturing, tourism and services.

8. Deputy Paul Gogarty asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the criteria by which Enterprise Ireland judges business to be innovative and therefore deserving of funding; if this criteria is overly restrictive in the current business environment; and if she will make a statement on the matter. [14966/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Enterprise Ireland (EI) operates in accordance with the provisions of the Industrial Develop- ment Acts, 1986-2003. This governing legislation sets out the powers and functions of EI as well as stipulations regarding grants and incentives. In this context and in line with the Depart- ment of Enterprise, Trade and Employment Enterprise Ireland Policy Statement 1998, there are a number of criteria with respect to eligibility for Enterprise Ireland support. Enterprise Ireland clients accordingly fall into three categories:

• Manufacturing and internationally traded services companies employing ten or more people (and with a focus on exporting);

• Innovation led start-ups with the potential to grow on international markets (and entre- preneurs with the ability to initiate projects that can compete in international markets); and

• Irish-based food and natural resource companies that are overseas owned or controlled.

Enterprise Ireland assesses applications for financial assistance according to a number of criteria in order to ensure value for money to the exchequer, utilising a range of mechanisms and criteria, including cost benefit modelling, commercial evaluation and technical assessment. Enterprise Ireland offers a comprehensive selection of services, including financial and non- financial supports to companies with a business strategy that encompasses all elements required for business success, including:

• The “Innovative HPSU offer” to support the development of start-ups with a high poten- tial for growth. Under this programme, Enterprise Ireland provides a financial contri- bution towards a company’s business plan where it involves the development of innov- ative and technological products, services or processes.

• The Innovation Vouchers initiative, which stimulates the small business community to build links with the research community.

I am satisfied that Enterprise Ireland continues to support and drive investments in innovation and to act as an advocate for the benefits of such investments. Supports are tailored to eligible companies to ensure the most relevant support is offered to these companies. I understand that neither my Department nor the Agencies under the aegis of my Depart- ment has had any direct contact with the particular agency referred to by the Deputy.

Redundancy Payments. 9. Deputy Tom Hayes asked the Ta´naiste and Minister for Enterprise, Trade and Employ- 286 Questions— 9 April 2009. Written Answers ment her views, in view of the delay experienced by employers in having statutory redundancy payments rebated by her Department, on allocating additional staff to this task, in a similar manner to the Department of Social and Family Affairs in processing unemployment assistance applications, particularly in view of the fact that this issue is causing cash-flow problems for smaller enterprises. [15008/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): Both the Ta´naiste and I are acutely aware of the difficulties which the inability to deliver an acceptable turnaround of redundancy rebate payments is giving rise to for both individual employees and the business community and together, we are taking steps to address the issues. The difficulties arise due to the unprecedented increase in the number of Redun- dancy Payment claims lodged with the Redundancy Payments Section of my Department in the latter part of 2008 and, to date in 2009. Since the start of 2009, I have allocated 15 staff to the Redundancy Payments Section of my Department and 11 additional staff are due to be assigned to the Unit very shortly. In addition, my officials have been in discussions with the Department of Finance on the possibility of redeploying staff from other Departments to work in the Redundancy and other Employment Rights areas of my Department which are experiencing considerable pressure at the moment. Agreement has been reached with the Department of Finance and arrangements are now being put in place. Furthermore, I have made arrangements that the information centre of the National Employ- ment Rights Authority (NERA) will take all redundancy specific calls to enable the staff in the Redundancy Payments Unit to concentrate on and prioritise the processing of redundancy payment claims. I can assure the Deputy that this matter is under constant review in my Department and that every effort is being made to deal with an increasing backlog in an attempt to ensure that claimants get the best possible service at, what is for them, a very difficult time.

Unemployment Task Force. 10. Deputy Tom Hayes asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the number of people on the task force for unemployment in the mid-west region; the Government agencies and private individuals or groups represented on that task force; the number of meetings which have taken place to date; and the recommendations made by the task force. [15011/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Task Force comprises the following members:

• Denis Brosnan (Chairperson)

• John Herlihy

• John Fitzgerald

• Martin Cronin

• Roger Downer

• Brian O’Connell

• Anita Higgins 287 Questions— 9 April 2009. Written Answers

[Deputy Mary Coughlan.]

• Ken Sullivan

• Kay McGuinness

• Vincent Cunnane (Chief Executive).

Mr. Cronin and Mr. Cunnane are the Chief Executives of Forfas and Shannon Development, respectively. The remaining members are from the private sector. I understand that the Task Force has been meeting every two weeks and I am expecting an interim report from the Task Force in the near future.

Parliamentary Questions. 11. Deputy Ro´ isı´n Shortall asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will clarify her statement in reply to a recent parliamentary question (details supplied); and if she will make a statement on the matter. [15031/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): There are a number of expressions of interest from different parties in acquiring at least elements of the business and both IDA Ireland and Enterprise Ireland are actively exploring options with interested parties. Time is needed to assess these proposals by IDA Ireland and Enterprise Ireland. We would like to see the SR Technics Group do what it can to facilitate this, such as helping to promote the capabilities and skills available at the Dublin facility, agreeing to an orderly wind down of the facility to give IDA Ireland an opportunity to promote the location to interested parties, and maintaining assets and equipment at the site for a number of months. It is not proposed to take the Irish operation into public ownership. The sector operates on the basis of a competitive market and the Dublin operation will have to compete on a level playing field with other companies in the same market.

Redundancy Payments. 12. Deputy Beverley Flynn asked the Ta´naiste and Minister for Enterprise, Trade and Employment if a person (details supplied) in County Mayo is entitled to be considered for a redundancy package. [15082/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): In general, a redundancy situation exists where for instance, an employer is engaged in a process of rationalisation/reorganisation, requires fewer employees to do work of a part- icular kind, for reasons of downsizing or company closure etc. Redundancy is therefore related to the job, not the person concerned. Under the existing statutory redundancy legislation, an employee who is absent from work on grounds of ill-health can be made redundant provided a genuine redundancy situation exists in the employment and the employer is willing to make him/her redundant. It must be borne in mind that it is the employer who decides, in the first instance, whether or not a redundancy situation exists in the employment and who should be made redundant. The online redundancy calculator located on the Department’s website at www.entemp.ie can be used to calculate an individual’s entitlement for statutory redundancy. The calculator is programmed to take into account instances of non-reckonable service such as, for example, periods of sick leave. Non-reckonable service in respect of redundancies notified/declared on or after 10th April, 2005 is applicable only to the final 3 years of service, ending on the date 288 Questions— 9 April 2009. Written Answers of termination of employment. Thus, if an employee was working in a company for a total of 22 years, the non-reckonable service applies only in respect of the last 3 years — all such absences are fully reckonable in respect of the first 19 years.

Pension Provisions. 13. Deputy Sea´nO´ Fearghaı´l asked the Minister for Finance his views on correspondence (details supplied). [14926/09]

16. Deputy Mary Upton asked the Minister for Finance the position of research workers who must transfer or reclaim their contributions into pension funds after a two year period, in relation to the pension levy (details supplied); and if he will make a statement on the matter. [14992/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 13 and 16 together. Public servants who are members of public service pension schemes are liable to pay the pension-related deduction legislated for in the Financial Emergency Measures in the Public Interest Act 2009. On this basis, third-level researchers on fixed-term and temporary contracts must pay the deduction, since they are members of the relevant occupational pension schemes. They are just one of many groups of non-permanent public servants paying the deduction. Distinctions between public servants on the basis of whether they are permanent or tempor- ary, and if temporary what contract duration applies, are irrelevant insofar as liability to pay the deduction is concerned. The pay of the post, in terms of whether it features incremental progression, is likewise irrelevant. In recent years fixed-term researchers in third-level institutions have been made pensionable, and this has significantly improved the attractiveness of a research career. These researchers accrue pensionable service even for short-duration appointments and that service can be aggre- gated with past and future service in other pensionable public service employment. Section 6 of the Act provides for a refund of the deduction in certain circumstances, and should reassure third-level researchers on short-term non-renewable contracts who have no prior public service employment history and who may be concerned about accruing no pension benefit at the expiry of their contract due to insufficient service. A deduction refund may be payable provided that the departing employee has accrued no benefits under any public service pension scheme, has not received a payment in lieu of scheme membership and has not trans- ferred the service to another public service pension scheme. Section 8 of the Act grants the Minister for Finance a limited special discretion to exempt groups of public servants from payment of the deduction. Specifically, where he is satisfied that due to exceptional circumstances, a particular class or group of public servants are materially distinguished from other classes or groups who are subject to the deduction, then the Minister may fully or partly exempt this group from paying some or all of the deduction, if he believes it would be fair and equitable to do so. The deduction is required at a time of great pressure on the public finances and takes account of the valuable pension benefits available to public servants. In light of all the above factors, I am satisfied that it is fair and appropriate that public servants on fixed-term and temporary contracts, including third-level researchers, are subject to the pension-related deduction. In the event that any class or group of public servants makes an appeal for exemption from the deduction under section 8 of the Act then such an appeal will be considered. 289 Questions— 9 April 2009. Written Answers

Flood Relief. 14. Deputy Emmet Stagg asked the Minister for Finance if funding has been put in place in respect of flood relief works for Johnstown village in County Kildare. [14928/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Officials at the Office of Public Works met with Kildare County Council on 13 March 2009 as part of the Steering Group overseeing this project. It was agreed, in the light of the outcome of the prelimi- nary investigations that had been undertaken, that OPW and Kildare County Council would continue to work together towards completing a detailed design for the proposed works. The Local Authority will complete a Cost Benefit Analysis and an Environmental Appraisal, with OPW funding as part of this process. It was further agreed that, when the detailed design has been completed to the satisfaction of the OPW and Kildare County Council, and if the proposed solution is economically and environmentally viable, a decision would then be taken as to the possibility of funding such works.

Site Acquisitions. 15. Deputy Brendan Howlin asked the Minister for Finance further to Parliamentary Ques- tion No. 188 of 24 March 2009, if the site acquired for the new Garda divisional headquarters has a lawful connection to the public foul sewer; if all licensing requirements for such connec- tion have been completed; if the site is currently available for immediate construction works; and if he will make a statement on the matter. [14973/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The vendor of the site acquired for the new Garda Station provided the connection to the public foul sewer as required under the conditions of the Contract for Sale. Completion of the necessary licensing requirements is in train. The site is available for construction to begin, subject to the availability of necessary funding and prioritisation by the Garda Authorities.

Question No. 16 answered with Question No. 13.

Inter-Country Adoptions. 17. Deputy Paul Kehoe asked the Minister for Health and Children when an Irish delegation will travel to Vietnam to discuss the proposed agreement with regard to the proposed agree- ment for inter country adoption between Ireland and Vietnam; and if she will make a statement on the matter. [14886/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Adoption Bill, 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, was published on Friday, 23 January, 2009. Under the new legislation, prospective adoptive parents will be able to adopt from countries that have also ratified the Hague Convention or from countries with which Ireland has a bi- lateral agreement that conforms to Hague Convention principles. While it is true to say that Ireland’s current Agreement with Vietnam is based on Hague Convention principles, as part of our preparations for the new legislation, we need to ensure that the Agreement reflects the Hague Convention as comprehensively as possible. A new Agreement allows the opportunity to elaborate and strengthen some of the existing provisions and, as such, to meet the standards that have been set in draft legislation. There have been 290 Questions— 9 April 2009. Written Answers considerable developments in inter-country adoption in Vietnam since the Agreement was signed five years ago. This progress also needs to be reflected in any new Agreement. In December, 2008, the Irish Government issued a formal request to the Vietnamese Auth- orities which stated that it wished to enter into immediate discussions with a view to negotiating a new, follow-up, Agreement to the existing one — which will expire on 1 May, 2009. The Vietnamese Authorities responded positively to Ireland’s request. Ireland offered to provide the Vietnamese Authorities with the text of a draft agreement as a basis for negotiations. A draft Bi-lateral Agreement for Inter-country Adoption was delivered on 6 March, 2009, through the Department of Foreign Affairs, to the Vietnamese Authorities for their consideration. The Vietnamese Government has since invited a delegation from Ireland to visit Vietnam to discuss the provisions of the draft Bi-Lateral Agreement provided. The delegation will travel to Hanoi in the coming weeks for an intensive round of discussions on this draft Bi-Lateral Agreement. I would like to again reiterate my personal commitment, and the commitment of the Govern- ment, to conclude an agreement with Vietnam. As the Deputy will be aware, Ireland has a long and positive relationship with Vietnam, but I must also emphasise the need to respect the authority of that jurisdiction, having regard to the sensitive nature of discussions regarding inter-country adoption. The work to prepare for and advise the Government on this issue and the implementation of the Government’s decisions is being given the highest priority. These are complex matters that require careful consideration. At all times, the Minister and the Government, and officials advising them, are guided by the need to respect and protect the best interests and rights of the child.

18. Deputy Michael McGrath asked the Minister for Health and Children the position in relation to an adoption inquiry (details supplied). [14890/09]

19. Deputy Michael McGrath asked the Minister for Health and Children the steps being taken to ensure that a bilateral adoption agreement is put in place between Ireland and Russia prior to the enactment of the Adoption Bill 2009. [14888/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to take Questions Nos. 18 and 19 together. As the Deputy may know, my office has been liaising closely with the Department of Foreign Affairs to identify and negotiate with countries who continue to seek homes abroad for children in need of alternative care which cannot be provided domestically. We are working actively to assess the possibilities of entering into bilateral agreements with a small number of countries. My office is currently in discussions on a draft bilateral agreement with Vietnam and is also examining the possibility of negotiating bilateral agreements with the Russian Federation and Ethiopia. As regards the Russian Federation, my office is undertaking preparatory work to consider the contents of such an agreement, including anticipating the likely requirements of the Russian Federation. I am aware that there are people who have received declarations of eligibility and suitability to adopt outside the State and may intend adopting from Russia. The decision regarding coun- try of choice is a matter for prospective applicants. This choice obviously should have regard to their personal preference, their knowledge of and/or connection with the proposed country of origin, the status of the country as a contracting state either to the Hague Convention or a bilateral agreement. 291 Questions— 9 April 2009. Written Answers

[Deputy Barry Andrews.]

While every effort will be made to conclude a bilateral agreement with countries from which children have traditionally been adopted by Irish applicants, in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be deter- mined to a considerable degree by the Governments of these sovereign states. However, I would respectfully suggest that any applicant seeking to proceed with an adoption from a non-Hague country or a country with which Ireland does not have a bilateral agreement should have regard to the likelihood of the adoption being completed in advance of the Bill being commenced.

Legislative Programme. 20. Deputy Michael McGrath asked the Minister for Health and Children when she expects the Adoption Bill 2009 to pass all stages and be enacted. [14889/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, the Adoption Bill, 2009, was initiated in the Seanad and recently passed Committee Stage in that House. The Bill will continue to be prioritised by Government for its passage through the Oireachtas.

Ambulance Service. 21. Deputy Ulick Burke asked the Minister for Health and Children if she will ascertain from the Health Service Executive the reason that they have not engaged with the Health Information and Quality Authority in organising a clinical and quality audit process for private ambulance organisations seeking to work in support of the HSE; and if she will make a state- ment on the matter. [14902/09]

22. Deputy Ulick Burke asked the Minister for Health and Children if she will ascertain from the Health Service Executive the range of issues that the head of the national ambulance service and those accompanying them discussed with private medical insurers particularly issues including the utilisation of private ambulance companies and to inform them of the HSE engagement with the clinical indemnity scheme; and if she will make a statement on the matter. [14903/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 21 and 22 together. As these are service matters, they have been referred to the HSE for direct reply

Hospitals Building Programme. 23. Deputy Billy Timmins asked the Minister for Health and Children the position in relation to her decision not to proceed with the promise of having a dedicated 34 bed unit open in St. Vincent’s Hospital, Dublin by mid 2010 (details supplied); if in view of the circumstances this decision will be reversed and sanction will be given to proceed with this vital unit; and if she will make a statement on the matter. [14904/09]

24. Deputy Billy Timmins asked the Minister for Health and Children the position in relation to new cystic fibrosis patients’ facility which was promised for St. Vincent’s Hospital Dublin by 2010; will the promise to provide this facility be honoured and sanction given; and if she will make a statement on the matter [14905/09] 292 Questions— 9 April 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 23 and 24 together. I have consistently emphasised the need to improve facilities and services to persons with cystic fibrosis and we have made considerable progress in this regard over recent years. On the staffing side, some 48 additional staff (19 at St Vincent’s), including consultant, nursing and allied health professionals, have been appointed. There have also been significant improvements to the physical infrastructure at St. Vincent’s Hospital as the national adult tertiary referral centre for patients with cystic fibrosis. These include the refurbishment last year of accommodation to provide eight single en-suite rooms for the exclusive use of people with cystic fibrosis. In addition a new ward block, which is to replace existing accommodation, will include appro- priate isolation facilities and accommodation for cystic fibrosis patients as required. It has been agreed that the project will proceed to tender and be operational as early as possible in 2011. The project will proceed on the basis that payment to the contractor will be made at the end of the construction phase. This is a different way of funding the project as it involves the construction company financing the development up to the final phase of construction. The method previously envisaged for this project would have involved staged payments throughout the construction period. I am very pleased that an innovative way has been found to deliver this project. In the current challenging environment we need to find new solutions and devise new ways of pro- gressing important projects such as this. This is one of them. The project has always been a priority and never ceased to be so. I want to see it progressing now with urgency.

Hospital Waiting Lists. 25. Deputy Sea´n Sherlock asked the Minister for Health and Children if she will expedite an outpatient appointment in respect of a person (details supplied) in County Cork who has been waiting some time; and if she will make a statement on the matter. [14908/09]

Minister for Health and Children (Deputy Mary Harney): The management of out-patient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy’s question to the Executive for direct reply.

Hospitals Building Programme. 26. Deputy Emmet Stagg asked the Minister for Health and Children if phase 3C of Naas General Hospital, County Kildare, is included in the Health Service Executive revised capital plan for the remainder of the national development plan; and if so, when construction will commence. [14936/09]

Minister for Health and Children (Deputy Mary Harney): In drawing up its capital prog- ramme, the Health Service Executive is required to prioritise the capital infrastructure projects to be progressed within its overall capital funding allocation under the National Development Plan, taking account of the NDP targets for division of capital investment between the Acute and the Primary, Community and Continuing Care sectors. The Executive has recently submitted a draft capital plan which sets out its proposed capital priorities in the context of the adjusted capital allocation notified in Budget 2009 and the further adjustments announced in February in the Government Decision on the Implemen- tation of the Framework for Stabilisation, Social Solidarity and Economic Renewal. Consul- tation on this draft capital plan is currently ongoing between the HSE and my Department. 293 Questions— 9 April 2009. Written Answers

[Deputy Mary Harney.] The draft capital plan will now require some further adjustment to take account of the revised capital envelope announced in the Supplementary Budget on 7th April. Details on individual projects will not be known until such time as the capital plan for 2009 is approved.

Health Services. 27. Deputy Emmet Stagg asked the Minister for Health and Children the waiting times in respect of hearing tests for children in County Kildare, in Newbridge and at Tallaght health centres. [14948/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

28. Deputy Emmet Stagg asked the Minister for Health and Children the allocations to County Kildare for home care packages in 2007, 2008 and 2009; and the number of people in County Kildare on the waiting list for home care packages. [14949/09]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): As this is a service matter it has been referred to the Health Service Executive for direct reply.

29. Deputy Emmet Stagg asked the Minister for Health and Children the number of people in County Kildare awaiting admission to a long-term bed in public nursing homes in County Kildare and their circumstances, be it in acute hospital beds, living at home, or in private nursing homes. [14950/09]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): As this is a service matter it has been referred to the Health Service Executive for direct reply.

30. Deputy Emmet Stagg asked the Minister for Health and Children the number of children and adults awaiting assessment for occupational therapy in Kildare and west Wicklow. [14951/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Health Service Staff. 31. Deputy Emmet Stagg asked the Minister for Health and Children the number of occu- pational therapists working in the Kildare and west Wicklow service; and the number of vacant posts which remain unfilled. [14952/09]

33. Deputy Emmet Stagg asked the Minister for Health and Children the number of speech and language therapists working in the Kildare service; and the number of posts which remain unfilled. [14954/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 31 and 33 together. Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Governments ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals 294 Questions— 9 April 2009. Written Answers employed in the public health services. The Government has also invested heavily in the edu- cation and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. In view of the current economic position, as a measure to implement savings measures on public service numbers, the Government has decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or the payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such con- tracts. Arrangements have been put in place for the health sector that aim to ensure that key services are maintained insofar as possible and that there will be flexibility in relation to the filling of key frontline posts for various grades, including Speech and Language Therapists and Occupational Therapists, to allow for the continued development of integrated health care, particularly primary and community care, care of the elderly and people with disabilities. Subject to overall parameters set by Government, and taking account of the above Govern- ment decision, the Health Service Executive has the responsibility for determining the compo- sition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public, and I have accordingly referred that part of the Deputy’s question to the Executive for attention and direct reply.

Health Services. 32. Deputy Emmet Stagg asked the Minister for Health and Children the number of children awaiting assessment for orthodontic treatment in Kildare; and the number of children awaiting orthodontic treatment. [14953/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Question No. 33 answered with Question No. 31.

34. Deputy Emmet Stagg asked the Minister for Health and Children the waiting time for eye tests for children in Maynooth and Naas health centres in County Kildare. [14955/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the Health Service Executive for direct reply.

35. Deputy Emmet Stagg asked the Minister for Health and Children the plans by the Health Service Executive to open a modern health centre in Kilcock, County Kildare. [14958/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the Health Service Executive for direct reply.

36. Deputy Emmet Stagg asked the Minister for Health and Children the amount allocated in 2009 for the home help services in Kildare and west Wicklow. [14959/09]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): As this is a service matter it has been referred to the Health Service Executive for direct reply.

37. Deputy Emmet Stagg asked the Minister for Health and Children the number of people currently availing of home help services in Kildare and west Wicklow; and the number assessed as requiring home help but have no service at present. [14960/09] 295 Questions— 9 April 2009. Written Answers

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 38. Deputy Sea´n Barrett asked the Minister for Health and Children if account will be taken of the special circumstances of widowed persons over 70 years old, whose automatic entitlement to a medical card has been removed due to their assessment as single persons, and whose housing overheads and living expenses are virtually undiminished; and if she will make a state- ment on the matter. [14971/09]

Minister for Health and Children (Deputy Mary Harney): The Health Act 2008 allows for a surviving spouse of an over 70 medical card holder to retain their card for a period of 3 years provided that:

• the death occurred on or after 1st January 2009;

• the surviving spouse/partner was aged 70 or over at the time of the death;

• the surviving spouse remains within the \1,400 weekly income limit for a couple.

After 3 years, the surviving spouse will be assessed under the \700 single weekly income limit. I moved an amendment during the legislation’s passage through the Houses of the Oireachtas to ensure that a person aged 70 or over would not lose his/her medical card as an immediate consequence of the death of a spouse. My Department examined the options available to ensure that the trauma is minimised for an elderly person whose spouse dies. I am satisfied that the provision in the legislation offers the best solution from a non-discrimination point of view. A surviving spouse aged 70 or over, who no longer qualifies for a medical card after 1st January may apply to the HSE for a card under the existing net income thresholds, which take account of medical, nursing and other relevant expenses. The HSE may also issue a medical card on a discretionary basis if the person would otherwise be caused undue hardship in providing general medical and surgical services for themselves and any dependants. Such persons are encouraged to apply to the HSE for a discretionary card.

National Treatment Purchase Fund. 39. Deputy Joe McHugh asked the Minister for Health and Children if she will prioritise a review of the National Treatment Purchase Fund and the consultants’ contracts in view of ongoing budgetary constraints on hospitals and health care providers; and if she will make a statement on the matter. [14983/09]

Minister for Health and Children (Deputy Mary Harney): I have no plans to review the statutory remit of the National Treatment Purchase Fund (NTPF). The Fund has submitted its proposals for activity levels in 2009 and these are currently the subject of discussion with my Department. In line with Government policy, the NTPF must, of course, achieve optimum value for money in discharging its remit. The Fund will continue in 2009 to arrange in-patient and out-patient care for persons on hospital waiting lists. At my request, the NTPF, working with the HSE and the hospitals, will maintain a particular focus again this year on reducing the number of persons waiting for more than twelve months for treatment. I am pleased to say that, as a result of the efforts made by all concerned during 2008, the total number of persons 296 Questions— 9 April 2009. Written Answers waiting over 12 months was reduced by 66%, from 4637 to 1576 between December 2007 and December 2008. Last December I indicated that I was not prepared to sanction salary increases for consultants who signed up to the new consultants’ contract until I was satisfied that reformed work practices were being implemented and there was a demonstrable benefit to the public health system. The HSE has since undertaken a verification exercise, the results of which show that the majority of consultants are demonstrably engaged in the implementation of new work practices. In the light of the HSE’s findings, I intend that this contract will be honoured because it is fundamental to changing the manner in which our public hospitals operate. The commencement of payment of the new contract rates for medical consultants will be addressed in the context of decisions which I will be making on the HSE Service Plan within the next two weeks.

Health Service Staff. 40. Deputy Noel J. Coonan asked the Minister for Health and Children her plans to reinstate a community welfare officer (details supplied) in County Tipperary; the timeframe for the move; the reason same has not happened; and if she will make a statement on the matter. [14987/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Medical Cards. 41. Deputy Noel J. Coonan asked the Minister for Health and Children the consequences of the proposed centralisation of the medical card section in a town (details supplied) in County Tipperary to Dublin; the way it will affect patient service; the way it will affect the admini- stration personnel who provide the service regarding their employment; and if she will make a statement on the matter. [14988/09]

Minister for Health and Children (Deputy Mary Harney): Under the Health Service Execu- tive’s 2009 Service Plan it has been agreed that the processing of medical card applications will be centralised and will transfer to the Executive’s Primary Care Reimbursement Service in Dublin. The change is being implemented on a phased basis and is designed to deliver a better and more cost effective service. Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all medical card applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours. There will be no affect on the assessment of people whose income exceeds the income guidelines but have a case to be considered on medical or hard- ship grounds. Local Health Offices will continue to provide advice and necessary supports to people apply- ing for medical cards. They will also deal with queries of a general nature about the medical card scheme and, along with the HSE National Helpline (1850 24 1850), will handle enquiries from clients in respect of their medical card entitlements. The new arrangements will also deliver significant efficiencies by making greater use of shared services for both internal administration and direct service delivery. This is a good example of the type of innovation signalled in the Transforming Public Services Programme announced by the Taoiseach last November. It demonstrates how the HSE can 297 Questions— 9 April 2009. Written Answers

[Deputy Mary Harney.] deliver improved services within the more limited resources available in a way which meets the needs of citizens in a modern society.

Hospital Staff. 42. Deputy Thomas P. Broughan asked the Minister for Health and Children if she will appoint two additional full time neurophysiologists to Beaumont Hospital, Dublin; and if she will make a statement on the matter. [14989/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services. 43. Deputy Finian McGrath asked the Minister for Health and Children if she will support persons (details supplied) in Dublin 5. [15010/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Child Care Services. 44. Deputy Frank Feighan asked the Minister for Health and Children the way a child care centre (details supplied) can honour subventive places in between reviews; her proposals to ensure that these services can continue; and the plans she has put in place to ensure these state of the art facilities do not become redundant. [15016/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme (NCIP) 2006-2010, under which the Community Childcare Subvention Scheme (CCSS) is being implemented. Services participating in the CCSS receive annual funding on the basis of the number of qualifying parents recorded as using the service in a particular reference week, generally set in late September of each year. To provide for changes in parent profiles, which may alter the service provider’s overall costs, providers are encouraged to include this contingency at the beginning of each year when they are calculating the cost price of the service(s) provided. Services may apply mid-year to have their funding reviewed, where they believe they would benefit from additional funding as a result of a significant increase in the number of qualifying parents. In 2009, services were advised that they should have requested a review by 26 March and that the reference week will be that ending on 3 April. Where a review results in an increased level of funding, this will be calculated with effect from 1 April. As the funding is paid on the basis of the number of qualifying parents using a service at a particular point in time, the increase in funding will apply from that date and cannot be applied retrospectively. It is also noted that the facility for a mid-year review is optional and services with lesser numbers of qualifying parents are not required to seek a reduction in their grant level. I am satisfied that the arrangements in place are satisfactory and provide for much greater flexibility than was the case under the previous support scheme, under the Equal Opportunities Childcare Programme (EOCP), which allocated funding for a period of 3 years. I understand that services participating in the CCSS have been provided with detailed guide- lines regarding the scheme including the review process, by the Childcare Directorate of my 298 Questions— 9 April 2009. Written Answers

Office. I also understand that the service in question has recently applied for a review of their 2009 funding and have been asked to forward completed returns to the Childcare Directorate. When this new information is processed the service will be advised of any changes to their funding allocation. The Deputy will be aware of the announcement in this week’s Budget speech of the introduc- tion of a free pre-school year for eligible children from January next. I very much welcome this important investment in our children’s futures as a mark of this Government’s ongoing commitment to children. The provision of a year’s free pre-school will promote equality of opportunity at the most important developmental stage of children’s lives. The development will also help to sustain thousands of jobs in the childcare sector.

Proposed Legislation. 45. Deputy Frank Feighan asked the Minister for Health and Children if there is legislation in place to curb head shops; and her plans to ensure head shops are properly controlled. [15018/09]

Minister for Health and Children (Deputy Mary Harney): The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland’s obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland. Items available for sale in so-called “head shops” are currently not scheduled under Misuse of Drugs legislation. The list of sched- uled substances is kept under ongoing review. For example, in 2006 psychotropic (“magic”) mushrooms, which were on sale in such outlets, were banned and their possession and sale is now illegal. On 31 March last BZP was similarly subjected to legislative control measures and criminal sanctions. My colleague Mr John Curran, Minister of State at the Department of Community, Rural and Gaeltacht Affairs, who has responsibility for co-ordinating the National Drugs Strategy, has identified headshops as an area of concern, and is currently considering the options available to more effectively control the activities of headshops.

Medical Cards. 46. Deputy Frank Feighan asked the Minister for Health and Children when the over 70s GMS card will re-issue to a person (details supplied) in County Roscommon; and the reason they received a further application to complete one month after returning the first complete application. [15019/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 47. Deputy Frank Feighan asked the Minister for Health and Children if she will ensure four nursing care hours are not cutback in respect of a person (details supplied) in County Roscommon. [15020/09]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): As this is a service matter it has been referred to the Health Service Executive for direct reply. 299 Questions— 9 April 2009. Written Answers

Cancer Screening Programme. 48. Deputy James Reilly asked the Minister for Health and Children the percentage of women here being routinely screened by BreastCheck as at 31 January 2009; and if she will make a statement on the matter. [15022/09]

Minister for Health and Children (Deputy Mary Harney): The matter raised by the Deputy is the responsibility of the National Cancer Screening Service. Accordingly, my Department has requested the Chief Executive Officer of the Service to respond directly to the Deputy in relation to the matter raised.

Services for People with Disabilities. 49. Deputy James Reilly asked the Minister for Health and Children if she will confirm the amount of money spent to provide for artwork in the new disability centre in Athlone, County Westmeath; and if she will make a statement on the matter. [15024/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Hospital Services. 50. Deputy Frank Feighan asked the Minister for Health and Children if she will ensure that cancer care facilities in Sligo will not be interfered with until proper and satisfactory alternatives are put in place and that patient care and lives will not be put at risk by attempting to transfer them or their care to non-existent or overstretched facilities elsewhere. [15030/09]

Minister for Health and Children (Deputy Mary Harney): The matter raised by the Deputy relates to the provision of healthcare services and accordingly, I have asked the HSE to respond directly to the Deputy on the matter.

Hospital Waiting Lists. 51. Deputy Charles Flanagan asked the Minister for Health and Children when a person (details supplied) in County Carlow who is on a waiting list will be admitted to Tallaght hospital in view of their deteriorating health condition. [15050/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Medical Cards. 52. Deputy Bernard J. Durkan asked the Minister for Health and Children the entitlement to a medical card in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15056/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Rail Network. 53. Deputy Emmet Stagg asked the Minister for Transport if, further to Parliamentary Ques- 300 Questions— 9 April 2009. Written Answers tion No. 183 of 18 December 2008, there has been further progress on this issue; and the amount of capital funding available in 2009 for each of the capacity improvements required to the Maynooth suburban line. [14932/09]

Minister for Transport (Deputy Noel Dempsey): I understand from Iarnro´ dE´ ireann that discussions are ongoing with the relevant local authorities on the removal of level crossings on the Maynooth line. Improvements to the Maynooth line will commence in 2010 as part of the build up of electrifi- cation and re-signalling in advance of the Dart Underground of which the Maynooth line is an integral part.

Road Network. 54. Deputy Emmet Stagg asked the Minister for Transport the reason funding to Kildare County Council for regional and local road grants in 2009 was reduced by 13% when the national allocation only fell by 2%. [14934/09]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads in its area is a matter for Kildare County Council to be funded from its own resources supplemented by State grants. Road grants for regional and local roads are allocated annually under a number of grant categories. The level of grants allocated to individual authorities is determined each year having regard to a number of factors including the total funds available in a particular year, eligibility criteria for the different grant schemes, road pavement conditions, length of road network, the need to prioritise projects and competing demands from other local authorities. In determining the annual regional and local road grant allocations, the overall objective is to resource each local authority appropriately in relation to their ongoing and specific needs. The multiplicity of criteria applying to road grants, together with the impact from year to year of individual projects as they advance from commencement to completion, necessarily entails divergence in the annual levels of allocation to individual local authorities.

Rail Network. 55. Deputy Emmet Stagg asked the Minister for Transport the amount of capital funding allocated in 2009 for the Kildare route project; if the project is on schedule; and the expected completion date. [14935/09]

Minister for Transport (Deputy Noel Dempsey): The Exchequer capital amount currently allocated from my Department’s Estimate for 2009 in respect of the Kildare Route Project is \60m. I understand that excellent progress has been made to date on the Kildare Route Project and that it is expected to finish on time and on budget in early 2010, with services commencing shortly thereafter.

Road Network. 56. Deputy Emmet Stagg asked the Minister for Transport if he will provide details, including the location and nature of the proposed projects by the National Roads Authority and the estimated cost of each that has been submitted by him for approval by the Department of Finance under the new policy where all capital projects not contractually committed require the approval of the Department of Finance. [14962/09] 301 Questions— 9 April 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsi- bility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Act 1993 in conjunction with the local authorities concerned.

Road Signage. 57. Deputy Joe McHugh asked the Minister for Transport if he will incorporate the comh- sta´das-equal status on future road signage in the 20 year plan for the teanga; and if he will make a statement on the matter. [14982/09]

Minister for Transport (Deputy Noel Dempsey): The Minister for Transport may, under section 95 of the Road Traffic Act 1961, give general or particular directions to the road authorities in relation to traffic signs. Directions are contained in the manual “Traffic Signs Manual 1996” in relation to the use of Irish and English on traffic signs. The Minister for Transport is satisfied with these directions and he does not intend to change them.

Parking Regulations. 58. Deputy Charles Flanagan asked the Minister for Transport the circumstances under which wheel clamping is legal; the circumstances in which wheel clamping carried out by persons on public highways by the Garda Sı´ocha´na or persons with statutory authority is legal; if private companies are employed on a contract basis in respect of wheel clamping; the contractual nature of the relationship between private companies and State companies on this issue; and if he will make a statement on the matter. [14994/09]

Minister of State at the Department of Transport (Deputy Noel Ahern): An authorised person under Section 101b of the Road Traffic Act 1961, as amended, can fix an immobilisation device (clamp) to a vehicle parked in contravention of any prohibition or restriction imposed under Sections 35, 36 and 36A of the Road Traffic Act 1994. The Road Traffic (Traffic and Parking) Regulations, 1997 to 2006 sets out parking controls for the purposes of section 35. Parking offences for the purposes of sections 36 and 36A are set out in any by-laws made by a local authority under those provisions. Powers to clamp vehicles are also available to the Gardaı´ and local authorities under Section 97 of the Road Traffic Act 1961. The employment of private companies as authorised persons to carry out statutory functions is a matter for each local authority as is the detail of the contracts.

Pension Provisions. 59. Deputy Fergus O’Dowd asked the Minister for Transport the details of the retirement package for the former chief executive of Aer Lingus; if Government members on the board of Aer Lingus were consulted on this matter; if he was consulted on this matter; and if he will make a statement on the matter. [15033/09]

Minister for Transport (Deputy Noel Dempsey): The retirement package for the former chief executive of Aer Lingus Group plc is a matter for the board of the company. I have no role in such matters. The mandate of the State’s directors on the Board is to seek to ensure that 302 Questions— 9 April 2009. Written Answers decisions of the company that have significant implications for wider Government, aviation or regional development policies are considered at board level.

Road Safety. 60. Deputy Fergus O’Dowd asked the Minister for Transport if he has ordered a reduction in advertising used by the Road Safety Authority; and if he will make a statement on the matter. [15034/09]

Minister of State at the Department of Transport (Deputy Noel Ahern): Road safety is a priority for Government, and the Road Safety Strategy 2007-2012, which was launched in October 2007, is the key framework for actions by the various departments and agencies involved. The final allocation to the Department of Transport and the Road Safety Authority for this year will be published in the Revised Estimates Volume which will follow the recent Sup- plementary Budget Statement. The RSA will continue its activities in 2009, making best use of both Exchequer funding and the fee income generated by the agency. The road safety strategy remains the way forward agreed by the Government, for the RSA and for all other agencies involved, with the objective of continuing to save lives and reduce injuries on our roads.

Taxi Regulations. 61. Deputy Fergus O’Dowd asked the Minister for Transport if he will respond to correspon- dence (details supplied); and if he will make a statement on the matter. [15079/09]

Minister for Transport (Deputy Noel Dempsey): Only taxis licensed by the Commission for Taxi Regulation, which are catergorised as small public service vehicles, are entitled to apply for hire or reward on public roads. The enforcement of this requirement is a matter for the Commission for Taxi Regulation and the Gardaı´. The position in relation to large public service vehicles, which are defined in legislation as vehicles, accommodating more than eight passen- gers, is that any operator using any such vehicle for the carriage of passengers for hire or reward must have a Road Passenger Transport Operator’s Licence (RPTOL), issued by the Department of Transport. The requirements to obtain an RPTOL are set out in European and Irish law, and include requirements regarding financial standing, professional competence and good repute. This means, insofar as professional competence is concerned, that at least one person in the firm, known as the Transport Manager, must hold a Certificate of Professional Competence. The RPTOL grants the holder access to the profession of public bus operator. The holder of an RPTOL is then entitled to engage in private hire. For example where the general public phone a taxi firm to hire a taxi, and if that taxi firm also holds a Road Passenger Transport Operator’s Licence (RPTOL) from the Department of Transport, then it is a matter for the taxi firm to decide what type of vehicle to dispatch. However, it should be emphasised that any vehicle so used, depending on its size, must be either a properly licensed taxi or a large public service vehicle bus that is authorised on an RPTOL. Enforcement of compliance with licensing requirements relating to large public service vehicles is a matter for the Gardaı´ and the Road Safety Authority.

Drug Treatment Programme. 62. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the reason 303 Questions— 9 April 2009. Written Answers

[Deputy Brian O’Shea.] a person (details supplied) in County Waterford was not allowed to continue their methadone maintenance programme while they served four months in prison; and if he will make a state- ment on the matter. [14917/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): All decisions about the medical treatment afforded this person while in prison custody were taken by the prison doctor.

Garda Strength. 63. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the Garda strength on 1 April 2009 in each of the Garda stations in the Leixlip Garda district and the Naas Garda district in County Kildare. [14930/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner that as of 28 February 2009, the latest date for which figures are readily available, the personnel strengths of the Garda Stations referred to by the Deputy was as set out in the following table:

Leixlip Garda District

District Number

Carbury 3 Celbridge 19 Kilcock 8 Leixlip 33 Maynooth 15

Naas Garda District

District Number

Ballymore Eustace — Clane 8 Kill 3 Naas 106

Resource levels are monitored on an ongoing basis by Garda Management in each District and Division, in conjunction with crime trends and other demands made on An Garda Sı´ocha´na. The situation will be kept under review and the needs of the areas referred to by the Deputy will be fully considered within the overall context of the needs of policing requirements throughout the country.

Proposed Legislation. 64. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the pro- gress made in preparing legislation to resolve the issue of unregulated management companies operating in apartment and traditional housing estates. [14957/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Legislation to address the Law Reform Commission’s recommendations on multi-unit developments is in the 304 Questions— 9 April 2009. Written Answers course of being drafted by the Parliamentary Counsel as a matter of priority. The aim is to publish the Bill in the next Session. The principal focus of the new Bill will be on ensuring good governance of property manage- ment companies and similar bodies which comprise the owners of units within multi-unit devel- opments and which exercise management functions in relation to such developments. It is also intended to include provisions for the resolution of disputes arising in relation to such matters. The policy aspects extend to my Department, the Department of Enterprise, Trade and Employment and the Department of the Environment, Heritage and Local Government. As regards the operation of management companies in traditional housing estates, this is primarily a matter for the Minister for the Environment, Heritage and Local Government and his Department. I am aware that Department issued a guidance document to all City and County Managers in February 2008 stating that the formation of management companies must not be a requirement in planning conditions for traditional housing estates except in the most exceptional circumstances, and outlining the Department’s policy regarding the taking-in- charge of such estates.

Closed Circuit Television Systems. 65. Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if funding has been allocated by his Department for the installation of a closed circuit television monitoring system in New Ross town, County Wexford; when money can be drawn down; and if he will make a statement on the matter. [14975/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Community- based CCTV Scheme is designed to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of local community CCTV systems. I am advised that the scheme by New Ross Town Council for the provision of CCTV in the town is ready to proceed to contract stage and accordingly, a request for drawdown of funds has been made by Pobal who administer the scheme on behalf of my Department. This request is currently being processed.

Private Security Services. 66. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if he is satisfied with the performance of the Private Security Authority; if his attention has been drawn to complaints that oppressive conditions are being imposed on ordinary installers of alarm systems and that, as a result, jobs are being threatened; and if he will make a statement on the matter. [14976/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Private Secur- ity Authority, established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent body operating under the aegis of my Department. I have no role, therefore, in relation to operational decisions taken by the Authority. I am satisfied with the performance of the Private Security Authority in introducing a licens- ing regime to the private security industry, and I am supportive of its overall aim of promoting positive change in the industry, to the benefit to both consumers and providers of security services.

305 Questions— 9 April 2009. Written Answers

[Deputy Dermot Ahern.]

Following the introduction of licensing, it is an offence to provide a service without a licence or to employ an unlicensed operator. The aim of licensing is to regulate and monitor contractors providing security services and to improve standards in the provision of these services. Both the industry and public are benefitting from the rising standards that regulation has brought about. I am informed by the Authority that contractors applying for a licence, including in the intruder alarm installer sector, are required to provide the following standard documentation in support of their application:

• Completed Application Form

• Valid Tax Clearance Certificate

• Completed Garda Vetting Form

• Evidence of attainment of the required technical and security management sector standard.

I am satisfied that these requirements are reasonable and in no way place an oppressive burden on applicants. Contractors, including the intruder alarm installer sector, are also required to pay a licence fee. I am informed by the Authority that the current licence fee structure in this regard reflects the differences which exist between the different sectors within the private security industry. It comprises two elements, an administration fee of \1,000 and a turnover fee based on the annual turnover of a contractor. The licence issued by the Authority is valid for a two year period. There are currently 494 intruder alarm installers licensed by the Authority. This compares to 490 at the end of 2007 and 501 at the end of 2008. While the number of licensed contractors has remained steady over the past 18 months, the Authority expects that the current downturn in the construction industry will have an impact on the number of contractors operating in the sector.

Visa Applications. 67. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application by a person (details supplied); and if he will make a statement on the matter. [14984/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned has been granted Leave to Remain in the State for the period to 14 April 2009. This decision was conveyed in writing to the person concerned by letter dated 14 April 2008. The person concerned is required to apply in writing for the renewal of this permission. As my Department’s records show no evidence of such a renewal application having been made to date, it is recommended that the person concerned should do so without further delay.

Crime Levels. 68. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of persons arrested and charged for knife related crime in Dublin for the years 2005, 2006, 2007 and 2008 and to date in 2009; the steps the Garda Sı´ocha´na is taking to tackle knife related crime; and if he will make a statement on the matter. [14990/09]

306 Questions— 9 April 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Sı´och- a´na Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedi- cated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him. Though legislation on the use of knives and similar weapons is already very strong and heavy penalties are already in place, I am moving to strengthen the law in this area. In that context, I sought and received proposals from the Garda Commissioner on strengthening the law on knife crime. These include:

• increasing the penalties for possessing a knife in a public place;

• creating an extended power of search without warrant in certain circumstances; and

• the introduction of a prohibition in relation to swords.

I have accepted these proposals and the forthcoming Criminal Justice (Miscellaneous Provisions) Bill will take account of them. Drafting of the Bill has now been completed, and it is intended to publish it shortly. It is my intention that it will be considered by the Oireachtas at the earliest possible opportunity. In addition, I have directed the drafting of a new Firearms and Offensive Weapons Order which will deal with the issue of swords. In particular, I will be banning the sale of samurai swords. On 5 February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Sı´ocha´na with the objective of informing and educating young people in particular on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime. The campaign is making targeted use of meetings featuring local sports stars and role models, regional media campaigns and on-line media supports.

Residency Permits. 69. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for residency by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14999/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my detailed Reply to his recent Parliamentary Question No. 151 of Thursday 19 February 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Business Permission Applications. 70. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 169 of 2 April 2009, the number of applications on hand in the years in question at year end; if he will provide an explanation as to the way his Department dealt with 79 more applications in the past three years than were on hand and received in the period; the main reason applications were refused; and if he will make a statement on the matter. [15000/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Immigration Services Section of my Department informs me that there were 79 Business Permission appli- cations pending at the end of 2003 which accounts for the discrepancy referred to by the Deputy. The number of cases on hand at the end of each year were as follows:

307 Questions— 9 April 2009. Written Answers

[Deputy Dermot Ahern.]

Year Cases on hand on at end of the year

2003 79 2004 233 2005 511 2006 431 2007 61 2008 29

I am further informed that detailed records as to the main reason why applications were refused in the past five years are not collated on this basis and are not available. The Deputy should note that decisions are made on a case by case basis and that reasons for refusal vary depending on the merits of the individual application.

Garda Strength. 71. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when additional gardaı´ will be allocated to Tipperary Town; when additional community gardaı´ will be allocated to Tipperary Town; and if he will make a statement on the matter. [15002/09]

72. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when additional gardaı´ will be allocated to Cashel, County Tipperary; when additional community gardaı´ will be allocated to Cashel; and if he will make a statement on the matter. [15003/09]

73. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when additional gardaı´ will be allocated to Clonmel, County Tipperary; when additional community gardaı´ will be allocated to Clonmel; and if he will make a statement on the matter. [15004/09]

74. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when additional gardaı´ will be allocated to Cahir, County Tipperary; when additional community gardaı´ will be allocated to Cahir; and if he will make a statement on the matter. [15005/09]

75. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when additional gardaı´ will be allocated to Carrick-on-Suir, County Tipperary; when additional com- munity gardaı´ will be allocated to Carrick-on-Suir; and if he will make a statement on the matter. [15006/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 71 to 75, inclusive, together. I am informed by the Garda Commissioner that as of 28 February 2009, the latest date for which figures are readily available, the personnel strengths and the Community Policing strengths of each of the Garda Stations referred to by the Deputy was as set out as follows:

Garda Station Station Strength Community Policing

Cashel 13 — Tipperary Town 34 2 Cahir 46 1 Carrick-On-Suir 11 — Clonmel 52 6

308 Questions— 9 April 2009. Written Answers

The Commissioner recently launched a new National Model of Community Policing for An Garda Sı´ocha´na. This new model will build on the success of existing good community policing practice and I look forward to the implementation of this plan. A National Community Policing Office will be established within Garda Community Relations Section and and it is intended that every District Officer throughout the country will take ownership of community policing within their area of responsibility.

Asylum Support Services. 76. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Galway will be transferred to self-catering accom- modation; and if he will make a statement on the matter. [15060/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Reception and Integration Agency that it does not have any record of a request from the person in question for a move to self-catering accommodation.

Asylum Applications. 77. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; if they will be transferred to self-catering accommodation in view of their medical needs; and if he will make a statement on the matter. [15061/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Question No. 364 of Tuesday, 21 October 2008 and the written reply to that question. The person concerned applied for asylum on 3 March 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immi- gration Act 1999, as amended, the person concerned was informed, by letter dated 13 April 2007, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of con- senting to the making of a deportation order or of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for subsidiary protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person submitted an application for subsidiary protection in the State in accordance with these regulations. This application is under consideration. When consideration of this application has been completed, the person will be notified in writing of the outcome. If the subsidiary protection application is refused, the case file of the person concerned, including all representations submitted, will be considered under section 3(6) of the Immi- gration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement. When this latter consideration has been completed, the file will be passed to me for decision. In relation to the second part of the Deputy’s question, the Recep- tion and Integration Agency is responsible for the accommodation of asylum seekers in accord- ance with the Government policy of direct provision and dispersal. The person concerned and his family are availing of accommodation at the Old Convent Accommodation Centre, Ballyhaunis, County Mayo. The agency previously received requests for transfer to self-catering accommodation for this family and found that there were insufficient grounds to support such

309 Questions— 9 April 2009. Written Answers

[Deputy Dermot Ahern.] a transfer. The family continues to be provided with accommodation by the agency in accord- ance with the direct provision policy.

78. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [15062/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Question No. 125 of Thursday, 23 October 2008 and the written reply to that question. An asylum application was submitted on behalf of the person concerned, an infant child born in mid-2007, on 20 November 2007. This asylum application was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 21 May 2008, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for subsidiary protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). An appli- cation for subsidiary protection in the State has been submitted on behalf of the person con- cerned. This application is under consideration. When consideration of this application has been completed, the person will be notified in writing of the outcome. If the subsidiary protec- tion application is refused, the case file of the person, including all representations submitted, will then be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement. When this latter consideration has been completed, the case file will be passed to me for decision.

79. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [15063/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Question No. 124 of Thursday, 23 October 2008 and the written reply to that question. The person concerned arrived in the State on 15 April 2005 and applied for asylum. The second reference number refers to the child of the person who was born in the State later that year and is included as a child dependant on her mother’s asylum claim. The asylum application of the person concerned was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Sub- sequently, in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 20 April 2007, that the Minister proposed to make deportation orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deport- ation orders or of making representations to the Minister setting out the reasons she and her child should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for subsidiary protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person submitted an application for subsidiary protection in the State in accordance with these regu- lations. This application is under consideration. When consideration of this application has been completed, the person will be notified in writing of the outcome.

310 Questions— 9 April 2009. Written Answers

The person concerned also claimed asylum in the United Kingdom on 9 May 2007. In accord- ance with the provisions of the Dublin II Regulations, the UK requested that Ireland agree to the return of the person concerned to this State as the person was in the UK without permission and having regard for the fact that Ireland was the Dublin II regulation state responsible for examining the asylum application of the person concerned. The person, accompanied by her dependant child, was returned to this State. The application for subsidiary protection in the State submitted by the person will now be examined. If the subsidiary protection application is refused, the case file of the person, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person will be passed to me for decision. The Deputy might wish to note that any decision made in relation to the person concerned will apply equally to the dependant child referred to in his question.

Residency Permits. 80. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15064/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Questions Nos. 1021 of Wednesday 24 September 2008 and 173 of Thursday 26 June 2008 and the written Replies to those Questions. The person concerned applied for asylum on 13 August 2002. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 29 August 2003, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and these represen- tations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Citizenship Applications. 81. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the application for citizenship in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [15065/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 137 on 12 February 2009. The position remains as stated.

82. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status regarding the application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15066/09]

311 Questions— 9 April 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I would point out to the Deputy that there is no application for family reunification in the case he refers to. The situation is that the person concerned was granted permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1 January 2005 know as the IBC/05 scheme. This permission was subject, however, to the condition that it does not confer any entitlements or legitimate expectation on any other person, whether related to her or not, to enter the State. My Department has a record of the person concerned having 2 other child dependants in the State. One child is under the age of sixteen and is covered by the permission to remain granted to her parent. The other child, who is over sixteen, was issued a letter by my Depart- ment on the 19 March 2008 informing him that he has permission to remain in the State in line with the permission already granted to his mother who is registered up to 5 October 2010.

Residency Permits. 83. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status regarding the application for residency in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [15067/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Immigration Division of my Department that they have recently been in contact with the person referred to by the Deputy in relation to her immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immi- gration Division in examining her case.

84. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status regarding the application for residency in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [15068/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Immigration Division of my Department that they have recently been in contact with the person referred to by the Deputy in relation to her immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immi- gration Division in examining her case.

85. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status regarding the application for residency in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [15069/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Immigration Division of my Department that they have recently been in contact with the person referred to by the Deputy in relation to her immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immi- gration Division in examining her case

Deportation Orders. 86. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision of deport in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [15070/09]

312 Questions— 9 April 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the Reply to Parliamentary Question No. 222 of Thursday, 3 April 2008. The status of the person concerned remains as set out in that Reply. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (GNIB) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. He is due to present again on Thursday 23 April 2009. I am satisfied that the applications made by the person concerned for asylum and for tempor- ary leave to remain in the State, together with all refoulement issues, were fairly and compre- hensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

Residency Permits. 87. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status regarding the application for residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [15071/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 168 of Thursday 25 September 2008 and the written Reply to that Question. The person concerned applied for asylum on 11 March 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 December 2004, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and these represen- tations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Citizenship Applications. 88. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [15072/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service that the person in question made a Family Reunification application on behalf of her son in June 2006 and a decision issued in June 2007 refusing the application.

313 Questions— 9 April 2009. Written Answers

[Deputy Dermot Ahern.]

The legal representative of the person concerned subsequently resubmitted a new application that has been forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. On completion of the investigation the Commissioner will prepare and forward a report to the Irish Naturalisation and Immigration Service and on receipt of the Commissioner’s report the application will be considered further.

Deportation Orders. 89. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15073/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 14 June 2001 and applied for asylum on 18 June 2001. Her application was refused following consideration of her case by the Office of the Refugee Appli- cations Commissioner, and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 9 January 2004, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported. Her case was then examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on her behalf by her legal representative for permission to remain in the State. On 3 February 2005, my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 13 November 2007 in order to make travel arrangements for her removal from the State. She failed to present as required and was classified as evading her deportation. Should she come to the notice of the Gardaı´, she would be liable to arrest and detention. She should, therefore, present herself to the GNIB without any further delay. An application for Family Reunification was made in respect of the person concerned by her husband in April 2007. Said application was withdrawn by the husband of the person concerned and he was notified of this by letter dated 17 October 2007. A fresh application for Family Reunification was made in February 2008. Subsequently by letter dated 12 January 2009, the legal representative of the person concerned advised my Department that its client wished to withdraw her application for Family Reunification. Said application was deemed withdrawn and the legal representative of the person concerned was notified of this by letter dated 29 January 2009. I am satisfied that the applications made by the person concerned for asylum and for tempor- ary leave to remain in the State, together with all refoulement issues, were fairly and compre- hensively examined and, as such, the decision to deport her is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

314 Questions— 9 April 2009. Written Answers

The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

Residency Permits. 90. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [15074/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned applied for asylum on 14 March 2005 on his own behalf and on behalf of his minor son. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 January 2006, that the Minister proposed to make a Deportation Order in respect of him and his son. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why he and his son should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and these represen- tations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

91. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [15075/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned applied for asylum on 11 January 2005. Her application was refused following consider- ation of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 January 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and these represen- tations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Citizenship Applications. 92. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [15076/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my previous answer to his Parliamentary Question No. 727 of 27th January 2009.

315 Questions— 9 April 2009. Written Answers

[Deputy Dermot Ahern.]

I am informed by the Irish Naturalisation and Immigration Service of my Department that a Family Reunification application was received in April 2007. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. The investigation has been completed and the Commissioner has forwarded a report to my Department. A decision to approve this application has recently issued to the person in question.

Residency Permits. 93. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position on the application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [15077/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 328 of Tuesday 25 November 2008 and the written Reply to that Question. The person concerned applied for asylum on 20 January 2004. As part of the process of having his asylum claims investigated, the person concerned was invited to attend for interview at the Office of the Refugee Applications Commissioner on 15 September 2004. The person concerned did not attend for interview on this date, nor did he furnish an explanation for his failure to attend. Consequently, he was informed, by letter dated 21 September 2004, that the Refugee Applications Commissioner had recommended to the Minister for Justice, Equality and Law Reform that he should not be declared to be a refugee, in accordance with the provisions of Section 13(2) of the Refugee Act, 1996 (as amended). The person concerned was also informed that there was no appeal against such a recommendation. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 7 October 2004, sent by registered post to his last known address, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State volun- tarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. This letter was returned to my Department marked “gone away”. The case of the person concerned now falls to be dealt with in accordance with 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. When this consideration has been completed, the case file of the person concerned is passed to me for decision.

Citizenship Applications. 94. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 578 of 24 March 2009 in respect of an application for citizenship by a person (details supplied) in County Cork and in view of the circumstances pertaining when a decision will be made; and if he will make a statement on the matter. [15078/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in August 2007.

316 Questions— 9 April 2009. Written Answers

Officials in that Section inform me that documentation has been requested from the person concerned. Further processing of the application will continue once the requested docu- mentation is received.

Swimming Pool Projects. 95. Deputy Emmet Stagg asked the Minister for Arts, Sport and Tourism if he will reconsider his decision not to proceed with a new round of grants under the local authority swimming pool programme in 2009. [14945/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): It is not intended to launch a new round of the Local Authority Swimming Pool Programme at this time. The matter will be reviewed again later this year.

Grant Payments. 96. Deputy Ruairı´ Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if he is planning to support and fund 50% of the cost of building a new facility for a college (details supplied) in County Galway; and if he will make a statement on the matter. [14970/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): My Depart- ment has received correspondence from the college referred to by the Deputy in relation to development of a new facility. The college has been asked to submit a formal application for assistance under my Department’s Scheme for Community and Recreational Facilities in the Gaeltacht. Upon receipt of a completed application, my Department will proceed to examine it in the normal way, having regard to the conditions of the scheme and taking into consider- ation the funding available to my Department for such projects.

97. Deputy Frank Feighan asked the Minister for Community, Rural and Gaeltacht Affairs if financial help will be made available to community groups which must have professional audit accounts available when applying for grants which is placing community groups under financial pressure; and if he will recommend a less expensive way of providing means when providing accounts with applications. [15015/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Deputy will be aware that community and voluntary organisation are subject to the same compliance requirements under Company Law and other relevant legislation as other private and commer- cial organisations. Depending on the nature of the funds granted, community groups applying for grants are required to provide some evidence of their financial affairs either by the sub- mission of simple statements of income and expenditure for smaller organisations where the level of grant is low, or audited financial statements where the grant is significant and the beneficiary is a registered as company or co-operative. As a general rule, my Department has taken the opportunity to ensure that the financial reporting requirements are proportionate to the level and nature of grant assistance and that the accountability and reporting obligations required by this House are met to a satisfactory level. As with all our programmes and schemes, guidance notes, operating manuals and staff support is available to groups receiving funding to assist them in complying with these require- ments. These requirements are not additional to the legislative or regulatory requirements under which such groups operate. Where the opportunity has arisen, my Department has streamlined the application and reporting requirements to ensure that additional costs are not imposed.

317 Questions— 9 April 2009. Written Answers

[Deputy E´ amon O´ Cuı´v.]

In these circumstances, I have no plans to provide additional financial support of the type suggested by the Deputy.

Community Development. 98. Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that Pobal has withdrawn its contract from an organisation (details supplied) in Dublin 12 and will cease funding of this partnership which represents an area containing three of the five most disadvantaged areas here and that this organisation was informed at a very late stage, after staff were put on protective notice, about an appeals procedure which is not set down in Pobal’s operational guidelines; if he will commit to retaining a community based partnership in this area; and if he will make a statement on the matter. [14884/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): My Department is aware of the issues and process that led to the Pobal decision to withdraw the LDSIP contract from the organisation in question. I do not see an intervention- ist role for me in the matter. My Department and Pobal are working to secure arrangements so that the area will receive the necessary resources from a range of relevant programmes.

Closed Circuit Television Systems. 99. Deputy Brendan Howlin asked the Minister for Community, Rural and Gaeltacht Affairs if funding has been allocated by his Department for the installation of a closed circuit television monitoring system in New Ross town, County Wexford; when money can be drawn down; and if he will make a statement on the matter. [14977/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within 46 designated RAPID areas nationally. As I have indi- cated to the House on a number of occasions, it is a matter for individual Departments to report on the provision of funding and progress on delivery with respect to projects under their responsibility in the RAPID areas. In support, Pobal collects data from each RAPID area in respect of funding allocations received by projects from Government Departments and local state agencies. The latest data in respect of the programme is available on Pobal’s website under the RAPID section — http://www.pobal.ie/live/RAPID — and the Deputy may find it useful to access this information. The House will be aware that I introduced the RAPID Leverage Schemes in 2004. Under these schemes, my Department tops up the funds of other Departments and agencies to provide small-scale local projects such as playgrounds, traffic measures, improved health facilities, CCTV, and top-up funds for projects promoted by sporting organisations under the Sports Capital Programme. The lead agency in relation to the project referred to in the Deputy’s question is the Depart- ment of Justice, Equality and Law Reform and it is that Department which deals directly with applications and allocations under this scheme.

Anti-Poverty Strategy. 100. Deputy Michael McGrath asked the Minister for Social and Family Affairs the amount of direct Exchequer financial support that has been provided to the Money Advice and Budget-

318 Questions— 9 April 2009. Written Answers ing Service over the past three years; and her views on whether MABS is equipped to deal with the range and volume of cases presenting in the current economic climate. [14887/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Money Advice and Budgeting Service (MABS) is the main Government funded service which provides assistance to people who are over-indebted and need help and advice in coping with debt problems. There are 53 independent companies with voluntary boards of management operating the local services throughout the country. In addition, the MABS National Telephone Helpline is avail- able from 9am to 8pm Monday to Friday at lo-call number 1890 283 438 and budgeting and money management information can be accessed 24 hours a day at www.mabs.ie. In 2008, over 16,600 new clients approached the MABS for assistance with debt difficulties and the telephone helpline dealt with almost 11,000 callers. This year 5,200 new clients have approached the service and the telephone helpline has received over 6,280 calls up to the end of March. The MABS companies operate an appointments system for meeting clients. Clients with urgent difficulties are prioritised for attention and dealt with promptly. Less urgent cases are referred to the Telephone Helpline. In 2009, almost \18 million has been provided to fund the service. The allocations for 2006, 2007 and 2008 were \16.42m, \17.67m and \17.95m respectively. The additional investment in the MABS that has been possible in recent years has strengthened the capacity of the service to deal with the increased demand for service. There are now 252 money advice staff employed throughout the country and the Telephone Helpline, introduced in December 2007 has been strengthened to provide an immediate response to clients seeking information and advice. Over 90% of callers to the Helpline find that their money management and budgeting issues can be resolved with the assistance of the helpline advisor. Some 10% of callers are referred to the local MABS for appointment. The Helpline is further assisting local services manage their appointment lists by providing an initial preliminary MABS service to clients and ongoing support while they await their appointment with their local money advisor. The money advisors throughout the country focus on providing assistance, advice and intense support to people who have financial difficulties. The money advisor works out a budget, negotiates on behalf of the client with all creditors to secure better terms for the client in managing the repayment of the debts. Where required by the client, the money advisor can assist with setting up a special account with their local Credit Union into which an agreed amount of money is lodged regularly and from which each month the money advisor makes the repayments to the creditors on behalf of the client. They provide ongoing support to people who successfully overcome their financial difficulties. Focused training programmes designed to equip money advice staff and local management boards to meet the demands on the services are provided by MABS NDL the national support company. In addition, MABS NDL has introduced a number of community education and other initiatives to assist the local services in managing their increased caseloads. These include a money management education programme for people facing redundancy to inform them about managing on a reduced income and how to avoid getting into debt. I am confident that the MABS is well equipped to provide a high quality personal service to assist people in overcoming their indebtedness and managing their finances. The MABS advises that people coping with debt difficulties should make an approach to the MABS, via any of the channels. This can be the first positive step in addressing debt difficulties.

Pension Provisions. 101. Deputy Sea´n Sherlock asked the Minister for Social and Family Affairs the average

319 Questions— 9 April 2009. Written Answers

[Deputy Sea´n Sherlock.] length of time it takes to process a claim for a contributory state pension for an Irish citizen when that citizen has previously resided in the UK; the number of applications processed for the years 2007 and 2008; the number outstanding for 2009; and if she will make a statement on the matter. [14910/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): A person who resides in Ireland, and who has previously worked in the United Kingdom, must apply to the Department for State Pension Transition or State Pension Contributory. The person’s standard Irish pension entitlement will be fully processed within 4 weeks of receipt of their claim (where all required information is available), and they are notified of the outcome. Most applicants apply in advance of reaching pension age, and currently over 90% are processed by due date of entitlement. Where previous UK employment is indicated or a UK insurance number is noted on their record a copy of the person’s pension application and full Irish insurance record (on forms E202/205) are sent to the UK authority, to have any possible entitlement to UK pension exam- ined by the Department of Works and Pension. In cases where no standard (Irish) State Pension Transition/Contributory entitlement is established, or where a reduced rate Irish pension (up to 75%) is awarded, the UK authority is additionally requested to forward the person’s UK insurance record to the Department, as the aggregation of the UK insurance record with their Irish record under EU Regulations, may enhance their pension entitlement. Once this record is received, the person’s pension claim is reviewed to ensure that they are receiving their maximum entitlement. These cases are recorded within the numbers for the overall E U Regulation so it is not possible to identify UK cases separately.

Family Support Services. 102. Deputy Paul Gogarty asked the Minister for Social and Family Affairs if there are plans to increase funding for counselling service organisations; and if she will make a statement on the matter. [14919/09]

103. Deputy Paul Gogarty asked the Minister for Social and Family Affairs the grants, finan- cial supports or other funding are available to a counselling agency (details supplied). [14920/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take questions 102 and 103 together. The Family Support Agency provides funding through a Scheme of Grants to voluntary and community organisations providing marriage and relationship counselling, marriage prep- aration courses, child counselling in relation to parental separation and bereavement coun- selling and support on the death of a family member. The focus of the scheme is on support for the voluntary sector with the development of counselling and support services in the com- munity for families, to enhance stability in family life, and to assist families and their members to deal with difficult periods which they may experience. Over \11m was made available under the Scheme for 2008 and 600 organisations received funding. Funding of over \7.8m for 29 major organisations who have been identified for multi- annual funding was announced in February. The balance of applications for funding under the 2009 Scheme have been processed and there will be a further announcement on funding, amounting to nearly \3.5m, shortly. No application for funding has been received from the

320 Questions— 9 April 2009. Written Answers organisation referred to by the Deputy. Overall, this means that funding of over \11.3m will be made available for the Scheme in 2009.

Social Welfare Benefits. 104. Deputy Paul Gogarty asked the Minister for Social and Family Affairs if there is scope for examining whether a person (details supplied) in Dublin 20 is entitled to a back to work scheme. [14967/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): According to the depart- ment’s records, the person referred to by the Deputy made an application for Jobseeker’s Benefit on 17/2/09. On the basis of the information he supplied, he did not fulfil the condition for Jobseeker’s Benefit whereby a person must be fully unemployed for at least 3 days in any period of 6 consecutive days. Consequently, he did not qualify for benefit. He does not appear to have made an application under the back to work allowance scheme. To qualify for this allowance, an application must be submitted in advance of starting work and the person must be in receipt of a qualifying payment for a specific length of time immedi- ately prior to commencing employment or self employment.

Departmental Staff. 105. Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if extra staff will be deployed to the social welfare offices in Kilbarrack and Coolock, County Dublin to cope with the increase in social welfare applications; and if she will make a statement on the matter. [14991/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Following on a review of the staffing levels in local offices due to the increased number of claims for jobseeker’s payments, an additional 2 staff were assigned to Kilbarrack Local Office and 3 staff to the Coolock office. Coolock Local Office was the parent office for Balbriggan Branch Office up to the time the office closed in late 2008 following the retirement of the Branch Manager. The Department is planning to open a local office in Balbriggan and is working with Office of Public Works to acquire suitable accommodation. An additional 9 staff have been assigned to the Coolock office to deal with the Balbriggan claims as an interim measure until the new office is opened. It is recognised that the provision of additional staff in itself will not deal with the rising claim load. Since early 2008, we have been reviewing claim forms and all aspects of the work associated with claim processing with a view to streamlining wherever possible. By introducing streamlining initiatives, I am trying to ensure that people are paid as quickly as possible and the process is as easy as it can be for people claiming jobseeker payments.

Social Welfare Benefits. 106. Deputy Denis Naughten asked the Minister for Social and Family Affairs the amount paid in early child care supplement in 2006, 2007, 2008 and to the end of March 2009, respec- tively; and if she will make a statement on the matter. [15001/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Early Childcare Sup- plement was introduced in April 2006 and is administered by the Department of Social and Family Affairs on behalf of the Office of the Minister for Children and Youth Affairs. The expenditure on the Early Childcare Supplement (ECS) for 2006, was \292 million, the corre- sponding figure for 2007 was \417 million and for 2008 was \477 million. The expenditure in

321 Questions— 9 April 2009. Written Answers

[Deputy Mary Hanafin.] 2009 (to end of March) is some \74.5 million. Since January 2009 the ECS payment is monthly in arrears.

Pension Provisions. 107. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the reason there is no legal protection for the pension entitlements of a person (details supplied) in County Dublin; the further reason the Pensions Board cannot assist a person in these circumstances as confirmed by them and the Pension Ombudsman cannot help a person in these circumstances as confirmed by that office; and the action she is taking to ensure that pension entitlements of workers of a company are fully secured. [15012/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Defined benefit (DB) pen- sion schemes such as the scheme to which the Deputy is referring are required to comply with the Funding Standard provisions set out in the Pensions Act. This requires DB pension schemes to maintain sufficient assets to enable them discharge all accrued liabilities. Where schemes do not satisfy the Funding Standard, the sponsors/trustees must submit a funding proposal to the Pensions Board to restore full funding within an agreed timescale (minimum of 3 years). Where a DB scheme wind-ups on the insolvency of its employer, the order in which the liabilities of the scheme are discharged is also determined by the provisions of the Pensions Act. Simply put, the priority order is as follows:

• Firstly, any benefits secured by members by way of additional voluntary contributions;

• Secondly, future benefits to those scheme members who are already in receipt of a pen- sion or have reached normal retirement age;

• Thirdly, benefits to current employees who are members of the pension scheme and former employees with entitlement to preserved benefits;

• Finally, any subsequent benefits not yet discharged.

The Pensions Act does not impose an obligation on employers of DB schemes to make up any shortfalls that may arise in their pension funds. However, employers have been willing to contribute towards such shortfalls. My Department, together with the Pensions Board, will continue to monitor the situation in relation to the underfunding of DB schemes. The Pensions Board and the Pensions Ombudsman’s office work to ensure that all legal and administrative obligations are carried out by individual schemes, their employers and trustees. They can, and do, pursue such cases where companies renege on these obligations. As I have previously mentioned, the Government is conscious of the pressures on employers and scheme trustees, arising from the very significant losses incurred by pension funds over the last year and from economic conditions generally. It is Government policy to support the continuation of DB schemes, where possible. The recent measures announced by the Govern- ment will ease the pressure on underfunded schemes by allowing more time to recover losses. In addition, the Government is currently considering a number of options in relation to the ongoing security of occupational pensions. Any decisions in this regard will be made in the context of the National Pensions Framework which will be finalised shortly.

322 Questions— 9 April 2009. Written Answers

Social Welfare Code. 108. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the steps she is taking to ensure that persons with high monthly mortgage repayments such as a person (details supplied) in Dublin 5 are not better off by remaining on the live register rather than working as a result of the way in which the means testing of jobseeker’s allowance and mort- gage interest supplement currently operates. [15051/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the department by the community welfare division of the Health Service Executive. Mortgage interest supplement provides short-term support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. The Executive has advised that the person concerned has made an application for mortgage interest supplement. Further information has been sought from the person concerned in order to process his application. The Executive has further advised that a decision will be made on the application when the requested information has been provided. Mortgage interest supplements are normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of SWA appropriate to their family circumstances less a minimum contribution, currently \18, which recipients are required to pay from their own resources. Many recipients pay more than \18 because they are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs. In order to qualify for mortgage interest supplement, a person must satisfy a number of statutory qualifying conditions. Claims are determined on the basis of the merits of each indi- vidual case and in accordance with all of the statutory qualifying conditions. One of the statu- tory qualifying conditions is that the claimant or his or her spouse is not engaged in remunerat- ive full-time work. Section 198(6) of the Social Welfare Consolidation Act, 2005 refers. Article (6)(3) of the Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (S.I. No. 412 of 2007) provides “a person shall be regarded as being engaged in remunerat- ive full-time work where he or she is so engaged for not less than 30 hours per week.” Under Section 196(2) of the Social Welfare Consolidation Act 2005, where a person and his/her spouse are members of the same household, “their needs and means shall be aggregated and shall be regarded as the means and needs of the claimant.” In these circumstances, the income of an applicant for mortgage interest supplement and his or her spouse is taken into account when assessing means. The assessment for the existing mortgage interest supplement scheme provides for a gradual withdrawal of payment as hours of employment or earnings increase. Those availing of part- time employment and/or training opportunities can continue to receive mortgage interest sup- plement subject to their satisfying the standard means assessment rules. Since June 2007, where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first \75 of such additional income together with 25% of any additional income above \75 is disregarded for means assessment purposes. This ensures that those engaging in part-time work or participating in training schemes are better off as a result of taking up such an opportunity. In view of the current economic environment, the Department has commenced a review of the administration of the mortgage interest supplement scheme. The main purpose of the

323 Questions— 9 April 2009. Written Answers

[Deputy Mary Hanafin.] review is to consider how the mortgage interest supplement scheme can best meet its objective of catering for those who require assistance on a short-term basis, where they are unable to meet mortgage interest repayments on their sole place of residence. Legislative and operational issues arising in the existing mortgage interest scheme, including the cap on hours of employ- ment, are also being examined as part of this review.

Social Welfare Appeals. 109. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position in relation to an application for jobseeker’s allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15059/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The claim for jobseeker’s allowance, by the person concerned, was refused by a Deciding Officer of the Department on 16 February 2009 on the grounds that she did not satisfy the Habitual Residence conditions. An appeal was opened on 3 March 2009 and, I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. On receipt of the response the case will be referred to an Appeals Officer for early con- sideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits. 110. Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs the extent of medical examinations by medical assessors of applicants for disability allowance bearing in mind the experience of a person (details supplied) in County Cork; and if she will make a statement on the matter. [15083/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Medical Review and Assessment system is the principal control mechanism for all illness and disability schemes administered by the Department of Social and Family Affairs. Medical Assessors carry out desk assessments of medical evidence/reports supplied by customers and where required, conduct in person assessments in order to provide a second medical opinion for the guidance of Deciding and Appeals Officers. All assessments are carried out in accordance with the accepted guide- lines of the Irish Medical Council. All applications for Disability Allowance have to be examined by Medical Assessors to determine if they satisfy the medical conditions applying to the scheme. This assessment is based on the medical evidence contained in the application form completed by the applicant’s GP. The Medical Assessor may decide on the basis of the medical evidence in the application that the applicant meets the medical conditions for Disability Allowance or that further medical evidence is required or that the applicant should attend for an in person assessment. In order to satisfy the medical criteria for Disability Allowance a person must by reason of a specified disability be substantially restricted in undertaking employment of a kind which, if the person was not suffering from that disability, would be suited to the person’s age, experi- ence and qualifications. A person may be regarded as being substantially restricted in undertaking suitable employ- ment where he or she suffers from an injury, disease, congenital deformity or physical or mental

324 Questions— 9 April 2009. Written Answers illness which has continued or, in the opinion of a deciding officer or an appeals officer, may reasonably expect to continue for a period of at least 1 year. In the case, referred to by the Deputy, the medical part of the application form was com- pleted by the customer’s GP on 12 November 2008 who agreed that his patient was fit to attend a medical examination, if required. On examination of the application the Medical Assessor expressed the opinion that a medical examination was required and this was arranged for 13 January 2009. In carrying out the medical assessment on 13 January 2009 the Medical Assessor reviewed the customer’s medical history and considered all available medical evidence. She conducted a relevant clinical examination and following this, expressed the opinion that the person con- cerned did not satisfy the medical criteria for receipt of Disability Allowance as the customer’s condition was unlikely to last for a year. Following an appeal, the person concerned was called for a second medical assessment and was examined by a different Medical Assessor on 25 March 2009. This Medical Assessor also expressed the opinion that the customer’s condition was unlikely to last for a year. Both assessments were conducted in a fair, equitable, impartial and independent manner to the highest standards in accordance with accepted medical practice and ethics and were submit- ted to the Department’s Chief Medical Adviser for approval. Every effort has been made to ensure that the interests of the customer concerned were fully safeguarded and all procedures were carried out correctly and in accordance with the Irish Medical Council guidelines. This case is now being dealt with by the Appeals Office which in its decisions acts indepen- dently of the Department of Social and Family Affairs. The Social Welfare appeals system is designed to ensure every appellant’s case gets full and satisfactory consideration.

Homeless Services. 111. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the breakdown of the way the allocated 5% increase in expenditure for homeless services as outlined in budget 2009 will be spent; the organisations which will receive this increase in funding; the portion of this increase which will go to front-line services; and if he will make a statement on the matter. [14915/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department is responsible for funding accommodation and related costs of adult homeless services and the Health Services Executive is responsible for funding care related costs. Definitive allocations have not yet been issued by my Department for 2009. Housing authorities have been advised, however, of the need to prioritise front line services in the deployment of resources and of the need to prioritise resources towards pro- gressing the key strategic objectives of the Government’s homeless strategy, The Way Home, particularly the provision of suitable accommodation and necessary support to end long-term occupation of emergency homeless facilities.

Planning Issues. 112. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the revenue which is raised on an annual basis from planning submission fees, broken down by category; and if he will make a statement on the matter. [14918/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The amount collected by planning authorities (based on returns made to my Department) for

325 Questions— 9 April 2009. Written Answers

[Deputy John Gormley.] submissions and observations on planning applications, from 2004 to 2007, is set out in the following table. The data received in my Department are not broken down into different categ- ories of planning application. Fees collected by planning authorities for submissions and obser- vations on planning applications.

Area 2004 2005 2006 2007

\\\\

Carlow 6,980 8,080 9,481 8,440 Cavan 9,140 8,690 10,480 9,220 Clare 13,128 16,330 46,056 53,599 Cork 19,693 54,362 63,560 61,320 Donegal 18,680 21,364 26,580 23,575 Dun Laoghaire — Rathdown 71,674 63,298 84,804 119,840 Fingal 37,325 51,508 47,720 28,720 Galway 20,020 18,580 20,725 19,620 Kerry 21,580 35,700 31,000 21,855 Kildare 30,800 30,224 32,681 36,400 Kilkenny 8,900 15,549 15,085 13,737 Laois 6,750 7,870 6,300 14,200 Leitrim 3,280 4,064 2,300 4,980 Limerick 14,048 5,800 19,278 23,424 Longford 2,960 5,620 12,106 4,996 Louth 14,711 17,228 23,993 26,817 Mayo 20,620 12,190 14,120 42,779 Meath 33,942 36,625 26,196 47,033 Monaghan 3,680 5,480 6,760 5,620 Offaly 9,980 5,480 10,400 14,180 Roscommon 9,800 10,280 6,345 6,200 Sligo 4,080 7,400 9,760 10,920 South Dublin 30,680 35,498 21,224 28,873 Tipperary North 6,761 3,403 10,432 9,400 Tipperary South 8,548 12,080 23,190 31,787 Waterford 10,780 11,225 18,640 12,740 Westmeath 9,318 12,062 12,775 9,340 Wexford 19,103 24,944 22,540 21,500 Wicklow 25,511 25,335 31,940 30,020 Cork City Council 17,055 26,600 22,180 27,280 Dublin City Council 69,702 106,880 106,747 108,303 Galway City Council 7,770 11,545 10,920 11,460 Limerick City Council 4,900 5,800 6,395 4,340 Waterford City Council 5,880 4,920 18,040 4,880

Total 597,779 722,014 830,752 897,398

Local Government Reform. 113. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when he will publish the White Paper on Local Government Reform. [14931/09] 326 Questions— 9 April 2009. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am currently finalising the content of the White Paper on Local Government, for Government consideration and subsequent publication.

Water and Sewerage Schemes. 114. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he has received contract documents for the Castlewarden to Ballygoran water supply scheme in County Kildare. [14944/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 1117 of 27 January 2009. The position is unchanged.

Anti-Social Behaviour. 115. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the responsibilities the local authorities have when tenants of social housing are being violent, anti-social, and intimidating persons in their neighbourhood; if they are required to take action on such a matter; and if he will make a statement on the matter. [14968/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Housing (Miscellaneous Provisions) Act, 1997 sets out the powers available to housing authorities and, where appropriate, approved housing bodies to deal with anti-social behaviour in their housing stock. The exercise of these powers in individual cases is a matter for the relevant authority or housing body to decide. Under Section 34 of the Housing (Miscellaneous Provisions) Bill 2008 it is proposed that each authority be required to draw up and adopt an anti-social behaviour strategy and I am examining the scope for commit- tee stage amendments to the Bill that will further extend the powers of housing authorities and approved bodies in this area. Actions of a criminal nature by individuals are, in the first instance, a matter for An Garda Sı´ocha´na.

Water and Sewerage Schemes. 116. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government the status of the proposed new water and sewerage treatment plant for Magher- anan, Letterkenny, County Donegal; and if he will make a statement on the matter. [14980/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Letterkenny Sewerage Scheme is included for funding in my Department’s Water Services Investment Programme 2007-09. I approved Donegal County Council’s tender documents for the wastewater and sludge treat- ment elements of the scheme in April 2008 and my Department is now awaiting submission of the Council’s tender recommendation.

Legislative Programme. 117. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if his Department has completed its list of amendments to the Housing (Miscellaneous Provisions) Bill 2008; and if he will make a statement on the matter. [15013/09]

327 Questions— 9 April 2009. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Work is continuing on a number of substantive amendments to the Housing (Miscellaneous Provisions) Bill 2008 which I hope to table at Committee Stage in the Dail. These include provisions in relation to the tenant purchase of apartments; amend- ments to provide a statutory basis for the making of homelessness action plans; and provisions for a new affordable homes purchase scheme. I am also looking at the scope for further changes to existing anti-social behaviour legislation that will enhance the role of housing authorities in this area. Finally, there will be a number of less substantive amendments together with the standard housekeeping and consequential amendments. All of the Government’s proposed amendments will be published, in the normal way, in advance of Committee Stage.

Local Authority Housing. 118. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the action he will take in view of the fact that in excess of 4,000 vacant houses under the affordable housing scheme may by in the possession of local authorities; and if he will make a statement on the matter. [15014/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Information from local authorities indicates that the number of affordable units on hands nationally is now in the region of 3,700 units. Many of these are already in process of sale or will be sold in the coming months. In light of analysis by the Affordable Homes Partnership and engagement with local auth- orities, a circular has now issued to authorities setting out guidance in relation to the stock of affordable homes, highlighting the need for effective action to achieve early sale of units to eligible affordable purchasers, with particular emphasis on effective marketing and sales. Local authority annuity loan limits are being increased to \220,000 to assist relevant purchasers in the current market, where private finance has become more difficult to access. In tandem with the focus on sales, authorities are being asked to evaluate all options available to them and the circular sets out possible alternative options to bring into use any affordable units which may not be possible to sell to affordable purchasers at this time. These options include Transfer of affordable properties to the Rental Accommodation Scheme for a period; Sale to local authority tenants under the Incremental Purchase Scheme; Use of affordable properties for a period as a social housing support under a leasing arrangement where appropriate. My Department will continue to monitor and support local authorities’ work to address these challenging issues, and will adapt and develop the approaches involved as necessary in the evolving housing market and economic climate.

Register of Electors. 119. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will clarify the position whereby people who are registered on the register of electors in a certain location and who have moved over the past month or two to a different location and who wish to re-register for voting in this new area are permitted to do so under the electoral law; the position pertaining to the foregoing scenario; and if he will make a statement on the matter. [15052/09]

328 Questions— 9 April 2009. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In law, the preparation of the Register of Electors is a matter for each local registration authority. Under section 15 of the Electoral Act 1992, as amended by section 6 of the Electoral (Amendment) Act 2001, a person who is on the Register of Electors and moves residence from one constituency or local electoral area to another can apply for entry in the Supplement to the Register at their new address, provided they have authorised the registration authority to delete their name from the Register in respect of their previous address. The relevant application form (RFA 3) is available from registration authorities or can be downloaded at www.checktheregister.ie. Individuals not on the Register, or who have moved address as set out above, can avail of the Supplement up until 15 days before the next polling day, i.e. Monday 18 May in the case of the Local and European elections being held on 5 June 2009.

Housing Statistics. 120. Deputy Ro´ isı´n Shortall asked the Minister for the Environment, Heritage and Local Government if statistics are held by his Department on the number and percentage of current household mortgages that are fixed, variable and split; and if he will provide these figures. [15081/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department collates and publishes a wide range of housing statistics that inform the preparation and evaluation of housing policy. Among the areas of activity covered are statistics on:

• the delivery of various social and affordable housing supports,

• housing construction activity,

• inspections in the private rented sector,

• house prices and lending activity.

My Department collates data, on the basis of returns from the financial institutions, on mort- gage approvals and these data are broken down into fixed and variable mortgage subsets. Information regarding split mortgages is not collated. The data collated pertaining to mortgages paid are not broken down into fixed, variable or split analyses. The full range of data compiled can be viewed on my Department’s website, www.environ.ie.

Home Energy Saving Scheme. 121. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources his views on the exclusion of persons on low incomes from the home energy saving scheme; the reason there is a minimum requirement that the grant amount in the first appli- cation must be \500 or greater; if his attention has been drawn to the fact that this excludes those who only require a cavity wall insulation; and if he will make a statement on the matter. [14894/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): It is important to ensure a proper balance between value for money in relation to the cost of the investment in delivering energy efficiency savings measures and the value of those energy

329 Questions— 9 April 2009. Written Answers

[Deputy Eamon Ryan.] savings to the economy. SEI has put in place a requirement that applicants to the scheme install measures attracting a minimum grant payment of \500. The administrative cost of disbursing grants for relatively low cost measures below this threshold such as attic insulation or cavity wall insulation would be disproportionately high. In this context, the administrative cost for Sustainable Energy Ireland (SEI) of processing grants under the Home Energy Saving Scheme is relatively fixed, regardless of the amount of the grant payment concerned. SEI has worked to keep administrative costs of the Scheme to a minimum. In regard to those on low incomes, it is the case, that \20 million has been provided to the Warmer Homes Scheme for 2009, a substantial increase on previous years. The Warmer Homes Scheme is specifically targeted at low income households. This scheme provides for the instal- lation of a range of energy efficiency measures, including cavity wall insulation, attic insulation, boiler lagging jackets, draught proofing measures and Compact Fluorescent Lamps (CFLs). Advice is also provided to householders on minimising energy use. The scheme provides these measures free or at a nominal cost to the householder. The Warmer Homes Scheme is expected to support energy efficiency interventions in up to 15,000 low income homes in this year alone. Further information on the Warmer Homes Scheme is available by calling 1800-250204, by emailing [email protected] or at www.sei.ie/Grants/Warmer—Homes—Scheme.

Telecommunications Services. 122. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources his views on directing State agencies and Departments to use both a lo-call number and local number for members of the public to phone in view of the fact that many people have free national calls which would be more cost efficient than calling the lo-call number; and if he will make a statement on the matter. [14895/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have no function in setting policy in this area across the public sector. My Department uses both a lo-call number and local number for members of the public. These numbers are published on the Department’s website. The use of a lo-call number is appropriate for persons who do not have access to free national call services and it affords considerable savings to such persons and is, accordingly, current best practice in customer relations. Persons who have an entitlement to free national calls can of course ring the main Department number for free. The telephone contact services of the State Agencies under the aegis of my Department are a day-to-day operational issue for these agencies and I have no function in that regard.

Alternative Energy Projects. 123. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the reason there is no retrospective payments of grants for micro-wind turbines; his views on whether this is unfair on persons who have recently invested in this initiative prior to the introduction of this grant scheme; the reason he is incentivising the erection of additional micro-wind turbines for research purposes and excluding the research possibilities from the existing turbines; the estimated cost of this grant scheme; and if he will make a statement on the matter. [14896/09]

330 Questions— 9 April 2009. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The micro scale generation programme, recently launched by Sustainable Energy Ireland, is assessing technical, financial and regulatory issues surrounding the deployment of small and micro generation technologies. The programme includes the future monitoring of suppliers and installers in supplying, constructing and commissioning new projects. It is not practical there- fore to include projects commenced prior to the programme. It is expected the programme will support the construction of 50 projects, approximately, in a variety of technologies in diverse geographic regions from a budget of up to \2 million. Individuals can also avail of payment for electricity exported to the grid by micro-generators at a rate of up to 19 cent per Kilowatt hour. Individuals who have already installed micro generation can also avail of this tariff once they have an approved ESB meter fitted. The meter will be fitted free of charge by ESB Networks.

124. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the position regarding offshore wind projects which are currently outside the gate three process; his views on whether offshore wind projects with a potential of 1GW would make a significant impact on the 2020 target; the criteria for inclusion in the consultation process for grid application; his position on offshore wind projects; the number of applications awaiting grid connection; and if he will make a statement on the matter. [14906/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Appli- cations for grid connections are made to ESB Networks and/or Eirgrid in the first instance. Data on grid connections has been published by the Commission for Energy Regulation (CER) as part of its consultation process on grid connections and additional information is published from time to time by Eirgrid. CER and Eirgrid have calculated that 5,800 megawatts (MWs) of renewable capacity is required to achieve the 40% target in 2020. The latest figures from Eirgrid and CER show that there are currently over 1,300 MW of renewable capacity already connected to the system with a further 1,500 MW with a signed connection agreement or in the final stages of agreeing one. The recent CER decision on the “Gate 3” Round provides for connection offers for 3,900 MWs of additional renewable capacity. This Gate 3 process includes some 785MW of offshore wind capacity. Figures from CER indicate that there are in the region of 7,000 MW of further applications. There is currently no breakdown of the technologies in this latter group available. A contribution of 1000 MWs in any one renewable technology, which the onshore wind category has already surpassed, is a significant contribution to the overall capacity requirement. Ongoing discussion with representatives of the offshore wind sector indicates that the sector has the potential to make an increasing contribution to targets from around 2012 onwards.

Telecommunications Services. 125. Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if the 3G internet service offered by a company (details supplied) in the proposed national broadband scheme is included as a broadband internet service to the OECD’s broad- band statistics. [15028/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Mobile network operators first launched mobile broadband services in European countries in 2007. Since its launch in Ireland in Quarter 2 2007, the demand for mobile broadband services has been growing steadily. The latest figures from the Commission for Communications Regulation

331 Questions— 9 April 2009. Written Answers

[Deputy Eamon Ryan.] show that over 25% of Irish broadband subscriptions are mobile subscriptions. The take up of mobile broadband in Ireland is well ahead of the EU-27 average. Because mobile broadband is a relatively recent development the OECD does not yet include mobile broadband subscriptions in its periodic reports. However, the matter has been discussed at recent OECD meetings and the need to include wireless data, which encompasses mobile subscriptions, in future reports is accepted. While the finer details of how best to include and report the data needs to agreed, future OECD reports will include data on mobile broad- band subscriptions.

126. Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources the information available on the national selection process for the national broad- band scheme. [15029/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): On 2 May 2007, my Department commenced the tender process for the National Broadband Scheme using the Competitive Dialogue Procurement procedure as set out in the European Communi- ties (Award of Public Authorities’ Contracts) Regulations 2006, which implemented Directive 2004/18/EC. The process comprised of a number of significant stages:

• Prior Indicative Notice (PIN) was published on 30 January 2007 on the etenders website. = The full notice is available at www.e-tenders.gov.ie/search/show/search—view.aspx?ID JAN076137.

• Contract Notice was published on etenders website on 2 May 2007. The notice is available = at www.etenders.gov.ie/Search/Search—Switch.aspx?ID 49185.

• By 5 July 2007, my Department had received 11 compliant responses to the first stage of the procurement process, the Pre Qualification Questionnaire. Following the evaluation of these responses, four candidates pre-qualified to enter the next phase of the procure- ment process. The four candidates were: BT Communications Ireland Ltd Consortium, Eircom Ltd, Hutchison 3G Ireland Ltd and IFA/Motorola Consortium.

• Invitation to Participate in Competitive Dialogue (ITPCD) and Revised Invitation to Participate in Competitive Dialogue (RITPCD) — the pre-qualified candidates were then invited to participate in the competitive dialogue process and to present their proposed solutions to meet my Department’s initial requirements for the delivery of broadband to unserved areas of the country (ITPCD). Following this initial response and subsequent dialogue with candidates, the initial requirements and the initial contract evolved and a revised solution was requested as part of RITPCD. At each of these phases, detailed technical, commercial and contract discussions took place with the remaining candidates following my Department’s evaluation of the responses.

• The finalised Invitation to Tender (ITT) documentation was issued on 25 August 2008 to the remaining candidates, Eircom Ltd and Hutchison 3G Ireland Ltd. IFA/Motorola Consortium and BT Communications Ireland Ltd Consortium withdrew from the process before the ITT issued.

332 Questions— 9 April 2009. Written Answers

Two bids were received on 6 October 2008 and following evaluation, the preferred bidder, Hutchison 3G Ireland Ltd was selected on 25 November 2008. My Department entered into the contract with Hutchison 3G Ireland Ltd for the delivery of the National Broadband Scheme on 23 December 2008. Further details regarding the award of the contract were published in the Contract Award Notice which is available at: = www.e-tenders.gov.ie/search/show/search—view.aspx?ID JAN113140 . Information relating to the National Broadband Scheme can also be found on my Depart- ment’s website at www.dcenr.gov.ie/Communications/Communications+Development.htm .

Animal Welfare. 127. Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food the steps taken to ensure the welfare of circus animals. [14897/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Primary responsibility for issues relating to the safety and welfare of circus animals lie with the owner or keeper of such animals. The Protection of Animals Acts 1911 and 1965 is the principal legislation govern- ing the welfare of all animals in this country and this legislation is enforced by An Garda Sı´ocha´na. While my Department’s responsibility in the area of animal welfare currently extends to farmed animals only, the new Animal Health and Welfare Bill, currently being drafted gives effect to a number of animal health and welfare commitments contained in the Programme for Government including a commitment for the consolidation of responsibility for the welfare of all animals within my Department.

On-farm Investment Schemes. 128. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food if all applications received under the farm improvement scheme prior to its suspension on 31 October 2007 will be processed and if approved, qualify for payment; and if he will make a statement on the matter. [14965/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The 12,675 appli- cations received by my Department under the Farm Improvement Scheme prior to its suspen- sion for new applications on 31 October 2007 are being processed up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016.

Grant Payments. 129. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Westmeath will receive payment under the farm waste management grant scheme in respect of a slatted shed; and if he will make a statement on the matter. [14995/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named is an applicant for grant-aid under the Farm Waste Management Scheme. My Department is currently examining the application and a decision will be made as soon as possible.

130. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 204 of 11 March, 2009, if he will confirm when payment will issue; and if he will make a statement on the matter. [15032/09]

333 Questions— 9 April 2009. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment of the first instalment of the Farm Waste Management grant issued to the person concerned on 19 March 2009.

Schools Building Projects. 131. Deputy Pa´draic McCormack asked the Minister for Education and Science the position regarding the extension to a school (details supplied) in County Galway; and if he will make a statement on the matter. [14898/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm to the Deputy that my Department is in receipt of an application for large scale capital funding from the school to which he refers. It has been assessed in accordance with the published prioritisation criteria of my Department and assigned a Band rating of 2.5. As the Deputy will be aware, in February, I announced details of 43 major building projects to proceed to tender and construction and 25 high priority projects to commence architectural planning. The project to which the Deputy refers was not included in this announcement. Therefore, it is unlikely that it will be progressed in 2009. The progression of all large scale building projects, including the project in question, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

132. Deputy Pa´draic McCormack asked the Minister for Education and Science the position regarding the extension to a school (details supplied) in County Galway; and if he will make a statement on the matter. [14899/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The proposed building project for the school to which the Deputy refers is currently awaiting the appointment of a Design Team. As the Deputy will be aware, in February, I announced details of 43 major building projects to proceed to tender and construction and 25 high priority projects to commence architectural planning. The project to which the Deputy refers was not included in this announcement. Therefore, it is unlikely that it will be progressed in 2009. The progression of all large scale building projects, including the project in question, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

133. Deputy Michael D’Arcy asked the Minister for Education and Science if a company which was contracted by the State to build two new primary schools in Gorey, County Wexford which engaged sub-contractors who left local businesses without substantial payment for goods and services should be considered for any more Government contracts; and if he will make a statement on the matter. [14907/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A school building project is a complex arrangement of contractual relationships between the client, the main contractor,

334 Questions— 9 April 2009. Written Answers specialist sub-contractors, domestic sub-contractors, suppliers of materials, suppliers of plant etc. In general all sub-contractors employed on school building projects are employed directly by the Main Contractor or indirectly by the Main Contractor through other sub-contractors. It is a matter for all sub-contractors to agree terms and conditions and a schedule of payments with the Main Contractor as their direct employer. It is unreasonable to expect any company within the chain to be held to account for issues relating to one of the other companies for which it has no direct control of. The company to which the Deputy refers is not in breach of any rules or regulations governing public procurement. As such it is open to this company to tender for any future public works contracts.

134. Deputy Emmet Stagg asked the Minister for Education and Science if he has awarded the contract for the construction of the new national school in Kill, County Kildare; and, if not, the reason for same. [14927/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Following an initial pre-qualifi- cation process, ten contractors were invited to tender and seven valid tenders were returned for the new school in Kill, Co Kildare. The valid tenders are currently being examined and subject to the necessary technical and financial approvals, it is expected that I will be in a position to place a contract in the near future.

135. Deputy Emmet Stagg asked the Minister for Education and Science the number of tenders received for the required extension to a school (details supplied) in County Kildare; if a contract has been awarded; and, if not, the reason for same. [14929/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers is one of projects announced in September 2008 to be re-tendered with a view to going on site as soon as possible. For this project to go to construction it needs to be re-tendered under the new Department of Finance form of contract for public capital projects. The project has been pre-qualified and it is expected to go to tender shortly. The Tendering Authority will be the Board of Management and it will be a public tender process in the normal way. My Department has been in contact with the school authority in this regard and is providing ongoing advice and assistance.

136. Deputy Emmet Stagg asked the Minister for Education and Science further to Parliamentary Question No. 1623 of 27 January 2009, the amount of funding available for the purchase of sites for new national schools in 2009; and if he will purchase a site for the perma- nent school building for a school (details supplied) in County Kildare in 2009. [14937/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy may be aware the School Building and Modernisation Programme is generally divided into a number of com- ponents or sub-programmes. These include Large-Scale Building Projects (new school buildings and major extensions/refurbishments); Devolved Schemes, Emergency Works; Site Acquis- itions; Remediation programmes (asbestos removal, radon mitigation); the provision of Tem- porary Accommodation; Furniture and Equipment grants and the Minor Works Grant. The Deputy will appreciate that the level of funding available for site acquisitions is commercially sensitive and in the circumstances I am not in a position to disclose same, as the release of such information may prejudice future and ongoing negotiations. I take it that the Deputy is referring to the same school as in Question No. 1623 of 27 January 2009. The acquisition of the site for this school will be considered in the context of the capital

335 Questions— 9 April 2009. Written Answers

[Deputy Batt O’Keeffe.] budget available to the Department for school buildings generally. In light of the many compet- ing demands on the capital budget it is not possible to give an indicative time frame for the acquisition of the school site at this time.

137. Deputy Emmet Stagg asked the Minister for Education and Science if a school project (details supplied) in County Kildare will proceed to tender and construction in 2009. [14938/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers was included in my announcement on 12 February of forty three major school building projects which are to progress to tender and construction this year. The project is currently at an early stage of architectural planning.

138. Deputy Emmet Stagg asked the Minister for Education and Science if a school project (details supplied) in County Kildare will proceed to construction in 2009. [14939/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers was included in my announcement on 12 February of forty three major school building projects which are to progress to tender and construction this year. The project is currently at an advanced stage of architectural planning.

139. Deputy Emmet Stagg asked the Minister for Education and Science if the required extension to a school (details supplied) in County Kildare will proceed to construction in 2009. [14940/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers was included in my announcement on 12 February of forty three major school building projects which are to progress to tender and construction this year. The project is currently at an advanced stage of architectural planning.

140. Deputy Emmet Stagg asked the Minister for Education and Science if the required extension to a school (details supplied) in County Kildare will proceed to construction in 2009. [14941/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers was included in my announcement on 12 February of forty three major school building projects which are to progress to tender and construction this year. The project is currently at an advanced stage of architectural planning.

School Accommodation. 141. Deputy Emmet Stagg asked the Minister for Education and Science if the grant of \360,000 to the board of management of a school (details supplied) in County Kildare for the provision of three permanent classrooms is available. [14942/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The grant referred to by the Deputy is still available to the school in question. A letter in the matter issued to the school recently.

336 Questions— 9 April 2009. Written Answers

Schools Building Projects. 142. Deputy Emmet Stagg asked the Minister for Education and Science if he will sanction the appointment of a design team for the required extension to a school (details supplied) in County Kildare. [14943/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm to the Deputy that my Department is in receipt of an application for large scale capital funding from the school to which he refers. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Building Projects. 143. Deputy Emmet Stagg asked the Minister for Education and Science, further to Parliamentary Question No. 1630 of 27 January 2009, the building projects in County Kildare in respect of new schools and additional classroom accommodation for both primary and post- primary schools which at present have not been cleared for funding; the stage each project is at; the requirements in terms of additional classrooms required for each project; and if he will make a statement on the matter [14946/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The information on major school building projects in County Kildare sought by the Deputy is included in the following tables. Of the projects in architectural planning listed in Table 1, those at stage 2 and 3 have all been approved to progress to tender and construction this year. The three projects at stage 1 are currently in the very early stages of architectural planning and further progress will depend on the availability of funding. Table 2 provides the details on all schools in County Kildare which have applications with my Department for major capital works. The Forward Planning Section of my Department is currently identifying the areas throughout the country where significant additional accom- modation will be required at primary and post primary level in the medium to long term. Factors under consideration include population growth, demographic trends, current and pro- jected enrolment, recent and planned housing developments and capacity of existing schools to meet demand for places. The accommodation needs at these schools will be considered both within this context and in the context of my Department’s multi-annual School Building and Modernisation Programme.

Table 1: Major Projects in Architectural Planning

RN School Stage Project Type Brief

09414C St. Laurence’s NS, Crookstown 1 New School 20 classroom school 18018S Bunscoil Bhride NS, Rathangan 1 Extension/Refurbishment 16 classroom school 18988G St. Raphael’s Special Sch, Celbridge, 1 New School 9 classroom school Co Kildare 17674B SN Aine Naofa, Ard Cloc, Straffan 2 New School 16 Classroom school 18654A Caragh NS, Naas 2 Extension/Refurbishment 15 classroom extension 11976K Scoil Choca Naofa, Kilcock, Co. 3 Extension/Refurbishment 11 classroom extension Kildare

337 Questions— 9 April 2009. Written Answers

[Deputy Batt O’Keeffe.]

RN School Stage Project Type Brief

13350B Scoil Bhride, Athgarvan 3 Extension/Refurbishment 4 Classroom extension 16345A Scoil Bhride, Nurney, Co. Kildare 3 New School 8 classroom school 17662R Scoil Bhride Kill NS 3 New School 32 classroom school 20023A Gaelscoil Chill Dara 3 Extension/Refurbishment 5 classroom extension 20058T Sc Uı´ Fhiach, Maynooth 3 New School 16 classroom school 20114D Scoil Brid, Naas 3 Extension/Refurbishment 8 Classroom extension 20177E Newbridge Educate Together 3 Extension/Refurbishment 16 classroom school 20192A Scoil Atha I´, Athy (Athy B) 3 New School 8 classroom school 20271T Scoil na Naomh Uilig, 3 New School 16 classroom school Rickardstown, Newbridge 61710C Mea´nscoil Iogna´id Ris, Naas 3 Extension/Refurbishment Extension of 3,105m2 and associated works for a school with an LTPE of 1,000

Table 2: Applications for major capital works from schools in Kildare

RN School Project

06209J Athy Model School New School 11893G St. Davids Ns Dublin Road (Kildare) New School 13902O Hewetsons N S Clane (Kildare) Extension/Refurb 15040T Mercy Convent Primary School Naas (Kildare) Extension/Refurb 15040T Mercy Convent NS, Naas Extension/Refurb 15599D St. Brigids Primary School Kildare Town (Kildare) Extension/Refurb 15769C Monasterevin Convent Monasterevin (Kildare) Extension/Refurb 15870O Scoil Chonnla Phadraig Newbridge (Kildare) Extension/Refurb 15957D St. Patrick’s Boys NS, Rathangan Extension/Refurb 16302F St. Brigids N S Ballysax (Kildare) Extension/Refurb 16706G St. Josephs Bns Kilcock (Kildare) Extension/Refurb 16707I Scoil Naisiunta Naomh Pheadar Monasterevin (Kildare) New School 16817P Brannockstown N S Brannockstown (Kildare) New School 16845U Rathcoffey N S Rathcoffey (Kildare) Extension/Refurb 17254C Scoil Chorbain Naas (Kildare) Extension/Refurb 17254C St. Corban’s Primary School, Naas Extension/Refurb 17341U MaynoothBNSMaynooth (Kildare) Extension/Refurb 17341U Maynooth Boys’ NS Extension/Refurb 17872F St. Conleths And Marys N S Newbridge (Kildare) Extension/Refurb 17873H S N Connlaodh Naofa N Newbridge (Kildare) Extension/Refurb 17931S S N Brighde Ticknevin (Kildare) Extension/Refurb 17968S Ursaille Naofa Teach An Da Mhile (Kildare) New School 18063A S N Naomh Lorcain Levitstown (Kildare) Extension/Refurb 18093J S N Cloch Rinnce Cloch Rinnce (Kildare) Extension/Refurb 18130M St. Patricks Ns Johnstownbridge (Kildare) Extension/Refurb 18288B Scoil Mhichil Naofa Athy (Kildare) Extension/Refurb 18445O S N Scoil Treasa Kilshanroe (Kildare) Extension/Refurb 18449W St. Conleths N S Derrinturn (Kildare) Extension/Refurb 18644U Straffan N S Straffan (Kildare) Extension/Refurb 18650P Newtown Ns Enfield (Kildare) Extension/Refurb 18666H Tiremohan National School, Donadea, Naas, (Kildare) Extension/Refurb 19277B St. Annes Special School The Curragh (Kildare) Extension/Refurb 19675N St. Brigids N S Kilcullen (Kildare) Special Needs 19794V Scoil Mochua, Aghards, Celbridge, (Kildare) Extension/Refurb

338 Questions— 9 April 2009. Written Answers

RN School Project

19796C St. Patricks BNS, Clane Extension/Refurb 19797E Scoil Naisiunta Bhride Prosperous Road (Kildare) Extension/Refurb 20114D Scoil Brı´d Oldtown (Kildare) Extension/Refurb 20192A Gaelscoil A´ tha I´ A.F.C. Bhaile A´ tha I´ (Kildare) New School 20257C Sc Naomh Padraig, Celbridge New School 61690W Cross And Passion College Kilcullen (Kildare) Extension/Refurb 70660O Curragh Post-Primary School Mcswiney Road (Kildare) New School 70670R Colaiste Lorcain Castledermot (Kildare) Extension/Refurb 70680U St. Conleths Vocational School, Newbridge Extension/Refurb 70700A Maynooth Post Primary School Moyglare Rd (Kildare) Extension/Refurb 91371B Leixlip Community School Celbridge Road (Kildare) Extension/Refurb

School Accommodation. 144. Deputy Emmet Stagg asked the Minister for Education and Science, further to Parliamentary Question No. 1637 of 27 January 2009, if the forward planning section has com- pleted its identification process; and if a Gaelcola´iste for north Kildare is included in its recom- mendations of new schools required. [14947/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Forward Planning Section of my Department is still in the process of identifying the areas where significant additional accommodation will be required at primary and post-primary level for 2009 and onwards. Factors under consideration include population growth, demographic trends, current and pro- jected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. Having considered these factors decisions will be taken on the means by which emerging needs will be met within an area. Post-primary accommodation requirements in the North Kildare area, and any subsequent issues which may arise, such as the need for a new Gaelchola´iste will be considered in this regard.

145. Deputy Emmet Stagg asked the Minister for Education and Science his proposals to resolve the accommodation crisis at a school (details supplied) in County Kildare in view of the fact that applications for places for September 2009 are in excess of the places currently available. [14956/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm to the Deputy that my Department is in receipt of an application for large scale capital funding from the school to which he refers. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. It is open to the school authorities to apply to my Department, in the meantime, for the provision of temporary accommodation to meet its immediate accommodation needs if this is deemed necessary.

Higher Education Grants. 146. Deputy Joe McHugh asked the Minister for Education and Science if grants or scholar- 339 Questions— 9 April 2009. Written Answers

[Deputy Joe McHugh.] ships for postgraduate students will be abolished; and if he will make a statement on the matter. [14981/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department will continue to provide funding to the Irish Research Council for Science, Engineering and Technology and the Irish Research Council for Humanities and Social Sciences for the provision of PhD scholarships this year. However, due to current budgetary constraints, there will be some reduction in the numbers of awards made by the Councils in 2009 compared to last year.

Schools Building Projects. 147. Deputy Michael D. Higgins asked the Minister for Education and Science his views on the position regarding a school (details supplied); the position regarding its prospects of secur- ing funding in the next public private partnership bundle in order that it may proceed without delay to tender, full planning permission and construction stages; and if he will make a state- ment on the matter. [14986/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to confirm that my Department has recently provided funds to the Galway City Vocational Education Commit- tee to enable them to close the sale on the site for the school mentioned by the Deputy. This school is included in my Department’s PPP school building programme. Three separate bundles have been announced to date and they are progressing through the procurement process. The make up and timing of further school bundles from this programme will be determined by my Department in consultation with the National Development Finance Agency (NDFA). The issues to be considered in the timing and bundling of these schools include site availability for each school, geographical spread and the estimated total cost of the proposed school bundle.

Institutes of Technology. 148. Deputy Tom Hayes asked the Minister for Education and Science the position regarding the future location of classes and facilities of an institute (details supplied) in County Tipperary; the action taken on this project; the future plans in relation to same; and if he will make a statement on the matter. [14997/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department has recently written to the Institute referred to by the Deputy seeking a fully developed proposal regarding the proposed relocation of its campus. The matter will be examined in full when the requested detail has been provided to my Department.

Special Educational Needs. 149. Deputy Finian McGrath asked the Minister for Education and Science if he will support persons (details supplied) in Dublin 5. [15009/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I understand that the child referred to by the Deputy is enrolled in a class for pupils with a Mild General Learning Dis- ability (MGLD) which is to be suppressed this September. I wish to assure the Deputy that there will be no pupil with a special educational need who will be without access to a special needs teacher as a result of the decision to apply the normal

340 Questions— 9 April 2009. Written Answers rules which govern the appointment and retention of teachers of special classes for pupils with a mild general learning disability. These special classes which are to close pre-date the 2005 General Allocation Model of allocating additional teacher support to schools to enable them to meet the needs of pupils with MGLD as well as a number of other high incidence disabilities. All primary schools now have additional teaching support in place for this purpose. All primary schools were allocated additional teaching resources under the General Allo- cation Model to enable them support pupils with high incidence special educational needs including MGLD. Schools can decide how best to use this allocation based on the needs of the pupils. Most pupils with a MGLD are included in ordinary classes with their peers and are supported by their class teacher. The curriculum is flexible so that teachers can cater for the needs of children of different abilities. Teacher allocations to schools typically increase or decrease depending on pupil enrolment. In the case of classes for MGLD the normal pupil teacher ratio that applies is 11:1. My Depart- ment however permits schools to retain a teaching post where it has a minimum of 9 pupils in the class. This minimum was not fulfilled in the school referred to by the Deputy. Therefore, the school no longer qualifies to retain the class. When the General Allocation Model was introduced, schools with additional teachers in classes for MGLD were allowed to retain the teachers for these classes. Effectively, these schools received a double allocation. The number of these special classes has decreased since 2005 in line with falling numbers as pupils are supported through the additional teaching allo- cation provided and schools have integrated the children into age-appropriate mainstream classes. It had been decided not to actively suppress special classes pending the introduction, and bedding in, of the General Allocation Model. This Model is now working well and the decision was taken to suppress all special class posts which do not meet the minimum enrolment require- ment with effect from the next academic year. All of the other primary schools in the country who do not have classes for children with MGLD cater for these pupils from within the General Allocation Model. Pupils with a MGLD, and will continue to have access to additional teaching resources to support their education.

Schools Building Projects. 150. Deputy Frank Feighan asked the Minister for Education and Science the position regarding a school (details supplied). [15017/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The post primary school project referred to by the Deputy is included in the list of seven schools which I have approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership. This Bundle is in the pre procurement stage and my Department has completed a round of stakeholders’ meetings in each of the locations where PPP schools are to be provided. A detailed output specification and Public Sector Benchmark will be prepared and outline plan- ning permission will be sought for each location. On successful completion of this process, the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement. The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced.

341 Questions— 9 April 2009. Written Answers

School Transport. 151. Deputy Frank Feighan asked the Minister for Education and Science if he will provide an outline of the school transport boundaries in every country. [15021/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I take it that the Deputy is seeking copies of each catchment area map in the country. By way of general background information, catchment boundaries have their origins in the establishment of free post primary education in the late 1960’s. For planning purposes, the country was divided into about 300 geographic districts, each with several primary schools feeding into a post primary education centre with one or more post primary schools. The intention was that these defined districts would facilitate the orderly planning of school provision and accommodation needs. They also facilitated the provision of a nationwide school transport service, enabling children from remote areas to get to their nearest school. In view of the number of catchment area maps involved, the Deputy will understand that it would be a major logistical exercise to collate and send all of these maps to him. However, if the Deputy has a particular area in mind I will arrange to have the map forwarded to him. I also wish to advise the Deputy that my Department has commenced a Value for Money Review of the School Transport Scheme, including catchment boundaries, which is in line with the commitment in the Programme for Government. This review will be carried out as part of the 2009-2011 round of Value for Money Reviews approved by Government and, when com- pleted, will be published and submitted to the Oireachtas Select Committee on Education and Science.

Site Acquisitions. 152. Deputy Tom Hayes asked the Minister for Education and Science if a site identified for Cluain Meala has been sanctioned; if not, when it will be sanctioned; and if he will make a statement on the matter. [15080/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A site currently in the owner- ship of the Health Service Executive (HSE) is under consideration by my Department. In view of the current budgetary constraints I am not in a position to provide the Deputy with a definite date for the acquisition of a site for this school. The further consideration of the proposed site acquisition and any subsequent building project for the school will be considered in the context of my Department’s multi-annual school building and modernisation programme.

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