Seanad Éireann

Wednesday,
26 September 2018
Vol. 260 No. 4

DÍOSPÓIREACHTAÍ PARLAIMINTE
PARLIAMENTARY DEBATES

SEANAD ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe

(OFFICIAL REPORT—Unrevised)

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Business of Seanadꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 205 Commencement Matters ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 206 Water and Sewerage Schemes Fundingꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 206 Schools Building Projects Statusꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 210 School Transport Provision ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 212 Message from Dáil ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 215 Order of Business ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 215 Copyright and Other Intellectual Property Law Provisions Bill 2018: Second Stageꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 231 Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 243 Message from Joint Committeeꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 265 Inclusion in Sport: Motion ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ ꢀ 265

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SEANAD ÉIREANN

Dé Céadaoin, 26 Meán Fómhair 2018
W e dnesday, 26 September 2018

Chuaigh an Leas-Chathaoirleach i gceannas ar 10ꢀ30 aꢀmꢀ

Machnamh agus Paidi r .

Reﬂection and Prayer.

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Business of Seanad

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An Leas-Chathaoirleach: I have received notice from Senator Michelle Mulherin that, on the motion for the Commencement of the House today, she proposes to raise the following matter:

The need for the Minister for Housing, Planning and Local Government to provide funding for the construction of new rural group water schemes in the areas of Downpatrick, Kilmurray and Furmoyle, County Mayoꢀ

I have also received notice from Senator Lorraine Cliﬀord-Lee of the following matter:

The need for the Minister for Education and Skills to provide an update on the building works at Stꢀ Molaga’s senior national school, Balbriggan, County Dublinꢀ

I have also received notice from Senator Pádraig Mac Lochlainn of the following matter:
The need for the Minister for Education and Skills to make provision for the 30 pupils without a place on buses to secondary schools in Buncrana, County Donegalꢀ

I have also received notice from Senator James Reilly of the following matter:
The need for the Minister for Justice and Equality to outline his plans to reopen Rush
Garda station, County Dublinꢀ

I have also received notice from Senator Colm Burke of the following matter:
The need for the Minister for Health to address the waiting time for cataract procedures and outline how many procedures will be funded by the National Treatment Purchase Fund in 2018ꢀ

I have also received notice from Senator Rose Conway-Walsh of the following matter:

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The need for the Minister of State with responsibility for housing and urban development to provide an update on the provision of a redress scheme for pyrite and mica defective homesꢀ

I have also received notice from Senator Maura Hopkins of the following matter:
The need for the Minister for Transport, Tourism and Sport to provide an update on plans to develop a greenway between Athlone, County Westmeath and Ballinasloe, County Galwayꢀ

I have also received notice from Senator Anthony Lawlor of the following matter:

The need for the Minister for Children and Youth Aﬀairs to provide an update on aﬀord-

able childcare servicesꢀ The matters raised by the Senators are suitable for discussionꢀ I have selected the matters

raised by Senators Mulherin, Cliﬀord-Lee, Mac Lochlainn and Reilly and they will be taken

nowꢀ The other Senators may give notice on another day of the matters they wish to raiseꢀ Senator Reilly has withdrawn his Commencement matter which I had selected for discussionꢀ

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Commencement Matters

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Water and Sewerage Schemes Funding

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Senator Michelle Mulherin: I warmly welcome last week’s announcement of a block

grant of €3ꢀ5 million to Mayo County Council under the multi-annual rural water programmeꢀ

However, I am very disappointed that under measure 3, which makes speciﬁc provision for the

funding of new rural group water schemes, we only got €25,000ꢀ I am also very disappointed that we are three quarters of the way through 2018 and Mayo County Council is only at this juncture being told what it can spend for 2018ꢀ

Under measure 3 Mayo County Council was given €25,000 for the Kilmurray group water schemeꢀ The scheme needs €754,000 to get under way and be deliveredꢀ This is a saga that goes back to 2010 when Ceantair Laga Árd-Riachtanais, CLÁR, was abolished and people in Kilmurray had already done tremendous work in conjunction with the county council to bring forward a group water schemeꢀ They had gone to the tender process and had spent almost €40,000 on consultants and to this day those people are out of pocketꢀ They have not been refunded their moneyꢀ They have been keeping a company going, paying fees to the Company

Registration Oﬃce. They are all volunteers. People in Downpatrick and Furmoyle are also

waiting for waterꢀ
We are talking about something that people living in towns and cities take for granted so much that they do not feel they should have to pay for itꢀ They were more than willing to pay

for their water. I estimate that approximately 200 households in rural Mayo are aﬀected. There

is also a problem in Galwayꢀ There have been national monitoring committees and engage-

ment with the National Federation of Group Water Schemes to ﬁnd a formula because people

were told that under the formula applied, not enough money is given per household to deliver a

scheme. We were told to go back to the drawing board and ﬁnd a new formula to fund rural wa-

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terꢀ In 2016, the then Minister for Public Expenditure and Reform, Deputy Howlin, announced a three-year multi-annual programme starting then and running to 2018ꢀ Guess what? These three areas are still waitingꢀ I acknowledge that Tonacrick, Killeen, Aghaloonteen and Massbrook have been dealt withꢀ There are a couple of handfuls of houses in these areasꢀ People are

rightly cheesed oﬀ. They are out of pocket. They feel as though nobody has listened.

There is no parity of esteem between people living in rural Ireland and those in cities and townsꢀ That is all I am asking for and I do not think it is reasonable or acceptable that three quarters of the way through the year, they are getting €25,000 for Kilmurray alone when €1ꢀ5 million is requiredꢀ What will Kilmurray do with that funding? How can a council spend

€25,000 at this time of year? It is ridiculous. Will the Minister of State go back to the oﬃcials

in the Department and ask them to take the provision of new groups water schemes seriously?
I am not talking about clapped out water schemes that need to be upgradedꢀ Elderly people and young families living in rural areas are drilling wellsꢀ They cannot drink the water or wash their clothes in itꢀ Nobody would like to live like that yet that is how this group is livingꢀ There have been massive protests against water charges and there are people who did not engage in those who are prepared to pay for waterꢀ I am a public representative in the Government party and I do not think this is acceptable for 200 households in Mayoꢀ Will somebody listen? Will the Minister of State listen today? Can some good news be given to these people? We are at the end of the three-year, multi-annual programme that the former Minister, Deputy Howlin, announced and where are we for these three groups? We are nowhereꢀ This is not a countrywide

problem but a problem that aﬀects people in rural Ireland. I ask the Minister of State to please

take it seriouslyꢀ

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Minister of State at the Department of Housing, Planning and Local Government
(Deputy Damien English): I thank the Senator for raising this matter which she has raised

many times in recent years with me, the Minister, Deputy Eoghan Murphy, and the Departmentꢀ She has constantly pushed to have money spent on water and sewerage schemes in County Mayoꢀ This is very important work and I hope last week’s announcements and further announcements in the weeks ahead will deliver the funding needed to realise these schemesꢀ I know from speaking to the Senator and many others that the provision of water services for the people of County Mayo, particularly those in rural areas, is an issue of keen interestꢀ I assure the Senator and the House that the Government shares this strong interestꢀ The Minister strong-

ly believes in ﬁnding the appropriate resources for rural water schemes. We want to ensure the

people of rural Ireland are supported in accessing good quality water and wastewater servicesꢀ This applies to the people of Mayo and every other countyꢀ The Government will continue to back up its intentions in this area with fundingꢀ

Two weeks ago, I had the pleasure of attending the annual rural water services conference organised by the National Federation of Group Water Schemes, which took place in Claremorris in the Senator’s home countyꢀ I announced details of the funding being provided by the Government in 2018 under the Department’s multi-annual rural water programmeꢀ We have provided €20 million for 2018, which is an increase of €4 million from the €16 million committed in 2017ꢀ Last Friday, the Minister announced details of the allocations to individual local authorities and group water schemes for 2018ꢀ The multi-annual rural water programme, which runs for the period from 2016 to 2018, consists of six measures, including funding of new group water schemes under what is known as measure 3ꢀ While funding is provided through my Department, the administration and implementation of the rural water programme is the responsibility of local authorities, which work in partnership with group water schemes, and do
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a great job in that regardꢀ I complimented that partnership in recent years when I spoke at the recent conferenceꢀ

Progress has been sought on the proposed Downpatrick, Kilmurray and Furmoyle group water schemes for many yearsꢀ I have no doubt that there is a long history with the schemesꢀ In 2018, the Kilmurray group water scheme received an allocation of €25,000 under the rural water programmeꢀ This was among the allocations announced last weekꢀ It will enable the scheme to commence necessary planning and proceed to construction in due courseꢀ As the scheme is now approved in the current programme cycle, which ends this year, it should carry forward to the next programme cycle, which is to run from 2019 to 2021ꢀ I stress that the Kilmurray scheme has been approved and is now in the systemꢀ Funding is available to undertake the necessary construction works that will followꢀ It is now a matter for the scheme to proceed as quickly as possibleꢀ I have no doubt that the Senator will make sure this happens and will drive it onꢀ Funding of €95 million will be available for the next three-year cycle of the schemeꢀ This is a major increase which has been provided under Project 2040ꢀ It has been secured to drive success and improvement under the rural water schemeꢀ

With regard to the Downpatrick group water scheme, in January 2016 Mayo County Council included a bid for the schemeꢀ It was also submitted under measure 3 of the programme, which deals with new group water schemesꢀ The proposal was ruled out at the time because it involved connecting a new scheme to the public water network operated by Irish Waterꢀ Such works are not within the scope of the programme as it currently standsꢀ A further factor was the unit cost of some €18,750 per house, which was considered very expensiveꢀ Subsequent to the 2016 approvals, my Department engaged with Mayo County Council to see if an alternative at reduced cost could be foundꢀ However, no satisfactory alternative has been established to a

supply oﬀ the public mains for the proposed scheme.

The multi-annual rural water programme is being reviewedꢀ Having regard to the outcome of the review and decisions to be taken on measures to be included in the programme from 2019 to 2021, applications will be invited from local authorities in respect of funding for that periodꢀ These applications are to be sought later this year and there may be scope, in that context, for a further application to be made in respect of the Downpatrick group water schemeꢀ The Minister ordered the review in April last and it is due to report to him in the next monthꢀ It will examine how best to ensure the money is spent in the years ahead to get resultsꢀ It may make some new suggestions and provide an answer on how to address the issue with the Downpatrick group water schemeꢀ

The Furmoyle group water scheme was also included in the 2016 bids by Mayo County
Council for the multi-annual programme at a unit cost of some €22,000 per houseꢀ The expert panel assembled by the Department to review the bids concluded that the cost of the proposed scheme was too expensive and did not recommend it for fundingꢀ Accordingly, the scheme was not included in the current programmeꢀ

I hope this clariﬁes matters in respect of the group water schemes identiﬁed in County

Mayoꢀ I assure the Senator that the Government and the Department are committed to funding water services in rural areasꢀ There are grant schemes in place for local authorities to make applications for funding for group water schemesꢀ There are also fair processes in place to assess these applicationsꢀ As I stated, the review will be submitted to the Minister in the next monthꢀ

There have been signiﬁcant increases in funding for rural water services. The Government

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is committed to these services and has increased to €95 million the allocation for the next round of the programme, which will run from 2019 to 2021ꢀ I again thank the Senator for raising this issue which she has pursued many times with the Department in the past yearꢀ

26/09/2018B00200

Senator Michelle Mulherin: I acknowledge the Minister of State’s considerable engage-

ment and work on many rural issues, including water and pyriteꢀ I welcome his statement on the Kilmurray group water schemeꢀ Given that the three-year multi-annual programme for 2019 to 2021 has been given the green light, I assume the scheme will be funded, which would be welcomeꢀ

The Minister of State has said he is committed to funding water services in rural areasꢀ
People have been drilling wells in the Downpatrick and Furmoyle areasꢀ They cannot supply

water through their own eﬀorts. It is not enough to say providing water is too expensive. Are

these people not entitled to water? What will be done? I understand there is a possibility the council may revise its proposal for a water scheme in Downpatrickꢀ It should be borne in mind that much of the expense arises from the type of terrain through which pipework has to be laidꢀ It would have to go through special areas of conservation and rocky areasꢀ The Minister of State knows about dispersed populationsꢀ Many people in these areas have drilled wells which are no goodꢀ Something has to be doneꢀ

This request to the Government is the last recourse for people in Downpatrick Head and
Furmoyleꢀ They have tried everything elseꢀ Can they be helped? Perhaps the Minister of State is not aware that Downpatrick Head is one of the signature points on the Wild Atlantic Wayꢀ The areas does not even a public toilet because it has no running water, public mains supply or

any sort of group water mains supply. That is deﬁnitely not something of which we should be

proud in this day and ageꢀ One cluster of houses in the area has waterꢀ Accepting what the Minister of State said, I ask that this matter be revisitedꢀ We know that the unit cost of providing a mains water supply will be highꢀ This is the problem the people of the area have been facing all alongꢀ Telling them that again does not help mattersꢀ

26/09/2018B00300

Deputy Damien English: I will raise the Senator’s point with the expert group and ask that

it focus on the terrain issueꢀ Mayo County Council, in its application under the next round of funding, should make set out in detail the reasons the scheme is so importantꢀ I am sure it did so in its previous application, but it may need to add to that and provide more evidenceꢀ The expert group will make recommendations on behalf of the Departmentꢀ There is competition for resources in every countyꢀ Schemes that are needed, represent good value for taxpayers’ money and meet all the criteria will receive approvalꢀ It is very important that a book of evidence accompanies the applicationꢀ

The Senator made a very good point on the beneﬁts of the Wild Atlantic Way and the im-

portance of it being well serviced with proper infrastructure in respect of toilet facilities and so onꢀ The local authority can add that to the case it makesꢀ We have all seen the success of the Wild Atlantic Way and the numbers of tourists it brings to many countiesꢀ I have visited County

Mayo frequently and the Wild Atlantic Way is clearly of great beneﬁt to the local population

and touristsꢀ We should try to support itꢀ Across-Department approach could aid with costs and may be something we should pursueꢀ The local authority can gather the evidence and make a case for extra planningꢀ We can look at all the optionsꢀ

The Senator mentioned the work being done on pyrite and micaꢀ While I had an opportunity to meet residents in Donegal in July, I have not had a chance to meet residents in Mayo

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againꢀ The work being done by the National Standards Authority of Ireland, NSAI, in respect of standard protocol and procedures is now nearly completeꢀ I made it very clear that as soon as its work is complete, we will be in a position to judge how to proceedꢀ I also made clear to residents in Donegal that once the work in the Department on the legalities involved and other matters had been done, we would be in a strong position to move onꢀ I hope that will be possible in the next couple of weeksꢀ

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Schools Building Projects Status

26/09/2018C00200

Senator Lorraine Cliﬀord-Lee: I thank the Minister of State at the Department of Education and Skills, Deputy Mary Mitchell O’Connor, for coming to the Chamber to discuss the urgent situation at Stꢀ Molaga’s senior national school in Balbrigganꢀ When I submitted this Commencement matter, I used the following wording: “The need for the Minister for Education and Skills to fast-track the essential building works at Stꢀ Molaga’s senior national school, Balbriggan, County Dublin”ꢀ Unfortunately I have been in this Chamber on a number of occasions and raised the issue of Stꢀ Molaga’s with the Minister for Education and Skills, Deputy Richard Brutonꢀ I am very sorry and frustrated to be here again today with the Minister of State and her

oﬃcials to discuss the dire situation in St. Molaga’s senior national school.

Stꢀ Molaga’s senior national school based in the town of Balbriggan, County Dublin, has
467 students, 28 teachers and six special needs assistantsꢀ For the past 18 years, the expanding school population has been housed in prefabsꢀ Some 58% of the students in the school are

housed in prefabs that are 18 years old and these prefabs are crumbling and completely unﬁt for

purposeꢀ There are holes in these leaking prefabs which are damp and completely unacceptableꢀ They have gone past their use by dateꢀ The state of disrepair is down to the age of the prefabsꢀ The school has done its best to preserve the buildings in order that the students could be housed for additional yearsꢀ The prefabs are completely overcrowded, freezing cold in the winter and really hot in the summer timeꢀ The situation has become extremely urgentꢀ