Vol. 613 Tuesday, No. 3 31 January 2006
DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES
DA´ IL E´ IREANN
TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)
Tuesday, 31 January 2006.
Ceisteanna—Questions Taoiseach …………………………………1197 Minister for Health and Children Priority Questions ……………………………1210 Other Questions ……………………………1223 Adjournment Debate Matters ……………………………1231 Leaders’ Questions ………………………………1232 Requests to move Adjournment of Da´il under Standing Order 31 ………………1244 Order of Business ………………………………1245 Ministerial Rota for Parliamentary Questions: Motion …………………1250 Draft Companies (Auditing and Accounting) Act 2003 (Prescribed Accountancy Bodies) Regulations 2006: Referral to Joint Committee …………………………1250 Registration of Deeds and Title Bill 2004 [Seanad]: Second Stage (resumed) ……………………………1251 Referral to Select Committee …………………………1274 Message from Select Committee …………………………1275 Competition (Amendment) Bill 2005 [Seanad]: Second Stage (resumed) ……………1275 Private Members’ Business Social Services Inspectorate: Motion ………………………1281 Adjournment Debate Sugar Beet Industry ……………………………1307 Overseas Missions………………………………1310 Sheep Farming ………………………………1314 Questions: Written Answers ……………………………1317 1197 1198
DA´ IL E´ IREANN Republic of Cyprus, Mr. Tassos Papadopoulos. [38005/05] ———— 9. Mr. J. Higgins asked the Taoiseach if he will De´ Ma´irt, 31 Eana´ir 2006. report on his meeting with the Hungarian Prime Tuesday, 31 January 2006. Minister, Mr. Ferenc Gyurcsany, in Budapest. [38006/05] ———— 10. Mr. J. Higgins asked the Taoiseach the Chuaigh an Cheann Comhairle i gceannas ar matters discussed and conclusions reached at the 2.30 p.m. EuroMed summit in Barcelona; and if he will make a statement on the matter. [38008/05] ———— 11. Mr. J. Higgins asked the Taoiseach if he Paidir. will report on bilateral meetings he held on the Prayer. margins of the EuroMed summit in Barcelona. [38009/05] ———— 12. Mr. J. Higgins asked the Taoiseach if he has Ceisteanna — Questions. contacted the German Chancellor, Ms Angela Merkel, since she took office. [38010/05] ———— 13. Caoimhghı´nO´ Caola´in asked the Taoiseach Official Engagements. if he will report on his meeting with the President of Cyprus; and if he will make a statement on the 1. Mr. Kenny asked the Taoiseach if he will matter. [38769/05] report on his meeting with the British Prime Minister, Mr. Tony Blair, in Spain on 28 14. Mr. Kenny asked the Taoiseach the number November 2005; and if he will make a statement of meetings planned by the National Forum on on the matter. [37545/05] Europe during 2006; and if he will make a state- ment on the matter. [39752/05] 2. Mr. Kenny asked the Taoiseach if he will report on his attendance at the EuroMed con- 15. Mr. Kenny asked the Taoiseach when he ference in Barcelona; and if he will make a state- will next meet the President of the European ment on the matter. [37546/05] Commission; and if he will make a statement on the matter. [39770/05] 3. Mr. Rabbitte asked the Taoiseach if he will make a statement on his attendance at the recent 16. Mr. Kenny asked the Taoiseach if he will EuroMed summit in Barcelona. [37548/05] report on his attendance at the December 2005 meeting of the European Council; and if he will 4. Mr. Rabbitte asked the Taoiseach the make a statement on the matter. [39775/05] matters discussed and conclusions reached at his meeting with the British Prime Minister, Mr. 17. Mr. Rabbitte asked the Taoiseach if he will Tony Blair, on the margins of the EuroMed sum- make a statement on the outcome of the mit. [37549/05] December 2005 EU summit in Brussels. [40392/05] 5. Mr. Rabbitte asked the Taoiseach if he will make a statement on his recent visit to 18. Mr. Rabbitte asked the Taoiseach if he will Hungary. [37656/05] make a statement on his meeting with the British Prime Minister, Mr. Tony Blair, on the margins 6. Mr. Sargent asked the Taoiseach if he will of the December 2005 EU summit. [40393/05] report on the outcome of the Euro-Mediter- ranean summit held in Barcelona at the end of 19. Mr. Sargent asked the Taoiseach the results November 2005; and if he will make a statement of the December 2005 EU summit; and if he will on the matter. [37986/05] make a statement on the matter. [1229/06]
7. Mr. Sargent asked the Taoiseach if he will 20. Mr. Sargent asked the Taoiseach if he will report on his meeting with the Cypriot President, make a statement on his recent visit to Hun- Mr. Tassos Papadopoulos, in November 2005; gary. [1231/06] and if he will make a statement on the matter. [37988/05] 21. Mr. J. Higgins asked the Taoiseach if he will report on the matters discussed and conclusions 8. Mr. J. Higgins asked the Taoiseach if he will reached at the recent European Council summit report on his meeting with the President of the in Brussels. [1852/06] 1199 Ceisteanna — 31 January 2006. Questions 1200
22. Mr. J. Higgins asked the Taoiseach if he to the House last Wednesday I will not go into will report on meetings he held on the margins of detail on its outcomes. The main outcome was the recent European Council summit in agreement on the financial perspectives for the Brussels. [1853/06] European Union for the seven years, 2007-13. The agreement is a good one from Ireland’s point The Taoiseach: I propose to take Questions of view as it respects the October 2002 agreement Nos. 1 to 22, inclusive, together. on CAP funding and the 2003 CAP reform I visited Budapest on 25 November for a meet- programme. ing with Prime Minister Gyurcsany. At the meet- The Prime Minister Mr. Blair was chair of the ing, we discussed issues on the EU agenda and, European Council and in that capacity had dis- in particular, the negotiations on the financial cussions with all delegations on the issues on the perspectives for 2007 to 2013 and the develop- European Council’s agenda, in particular the fin- ment of Ireland’s economic relations with Hun- ancial perspectives. I did not have any additional gary. While I was in Hungary, I also launched the bilateral meetings with the Prime Minister as I Irish-Hungarian Business Circle, a new body had already had a substantive bilateral meeting designed to promote trade and economic contacts with him in London on 9 December in prep- between Ireland and Hungary. aration for the European Council. I attended the EuroMed tenth anniversary I am sure the National Forum on Europe will summit in Barcelona between 27 and 28 hold a number of meetings during 2006, continu- November. The Barcelona conference of EU and ing its good work on the period of reflection on Mediterranean Foreign Ministers in 1995 marked the European Constitution. However, as the the start of a new partnership phase of the National Forum is an independent body and I relationship between the European Union and have no function in its day to day operations, it the Mediterranean. The tenth anniversary sum- would be inappropriate for me to comment on its mit was co-chaired by the British and Spanish planned work programme for 2006. Prime Ministers. The summit adopted a code of While I have no immediate plans to meet bilat- conduct on the fight against terrorism and erally with the President of the European Com- approved a chairman’s statement. In addition to mission, who visited Ireland in July 2005, I will almost all of the Heads of State or Government meet the President at the forthcoming European of the European Union, the summit was also Council. attended by representatives from the EU’s Medi- terranean partners including Algeria, Egypt, Mr. Kenny: It is pleasing that the categorisation Israel, Jordan, Lebanon, Morocco, the Palestinian of questions has been somewhat changed from Authority, Syria, Tunisia and Turkey. the last time, when it was the subject of discussion I attended a dinner hosted by the King of Spain in the House. At least Questions Nos. 1 to 22, and delivered a national statement to the plenary inclusive, are on European issues. meeting of the summit. I also had a bilateral CAP direct payments and market support meeting with the Prime Minister Mr. Blair to dis- amount to \293 billion of the agriculture budget. cuss issues on the EU agenda, including the Is the Taoiseach satisfied there will be no further future financial perspectives, and Northern review of the Common Agricultural Policy until Ireland matters. I met leaders from Palestine, 2013, as has been stated? He referred on a Morocco and Israel and had a short exchange number of occasions to the fact that there have with the new German Chancellor, Angela already been major reviews of the policy, and Merkel. I had previously written to the new changes implemented. Is he satisfied that the Chancellor congratulating her on her appoint- Government’s decision to withdraw Part 3 of the ment. I used this opportunity to reiterate my con- nitrates directive and remaining sections can be gratulations and indicated that I would be happy implemented without a serious loss of production for the Chancellor to visit Ireland when her of up to 30% for many farmers, not just those diary permitted. involved in pigs and poultry? There is very I hosted a working lunch for Mr. Tassos serious concern about the method of the imple- Papadopoulos, President of the Republic of mentation of the directive by the Government. Cyprus, on 30 November. The President’s visit Extraordinary rendition has been raised in the marked a further step in the very positive House by a number of Deputies. Is the Taoiseach relations between Cyprus and Ireland and we and the Government satisfied with the guarantees reaffirmed our commitment to strengthening given by Condoleezza Rice and the US Govern- economic, trade and cultural ties. We also had a ment that no persons are being transported very constructive discussion on developments in through, to or from Shannon for the purposes of the EU in the run-up to the December European inhuman or degrading treatment or torture? Council, focusing in particular on enlargement issues and future financial perspectives. The Pres- An Ceann Comhairle: That is outside the sub- ident briefed me on prospects for progress in the ject of the questions, which is EU issues. United Nations-led process in Cyprus. I attended the European Council in Brussels Mr. Kenny: Is there consensus on the matter on 15 and 16 December. As I made a statement among European leaders? As a nation that is 1201 Ceisteanna — 31 January 2006. Questions 1202 friendly with the US and has strong historical, statements on behalf of Ireland, whereas other economic, political and cultural ties, is there any countries do not have these. After acting on our other way it can be demonstrated that there is position on this, we received categorical assur- nothing to hide? Perhaps we might be invited to ances from Condoleezza Rice, which were con- inspect some of the planes. firmed by the embassy as late as last week. We The Taoiseach has had a number of meetings are happy with those, although as I stated last with Heads of Government and contacts within week, we will take full account of all ongoing the European Union since the December Euro- investigations, including the inquiries conducted pean Council. Arising from yesterday’s revelation by Senator Marty and others. in respect of the early child care supplement, did The position on Shannon has been made clear he brief those Prime Ministers on the package by the US authorities and, because the matter has that the Irish Government was introducing to arisen so many times, we have gone back to seek ensure that no abuse of this would take place? Is clarity on it. The Minister for Foreign Affairs, he happy, having done that, with the number of Deputy Dermot Ahern, sought and attended a children of migrant workers currently in this meeting last year at which he received categorical country who will be eligible for this benefit and assurances with which we are happy. In line with does he have an accurate figure of the extent of international agreements, if there are no issues of it? doubt, one must stick with international conven- tions, which we have done. However, we did not The Taoiseach: On the financial perspectives, just leave it nor have we taken up any cosy particularly the elements dealing with agriculture, arrangements. We have stressed our position and the overall agreement was excellent from our concerns to United States authorities and to one point of view because we expect that, over the of its most senior representatives. She has given next period, our receipts will amount to about assurances to us and we must accept them on \14 billion, while our payments will be \13 that basis. billion. We will not become net contributors until I have raised the issue of the early child care the very end of the round, based on present pro- supplement, not so much to brief them on our jections, and we anticipate, notwithstanding our position but to find out what other countries were economic success and increase in national pros- doing and to find out how they were handling it. perity, that we will hold this position, which The regulation, EU 1408 of 1971, which is old would effectively mean that we will have been 40 states migrants from EU member states working years in the European Union before becoming a in a country — in this case in Ireland — whose net contributor. That is an extraordinary achieve- dependent children are resident in their own ment, based on our per capita figures. country are entitled to claim child benefit here in Throughout the negotiations, as Deputy Kenny respect of their children, either in full or as a top- noted, we had a number of clear objectives, the up if there is an equivalent payment at a lower main one being the future of Common Agricul- rate in their country of origin. The regulation has tural Policy funding. The agreement is very satis- been in place for 35 years and we were aware factory to us. We never had difficulties with an of it. examination or review of the process or the Obviously the numbers traditionally have been system but we had issues with that taking effect very low but they have started to increase. There during the round and breaking the previous are not many, quite frankly. I do not want to agreement. The position for which we and the highlight this on the basis of an ad, but the French had effectively lobbied throughout the numbers are small. We have to look at what other month, with some limited support from a few countries are doing and see if there is a need to others, was maintained. They will begin that pro- do anything else. On the face of it, the regulation cess in 2008 and 2009 with a review of the overall is very clear but I want to ascertain what others budget but the decisions will take effect at the do. I do not mind us abiding by our situation with end of the next financial perspective in 2014. That very small numbers. Somebody asked me today if would be the normal position, even in this round. we knew about this issue and of course we did The Commission papers were published in 2003 because the new payment is based on child and 2004 and there is always a long run in with benefit. We will honour our commitments. these issues. It was the same in respect of the 1997 In the past, of course, this regulation has ben- and 1998 papers and negotiations for the 1999 efited Irish people. We were the substantial ben- position did not start until 2000. That is a satisfac- eficiaries because Irish people emigrated to other tory position. EU states which had much more generous social On the nitrates directive, I am well aware of welfare systems than we had. That was partic- the position. The Deputy would be best tabling ularly the case in the 1970s and the 1980s, when questions but we believe that the position we Irish people were leaving in droves. The position have obtained following long negotiations is a has turned around. Recent benefit rate increases satisfactory one, and this has been explained to here, EU enlargement and net immigration have farm leaders and in Europe. reversed the effect of the regulation. We have On rendition, the position is clear because, in been advised that the reciprocal arrangement the view of the Government, we have categorical which has been in existence for over 35 years also 1203 Ceisteanna — 31 January 2006. Questions 1204
[The Taoiseach.] it does not escalate into big numbers. We have applies to the early childhood supplement. In taken a more generous position than others but order to seek this benefit, the recipient must be that changes for all the other member states on 1 working or self-employed. Therefore, it is not May. For people who did not make our moves on operated as a draw for persons who might simply 1 May 2004 the two years are up. wish to benefit from the social welfare system. If we look at the broader picture, there are Mr. Rabbitte: On that issue, it really does not many reciprocal arrangements in place. Last year matter what others do. The Taoiseach says he we received over \420 million for the Vote for wants to know what others are doing but that the Department of Health and Children, mainly does not matter. If EU law requires it, then that from our neighbours in the United Kingdom, in is the position. What does it matter what others respect of health treatments here for people who are doing? The Government introduced an early worked abroad, including many Irish people. years payment so it would be separate and differ- I am interested in how other countries are ent from child benefit. The Government con- handling this issue. We have taken a very gen- sidered adding the money to child benefit, a tax erous position in the last few years, which was refund and a number of other things, but the the right thing to do in our role as supporters of Minister specifically brought in a different and enlargement. In terms of what we have received, separate payment and conveyed the impression as I pointed out in my earlier reply, we will be 40 that it was to assist with the inordinately high cost years taking from the EU before we give any- of child care in this jurisdiction for children irres- thing. Our aim is not to breach the rules but I pective of their nationality. He communicated always like to be sure we are doing what every- something different from what the Minister of one else is doing. That is why I sought the infor- State, Deputy Brian Lenihan, has found out. The mation on what others are doing. numbers he used in parliamentary replies of 350,000 children make that clear. Mr. Kenny: As I understand it, the early child On the EuroMed summit and the statement the care supplement was introduced by the Govern- Taoiseach made in the newspapers after that ment on the basis of child care costs as they per- summit that the time had come to call for a tain in this country. Was the Government fully debate on enlargement, what considerations did aware of the implications of the payment being the Taoiseach have in mind that motivated him linked to child benefit and therefore being avail- to call for that debate? able for children not living here? Given the sup- plement was introduced as a child care cost The Taoiseach: To briefly return to the other measure, a different categorisation could have prevented any abuse, and notwithstanding the issue, it always matters how EU regulations are directive, it would also have meant we would not applied in different member states and how run the risk of abuse. people handle them. It is a regular occurrence Does the Taoiseach know the number of that EU regulations are administered slightly migrant workers here who have children living differently in different jurisdictions; they are cur- abroad? Is it well over 100,000 or—— tailed in some ways and extended in other ways. We have always had an open position and we An Ceann Comhairle: That is a separate ques- transpose EU directives far quicker than most tion which does not arise in these questions. member states and implement them to the letter of the law — from my long experience, we do so Mr. Kenny: I am asking about the element that far better than most. is a child care cost. In this issue, all I am saying is it matters how others administer schemes, particularly such a The Taoiseach: They are linked. If a person is generous scheme. In social welfare and other in receipt of the new payment, he must be in areas, when a country improves its position, there receipt of child benefit. Our figures were based are payments, whether they are pensions or wel- on that. The numbers are not huge as of now but fare systems, that operate under reciprocal we must protect the position. We are talking arrangements in member state countries and we about a small number of thousands. In child honour them. We did so in this case as well. benefit cases, we would be talking about less than When we improve our lot and there is a recipro- 2,000, while benefit might be double that. I was cal arrangement under EU regulations, we pay aware of this and discussed it with the Depart- up. ment of Social and Family Affairs as far back as On enlargement and the EuroMed summit, as October. When we were doing our work on the we come to the end of a long round of enlarge- child benefit costs, the cadre of resources in that ment that has been taking place since 1990, and was based on the new benefit so there is a direct the changes of 1988 and 1989 with eastern Europe link between the two. coming in, now is a good time to look at where Hopefully, in all these issues where there are we go in future enlargements. The decision has reciprocal arrangements, there is no problem with been made on Turkey and how to implement it, something that has existed for 36 years as long as and everyone accepts it will be a long drawn out 1205 Ceisteanna — 31 January 2006. Questions 1206 issue. Even the Turks will accept we are talking about Mr. Donaldson. What implications does he about a decade. consider these developments will have for the res- The decision on Croatia has also been made. toration of the institutions? Does he believe they More recently, the decision was made to move might compromise the Government’s relations to the next stage with regard to Macedonia. The and contact with Sinn Fe´in? Thessaloniki Summit during the last Greek Euro- pean Presidency a few years ago indicated that we The Taoiseach: I discussed those issues at the will have to deal with the whole region, including meeting I had on 9 December, not at the summit. Bosnia Herzegovina and half a dozen other coun- As the Deputy will recall, the Prime Minister had tries, on some basis when they meet the criteria. very little information and was not able to cast More recently, my interpretation of the new much light on what was happening. Subsequently, neighbourhood agenda, which started under the with my ministerial colleagues, I discussed this Irish Presidency as a means of building up new matter with PSNI Chief Constable, Hugh Orde, neighbours in the south and east, was that it and the Minister for Foreign Affairs, Deputy would build a different kind of stabilisation Dermot Ahern, discussed it with some of his min- agreement and a new understanding of the isterial colleagues. We received an explanation benefits for the countries in question in dealing that gave us some light. As I said earlier in the with the European Union, while not moving to year, it is best to move these issues on. As it was EU membership. Ukraine would be the clearest explained to me it would neither damage nor country on the agenda. Other people have a enhance my relationship with anybody, so we just different, more expansive view and would be pre- move on. Satisfactory answers on who was watch- pared to enter another round of enlargement ing who were never given. The more it is involving several of these countries. explained the more it appears it was a compli- As Deputies will be aware, a number of the cated web in which everybody watched every- countries involved in the new neighbourhood body. It will not affect our relationship. agenda, which includes Morocco and other coun- tries in the Mediterranean region, aspire to Euro- Mr. Sargent: The December summit in Brussels pean Union membership or as close to it as they issued a statement on climate change and sus- can get. Having moved from nine, to 12, to 15 to tainable energy which referred to the Gleneagles nearly 30 members, I do not see how we could plan of action. Was this taken on start another round of enlargement which would 3 o’clock board, particularly in the area of take membership up to 30 or 40 members without technology transfer, during the first introducing the changes necessary for the Taoiseach’s visit to India, and did it figure in his European Union to function which have not been discussions with President Kalam or Prime Mini- formalised because of difficulties with the draft ster Singh? Will the Taoiseach indicate whether constitution. Those who hold another opinion are the nuclear non-proliferation treaty arose? Given entitled to it but I think they are ill advised. that India has not signed up to the treaty Frank I have colleagues who have an expansive view Aiken would have wished a Fianna Fa´il of the nature of Europe’s frontiers and think the Taoiseach to raise it. continent has no end. In recent years, under Neither France nor the Netherlands has indi- Commission Presidents Santer, Prodi and now cated there will be a new poll on the European Barroso, I have said that somebody needs to start constitution, while the Finnish Prime Minister drawing a line because otherwise — Deputy Matti Vanhanen, taking on the Presidency in the Rabbitte will not disagree with me on this — second half of this year, has called on states that pressure builds somewhere and suddenly one have already ratified the EU constitution to must sign up because it would be a terrible disap- accept possible changes to the text. Is that view pointment for a country if one did not move on. being treated with any sympathy by the Irish With regard to budget and other arrangements Government? The Polish President’s view is that people say we must decrease the budget. Most of a new convention is needed to write a brand new the large member states were in the 1% club this constitution. Does the Taoiseach support either time and wanted to go back on the financial per- of those positions or does the Government have spectives. Fortunately they were driven on with another view on the matter? the help of Chancellor Angela Merkel. One On the EuroMed conference and counter ter- cannot keep pressurising the Commission to fund rorism, I note a code of conduct on counter ter- the European Union and provide programmes, rorism was agreed in Barcelona. Following that plans, objectives and aims and then decide not agreement can the Taoiseach say whether any to finance it. The new neighbourhood initiative serious view is being taken of the Council of should be used rather than having endless press- Europe investigation that has accused European ure for enlargement. governments of silently condoning the practice of abducting suspected terrorists and transporting Mr. Rabbitte: At the December summit the them? Is any serious view is being taken of Taoiseach met the British Prime Minister, Mr. Amnesty International’s open letter to European Blair, at a meeting which coincided with the so- Heads of Governments which states: “any called Stormontgate affair and the revelation involvement of member states in such transfers 1207 Ceisteanna — 31 January 2006. Questions 1208
[Mr. Sargent.] stitution. The Government’s position is that we [extraordinary rendition flights as they are called] made an agreement last year that we would have including the mere act of allowing facilities at air- a period of reflection, which would come to a ports is equally in breach of international law”? conclusion in the summer under the Austrian In the Taoiseach’s reply to Deputy Kenny he Presidency. We are abiding by that decision. As mentioned that Dr. Rice was clear on behalf of part of that process, other countries’ governments the US Administration on this matter, but my are entitled to state their views about how they recollection is that Dr. Rice refers to prisoners. see things going forward. We have had a debate She does not refer to the landing of planes used on the issue here and I have attended many con- in the transfer of prisoners, empty or otherwise. ferences that have debated the proposed consti- Can the Taoiseach respond to that? Amnesty tution. However, we must continue to feed into International’s understanding under international the debate under the Austrian presidency and see law is that assisting the transport of the planes how we are in the summer when the Austrian used, empty or otherwise, is viewed as complicity Presidency concludes. One cannot just pick bits under international law. Has Dr. Rice been clear, out of what was a carefully balanced document, as the Taoiseach stated, not only on prisoners but negotiated right throughout the convention on the planes that have been identified as period. Some countries have a simplistic view that involved in this type of activity? they will go down through the index and tick off the bits that are convenient to them, while saying The Taoiseach: As I said last week, Dr. Rice that we should amend other parts. I do not agree stated that Irish airports were not used in any way with such views. The agreement was carefully related to these issues, for planes or people or balanced and one cannot just take out one section anything else. She has been absolutely, categori- and proceed on that basis. It just will not work. cally clear that Irish airports were not used. Her People are entitled to articulate views that are reply was re-stated through the Embassy last unworkable, but we need to be honest now and week. On the question of the Council of Europe again. Many of the suggestions which involve investigation, it has made a number of recom- cherry picking the constitution will never happen, mendations and issued guidelines on which we so making speeches like that are of little use. would look positively. The rapporteur is Senator Dick Marty, who was appointed in November by Mr. Sargent: I also mentioned the non-prolifer- the committee for legal affairs and human rights ation treaty. of the Parliamentary Assembly of the Council of Europe. He is expected to present his report to The Taoiseach: Yes, but I divided the questions PACE this week, if he has not done so in recent and that will be in the second question. days. That investigation is continuing in parallel with the Secretary General’s questionnaire and Mr. J. Higgins: From his extensive contacts at the senator’s original remit to examine secret these meetings in Europe can the Taoiseach give prisons has since been extended to include ren- some indication — and the period of reflection is dition allegations. The Government is happy to nearly over — of the direction in which the co-operate in the conduct of that investigation if debate on the constitution going, as far as the requested to do so. The parliamentary committee European political establishment is concerned? is also examining the issue and has set up a tem- What will emerge from the debate? Will the con- porary committee to investigate allegations of the stitution be put again to the French and Dutch transport of illegally detained prisoners by the people in its present form and therefore to the CIA in European countries. The committee has Irish people? Perhaps the Taoiseach could elab- been mandated to collect and analyse infor- orate on that. mation to find out whether the CIA or other Did the Taoiseach have discussions with the intelligence services carried out abductions or many people he met, in particular the Hungarian extraordinary renditions, detentions and torture prime minister, about the controversy that has in secret sites. We will co-operate with any of developed over the kidnap and transport of pris- those investigating bodies. The European Com- oners for torture in countries outside of the Euro- mission of Human Rights also asked for pean Union? What attitude have the other EU information. states adopted towards this issue? Are they all as There has been movement on the issue of trusting as the Taoiseach in accepting the denials climate change. However, I suggest to the Deputy of the United States Government? that he put down a question to the Minister for There is something that intrigues me that the the Environment, Heritage and Local Govern- Taoiseach, perhaps, might clarify immediately. ment, who deals with such issues. He said previously, and again today, that he accepts wholeheartedly the assurances of the Mr. Sargent: What about the European con- United States Government in regard to this coun- stitution? try not being used for these so-called renditions, in other words, flights to torture. In view of the The Taoiseach: Different prime ministers fact that the same Government gave the expressed different views on the European con- Taoiseach a totally fraudulent reason for the 1209 Priority 31 January 2006. Questions 1210 invasion of Iraq, does he not suspect that, per- the correct one and they are ready to support it. haps, he should not trust it a second time? Has it However, opinion on the right is more difficult occurred to him that it might be lying to him and we must see how that works out. Nonethe- again? less, I know the Deputy and I will be on the one Last, we know that CIA-chartered planes—— side if there is a campaign on this issue. The nitrates directive—— An Ceann Comhairle: The Deputy should con- fine himself to the question. Deputy O´ Caola´in Mr. Sargent: Another U-turn. also has some questions. The Taoiseach: ——-was not discussed at the Mr. J. Higgins: ——have used Shannon. Why European Council. It was discussed at both the is he so sanguine about that? If it was known, for Environmental and the Agricultural Councils. I example, that international heroin traffickers had think the Deputy knows that Ireland has been planes going from Shannon—— way behind other member states in reaching agreement on this issue. An Ceann Comhairle: The Deputy should I have given the House a clear picture as to conclude. what the United States has said. It was not based on the European issue. Other countries are con- Mr. J. Higgins: ——the Minister for Justice, cerned about this. We sought our own guarantees Equality and Law Reform would be leading a concerning our position, our airport and our cir- search party there. How does he square this cumstances, and we received assurances in that circle? regard. I have made that clear, as has the Mini- ster, a number of times. Caoimhghı´nO´ Caola´in: Will the Taoiseach With regard to my meeting with President elaborate on his meeting with the President of Papadopoulos in Cyprus, we were involved to an Cyprus? Will he report progress on the issue of enormous extent during the Irish Presidency in the illegal occupation and partition of the island the search for a framework for an agreed compre- of Cyprus by Turkey? Did the Taoiseach offer hensive settlement. We have supported the UN assistance in the move towards the reunification Secretary General’s efforts in this area but, unfor- of that island and the establishment of normal tunately, his plan was rejected in the referendum relations between Cyprus and Turkey? On the on it almost two years ago in March 2004. Little issue of his many foreign visits and meetings with progress has been made since. The Secretary heads of state and prime ministers, is he telling General has been cautious since then about the the House that the issue of extraordinary ren- prospects for any resumption of those efforts and dition has not been discussed or raised by him? stalemate continues. As we had been involved Will he be specific as regards what opportunities throughout this process and since, President he has availed of to reflect on this very important Papadopoulos, a good friend and most helpful to issue, particularly now that the European Council Ireland, outlined the position to me. has indicated that there is confirmation of the sus- In the last report of the Security Council, which picions regarding this practice by the CIA and was released the day before I met the President other agencies? In the light of that, what action, on 29 November, the Secretary General stated if any, does the Taoiseach now propose to take, there had been no substantial change in the posi- particularly on Shannon? tions of the two sides on his mission of good In the matter alluded to earlier by Deputy offices. He reported that the timing was not right Kenny, was the nitrates directive discussed at the to appoint a special envoy to Cyprus. The posi- EU summit, at the margins of it or indeed at any tion remains in stalemate but we remain helpful of the other meetings the Taoiseach attended? in trying to find a resolution of this issue. Did he raise the issue, particularly given that it is due for implementation at midnight tonight and Priority Questions. the fears arising therefrom as regards the impact of these regulations on Irish farming, not least on ———— intensive farming practices involving pig and poultry producers? Has the Taoiseach taken steps Health Services. to try to alleviate the impact of these measures? 127. Dr. Twomey asked the Ta´naiste and Mini- The Taoiseach: In reply to Deputy Joe Higgins, ster for Health and Children if suitably trained matters are moving along well. The socialists and home help staff and adequate home help hours the hard left around Europe are firm in their view will be provided at community care level in 2006; in favour of a constitution. Most of them and if she will make a statement on the believe—— matter. [3278/06]
Mr. J. Higgins: The fake socialists. Minister of State at the Department of Health and Children (Mr. S. Power): An investment The Taoiseach: ——as Deputy Joe Higgins package of \150 million has been put in place for does, that the original proposal I negotiated was 2006 and 2007. This is the largest ever increase 1211 Priority 31 January 2006. Questions 1212
[Mr. S. Power.] As the Minister of State knows, the HSE does in funding for services for older people and the not have to pay VAT. There is also tax relief at package has a strong focus on community based source for people who put their relative in a resi- supports. Of that investment package, an dential nursing home. Will VAT be an issue for additional \33 million full year cost was allocated people accessing these services or in providing to the home help programme. This represents a value for money for the people getting the significant increase over the Estimates provision services? Will this service be a value for money of \112 million for 2005. issue for taxpayers rather than being a service This development funding will enable the HSE provided by the HSE? to provide an additional 1.75 million hours Over past years, especially with regard to the nationally in 2006. The additional resource will health strategy, Quality and Fairness — A Health further enhance the service and facilitate the Strategy for You, the Department has failed to expressed wish of many more older people to implement many of the recommendations it continue to live in their own homes for as long as promised at community care level with regard to possible. It should be noted that \55 million was home help services and looking after carers in the also allocated towards the provision of home care community. There are so many contradictions in packages, 1,100 of which are provided at present what has come out and what was announced in and an extra 2,000 of which will be provided dur- the most recent budget that value for money and ing this year. These comprehensive packages, delivery of the service could continue to be a which include co-ordinated and integrated care problem. provided by nurses, home care attendants and therapy services such as physiotherapy and occu- Mr. S. Power: The Deputy has raised a number pational therapy, may also include an element of of issues, but it is a bit of a joke to talk about home help services. contradictions in the recent budget. We The funding outlined was provided to the HSE announced a package of \150 million in the on a national basis. The HSE is responsible for budget for services for older people, including a the delivery of the home help service across the number of community supports vital to main- country and also for the training of home help taining people in their own homes and communi- staff. The HSE has informed the Department that ties, which is the expressed wish of the majority training programmes have been developed to of older people. The Deputy may be as critical as ensure home helps receive appropriate training he likes of the past, but we have made a major and these training programmes have been rolled effort to improve and build on the community out in the HSE over the last number of years. support structure in place. These programmes will continue in 2006 to With regard to the content of the various improve skill levels of home helps. In addition, courses undertaken by the HSE, I will have the home helps also receive regular, on the job train- issue examined and come back to the Deputy on ing in conjunction with other health professionals. it. The HSE attaches great importance to provid- ing adequate training to people who intend to Dr. Twomey: With regard to training of home become involved in the provision of home help. helps, has the Minister reviewed any of the curric- The private sector has become increasingly ula? Can he list Piaget’s four stages of cognitive involved in the provision of home help through- development or Erikson’s eight stages of out the country and it too attaches great import- development? These are included in one of the ance to the training of people before taking up courses for people who are studying to be home employment. I will check on the content of helps. I do not know what they are and I am sure courses to ensure there is adequate provision. I the Ceann Comhairle, who is also a medical am happy with the response we have received doctor, does not know what they are. I wonder from the HSE in that regard, but I will seek about the content of some of these courses which further information and come back to the Deputy are supposed to teach people to be home helps. on the matter. Who devises and monitors them? This was a The issue of VAT has been raised by a number FETAC course. The Minister should investigate of providers. The matter is being investigated and the content of these courses. They might not be we have taken it up with the Minister for Finance. appropriate to what people are doing. We realise the difficulties VAT creates and will The lack of transparency regarding the number clarify the matter. This is not something on which of home help hours is causing a huge problem for I can make a decision, but I will come back to the Opposition Members. Even the person in charge Deputy on the issue as soon as I have definitive of this area in the HSE could not tell me how news. many home help hours were provided last year. If medical services are to be provided using the Dr. Twomey: When does the Minister of State home care packages, is VAT at 13.5% being think he can get back to us on that issue? The applied to those packages? If there is an element implementation of the home care packages will of a social service involved in the home care be difficult for some providers if there is no packages, will VAT be applied at 21%? change. 1213 Priority 31 January 2006. Questions 1214
Mr. S. Power: I know the providers require us operate a pharmacy has not been mentioned and to bring some clarity to the issue in order that I ask her to include it and comment on it. they can make plans for the future. We will renew We are all conscious of scandals, for example, our representations to the Minister for Finance. where terrible things were done by Dr. Shipman. I cannot say how soon he will get back to us. I The role of the pharmacy in that scandal is rel- appreciate the urgency of the situation and know evant and germane to this issue where we do not it would be helpful to have an early decision. We have proper regulation. If such a scandal arises will try to get that decision as quickly as we can. here, which seems more likely than unlikely, will the Department be exposed to litigation because Pharmacy Regulations. of its failure to deal with what is clearly a matter of protection and public safety? 128. Ms McManus asked the Ta´naiste and Minister for Health and Children if a submission Ms Harney: I accept that the legislation gov- has been received on the extent of the current erning the regulation of pharmacy is unsatisfac- risk to patients in view of the fact that for animals tory. It dates back to 1962 and much has changed there is full protection from malpractice in the in the intervening period. At a recent event I was pharmaceutical sector while for humans there is told by the incoming president of the pharma- not, and that there is no statutory fitness to prac- ceutical society that when his father was its pres- tise or fitness to operate legislation on pharmacy; ident many years ago, he expected the new law the steps she intends to take to protect patients during that year. That was 30 years ago. I do not and within what timeframe; if she can be held know why we have not been able to frame legis- liable in any claims arising from malpractice in lation in the intervening period, but the matter is this area; and if she will make a statement on the urgent. There are many urgent matters on my matter. [3280/06] desk, including the Medical Practitioners Bill, the regulation of the nursing profession, illegal Ta´naiste and Minister for Health and Children charges in nursing homes etc. (Ms Harney): The practice of pharmacy is gov- There are two issues here. The Pharmaceutical erned by the Pharmacy Acts 1875 to 1962. I am Society of Ireland only has a role with regard to aware that the current fitness to practise pro- recommending removal from the register where visions in these Acts are inadequate for the mod- there is a breach of criminal law. It has no right ern practice of pharmacy. On foot of the recom- to strike off others. The tool used traditionally mendations of the pharmacy review group I by the State to penalise malpractice is the GMS obtained Government approval in June 2005 to contract. While it was the case in the past that commence the process of drafting, as a priority, there was hardly a pharmacy that did not have a new pharmacy legislation to allow, among other GMS contract, there are a growing number that things, the making of fitness to practise regu- do not. Therefore, that route is not available to lations for pharmacists. The purpose of these new the State. The matter is a priority. provisions is to ensure the highest standards from Recently, I had a good meeting with the phar- pharmacists and to safeguard the safe and effec- maceutical union and it raised with me the issue tive delivery of pharmaceutical services. of the operation of the premises as well as the My Department is at an advanced stage in individual. I have asked my officials to examine drawing up the heads and general scheme of a that in the context of the first Bill. A second Bill pharmacy fitness to practise Bill and I intend to will deal with the service aspect, the physical con- take a memorandum to Government in the very ditions and such matters which, while important, near future, seeking approval for the draft heads are less urgent. To deal with the legislation and general scheme and requesting that the legis- quickly, we want to deal with the regulatory lation be referred to the parliamentary counsel’s aspects, particularly with regard to fitness to prac- office for formal drafting of the Bill. tise. I hope to bring the scheme to the Govern- ment within a matter of weeks. Ms McManus: Will the Minister accept that there is an urgency to this matter? Does she not Court Cases. find it extraordinary that animals here have 129. Ms C. Murphy asked the Ta´naiste and better protection against pharmacy malpractice Minister for Health and Children the number of than humans? Does she not have a serious con- court actions regarding the provision of resources cern that the registry body has no power to strike such as speech and language therapy, occu- pharmacists off the register? It has power only to pational therapy, psychological services and put people on the register. In its estimate, two to multi-disciplinary teams for children with special three pharmacists should be struck off the regis- needs in which she or her predecessors have acted ter each year. That is the approximate level of as respondents that are pending and which took malpractice. Does the Minister accept that she place each year since 2002; the number of these has responsibility to ensure not just fitness to actions which progressed to the hearing stage; the practise legislation is speeded through the House, number of cases that resulted in the provision, by but also fitness to operate a pharmacy? Fitness to her Department, of the resources sought by the 1215 Priority 31 January 2006. Questions 1216
[Ms C. Murphy.] Service Executive, which was established on 1 plaintiffs; the costs which were incurred by her January 2005. Department in responding to these court actions; As the Deputy is aware, significant progress and if she will make a statement on the has been made in recent years regarding enhanc- matter. [3224/06] ing and developing services for people with dis- abilities. I am satisfied that the level of invest- Minister of State at the Department of Health ment in disability services demonstrates that the and Children (Mr. T. O’Malley): Since the late Government is committed to the provision of 1990s, a number of parents of children with appropriate services to enhance capacity within autism began to take High Court cases to obtain the health services to deliver on the various legis- specific educational services for their children. lative provisions contained in the national dis- Since 2002, my Department has been involved in ability strategy. This includes continued enhance- 74 cases in which applicants are seeking access ments to services to allow children with to such appropriate education services. In cases disabilities participate in the education system. involving children with disabilities this also includes, on occasion, access to appropriate Ms C. Murphy: Some of the court cases prob- health related supports. ably follow on from the cases where people These cases are broken down as follows. In sought education and, having been granted it, felt 2002, there were 35 cases, 15 of which were the support services were insufficient. Does the judicial review cases and 20 plenary cases. In Minister of State agree that planning for the pro- 2003, there were 18 cases, seven of which were vision of the support services involves a far more judicial review cases and 11 plenary cases. In efficient way of spending funds than meeting the 2004, there were 12 cases, five of which were costs of litigation to deny those services? Given judicial review cases and seven plenary cases, and the figures the Minister of State has just men- in 2005, there were nine cases, five judicial review tioned, one can only conclude that the latter is cases and four plenary cases. In that time, three the approach. cases have proceeded to full hearing, the first in I received a similar reply from the Department of Education and Science to the effect that, for 2003 and the second during 2005. The court ruled \ in favour of the State on both occasions. The two years, there was in the region of 10 million third case has yet to be determined. A number of in respect of one side of the court action — there other cases which commenced prior to 2002 are may well be an overlap in the figures, which also being dealt with by my Department. essentially implies the State was denying services to children. The cost to my Department, excluding the costs Children who received primary education on of the State defence which is borne by the Office foot of legal action are now presenting for second of the Chief State Solicitor, in each of the years level education but the support services are not in since 2002 was as follows. In 2002, there were no place. Bearing in mind that there is a relationship legal costs and settlements amounted to \438,450, between the Department and the Health Service totalling \438,450. \ Executive in terms of the provision of the In 2003, legal costs amounted to 2,492,579 and required support services, it seems nobody is settlements amounted to \297,106, totalling \ counting the children in question. This is a denial 2,789,685. In 2004, legal costs amounted to of their entitlement to an appropriate education. \ 1,339,660 and settlements amounted to Is the Minister satisfied that the second level \297,181, totalling \1,636,841. In 2005, legal costs \ children are being captured properly? It seems amounted to 2,741,436 and settlements they are only captured properly when there is a \ \ amounted to 290,987, totalling 3,032,423. It court action. This morning I communicated with should be noted that these figures do not include a parent whose child requires speech therapy. the costs of staff involved in responding to these The family lives in Kildare where the HSE does cases. not have services specific to children with the These cases are, in the main, taken against the child’s diagnosis. If the family moved to west Department of Education and Science and allege Dublin the child would receive the required a failure on behalf of the State to provide for an services but it does not receive them because the appropriate education as provided for in the Con- family is living in Kildare. stitution. While these cases are mainly taken by parents of children with autism, there are also a An Leas-Cheann Comhairle: The time allo- number of cases relating to ADHD and intellec- cated for the question has been exhausted. tual, physical and sensory disabilities. The Deputy should note that the Department Mr. T. O’Malley: On the Deputy’s point that of Health and Children is not specifically named people who cannot avail of services would be able as a defendant in all these cases but is involved to avail of them if they moved to another area, due to its role in the formulation and develop- this should not prevail under the Health Service ment of policy in respect of the provision of Executive — it should be possible to avail of health care and support services. The Health Act them. I will take up the specific matter if the 2004 provided for the creation of the Health Deputy gives me the details. 1217 Priority 31 January 2006. Questions 1218
On the Deputy’s point on the lack of planning, fluctuating demands on the acute hospital system, much planning is being done but the State cannot in some instances it is necessary to reschedule prevent anybody from taking a legal case if he is planned treatment, particularly when priority has not happy with the services he is given. There is to be given to emergency cases. much planning associated with the provision of The Government has pursued a number of these services. policy initiatives to increase throughput of the The Deputy is correct regarding the lack of acute hospital system by way of improved infra- provision of services in occupational therapy and structure, providing additional acute beds, speech and language therapy. However, we have increasing the amount of day surgery, increasing provided increased capacity in the universities to the number of consultants and providing more educate people in these disciplines. Unfortu- step-down accommodation and home-care pack- nately, these people will not graduate for a few ages. For example, the number of patients treated years. We are doing everything we can to try to on a day-case basis has doubled between 1997 recruit people from abroad to fill the positions in and 2004. The number of approved consultant this area for which staff are unavailable in posts increased by 56%. The National Treatment Ireland. Although everything is being done to Purchase Fund has also been successful in facilit- hire more therapists, I agree there is a lack of ating treatments for patients in private hospitals, them in the country at present. here and abroad. To date more than 38,000 patients have had treatment arranged for them by An Leas-Cheann Comhairle: Question No. 130. the National Treatment Purchase Fund and wait- ing times for elective surgery have fallen signifi- Ms C. Murphy: May I ask a brief supplemen- cantly. It is now the case that, in general, anyone tary question? waiting more than three months for surgery will be facilitated by the National Treatment Pur- An Leas-Cheann Comhairle: We have chase Fund. exceeded the time enormously on this question. As Deputy Twomey is aware, the Health Service Executive, through the National Ms C. Murphy: It is just a very quick sup- Hospitals Office, has lead responsibility to man- plementary. age and deliver the services provided in acute hospitals. The Department of Health and Chil- An Leas-Cheann Comhairle: We are way over dren will continue to work closely with the HSE the time allowed. in monitoring the delivery of acute hospital services to ensure that the postponement of elec- Ms C. Murphy: I am being told the public tive operations and procedures is kept to a service embargo is—— minimum.
An Leas-Cheann Comhairle: Has the Deputy Dr. Twomey: Even today a great number of a question? patients are having neurosurgical, cardiothoracic, orthopaedic and other major operations can- Ms C. Murphy: Yes. The public service celled. Basic diagnostic procedures, such as embargo will preclude the employment of the colonoscopies for bowel cancer, are being can- therapists in question unless administrators are celled on an all too regular basis. A report was lost. published in the Sunday Independent on 22 January 2005 which highlighted seven faulty work Mr. T. O’Malley: The Deputy may have been practices within our hospitals. I am sure the Mini- told that but it is not correct. It does not apply ster has seen the report. Why did none of these regarding people with disabilities. The problem is deficiencies in work practices turn up before the that we cannot get the therapists. However, we benchmarking process was implemented? Why are doing everything possible to recruit them were benchmarking payments awarded to all the from abroad. professionals in the health service when the seven work-related issues we read about in the report, Hospital Services. and which are obviously widely publicised, were 130. Dr. Twomey asked the Ta´naiste and Mini- not addressed? The Minister will have seen refer- ster for Health and Children her plans to prevent ences to them. They have been known to every the cancellation of elective operations and pro- Member for at least ten years and many of them cedures; and if she will make a statement on the have been commented on in this House for a matter. [3279/06] number of years. When commenting on the work practices Ms Harney: It is regrettable that some patients referred to in the report, the Minister used some have their operations postponed and I recognise very strong language. She was very critical and that this can cause inconvenience and stress for used phrases including “indefensible” and “highly them and their families. Every effort continues inefficient”. In light of this, why was nothing done to be made by the HSE and hospitals to keep about the work practices during the course of the cancellations to a minimum. However, due to past several years, during which period they were 1219 Priority 31 January 2006. Questions 1220
[Dr. Twomey.] new contract of employment that suits the public well known about? Why did they not turn up health care system in particular. That would when the benchmarking process was being con- greatly add to the system. For example, currently sidered? We expect the Minister to give us the only a consultant can discharge a patient. We are answers because, apparently, all the background too heavily dependent on junior hospital doctors, details on benchmarking have been destroyed of which there are 4,000 whereas there are 2,000 and we will therefore not be able to find answers consultants. We need to reverse that balance, in the records. which would greatly help, particularly in the dis- charge area. Instead of services being led by con- Ms Harney: It is always unacceptable when sultants, they would be delivered by them. That somebody has elective surgery cancelled. To put process proves highly successful in other coun- the matter in perspective, the percentage of can- tries and I have no doubt it will do so here also. cellations is between 2% and 3% per annum, although that is still too many. I was reading that Accident and Emergency Services. in the United Kingdom 15% of elective work is done by the private sector for these kinds of 131. Ms McManus asked the Ta´naiste and reasons. Minister for Health and Children, further to a The HSE recently commissioned process map- promise made on 26 January 2005 to deliver real ping exercises of ten of our acute hospitals to and measurable improvements to the accident examine their practices throughout the hospital. and emergency crisis within months, her views on Those exercises are now to hand, I have had an the fact that one year later, with reports of over opportunity to read them and they will be pub- 400 patients on trolleys across the country, the lished shortly. They form the basis for the HSE’s accident and emergency crisis has worsened and allocation of funds to those hospitals during this that the ten-point plan has failed; the steps she year. intends to take to address this crisis; and if she The recommendations will require major will make a statement on the matter. [3281/06] internal reform of how hospitals operate. For example, in the Cork area the time a patient Ms Harney: I do not accept that the accident spends in hospital is on average one day shorter and emergency action plan has failed. On the for every procedure than for the Dublin area — contrary, a wide-ranging approach has been I do not know why this should be the case. Much adopted by the Health Service Executive to of the difficulty clearly has to do with pressure, improve access to accident and emergency although I do not want to take from the fact that services, improve patient flows through accident there are many pressure areas, such as issues con- and emergency departments, reduce waiting cerning older patients and the speed at which times, free up acute beds and provide appropriate they can be accommodated in more suitable longer-term care for patients outside the acute accommodation when doctors medically dis- hospital setting. A particular focus of the action charge them. Issues also arise with regard to work plan has been placed on those patients in acute practices, discharge policies, length of stay and so hospitals who have completed the acute phase of on. These matters form the main basis of the their treatment and are ready for discharge to a reform now underway, which, in particular, will more appropriate setting. this year take the route of the funding allocations. The HSE has made considerable progress and I do not have information on the benchmarking is continuing to make sustained efforts in this exercise. I do not think it went into the kind of regard. A range of measures, including the pro- detail to which the Deputy refers, which was one vision of high dependency beds, intermediate of the flaws of the exercise. care beds in private nursing homes, additional beds in public nursing homes, home care pack- Dr. Twomey: Some \1 billion of taxpayers’ ages and enhanced subventions, have facilitated money was invested in professionals working in approximately 1,500 patients to leave acute the health services and benchmarking. Now it hospitals. In addition, \6.6 million is targeted at seems the Ta´naiste is seeking to scapegoat many increasing the level of home support available in of those working in the health services with this the community, which should assist in keeping sort of fast-tracking and some of the information people well in their homes and thus avoid the coming out of it, some of which is ancient news. necessity for presentation at accident and emer- I am surprised the Ta´naiste never tried to do any- gency in many cases. thing about this in the past. Within the context of the action plan, the HSE undertook an audit of efficiencies and process. Ms Harney: These difficulties do not arise in The study was conducted in ten hospitals, and its the private system which, to be fair, does not deal conclusions point to a number of areas for further with trauma and accident and emergency cases, improvement. These include strengthened dis- which cause many of the difficulties in the public charge planning processes, improved clinical system. I acknowledge that the health care system decision making at every stage and better co-ordi- is experiencing a major shortage of consultants, nation of and access to diagnostic services. A key which is why it is extremely important to get a action for 2006 for all hospitals with accident and 1221 Priority 31 January 2006. Questions 1222 emergency departments will be the full imple- in place? Is the Ta´naiste aware that the one mentation of the efficiency audit recom- hospital that has managed to provide this kind of mendations. In tandem with this, a programme of unit, St. Luke’s in Kilkenny, was penalised and financial incentivisation will be introduced, aimed fined by the Ta´naiste during the past year? at rewarding those hospitals that are meeting What is the delay with regard to the out-of- agreed performance targets and facilitating over- hours service in north Dublin, which was prom- all improved performance. ised over one year ago? While there was an The HSE will continue to maintain a focus on urgency about it at that time, there does not now the implementation of system-wide measures to seem to be any urgency from the Ta´naiste. Why further improve the delivery of accident and has the service not been put in place? There is emergency services. clearly a desire among general practitioners in north Dublin to provide it. What is happening Ms McManus: The Taoiseach recently stated that the Ta´naiste cannot even provide that simple publicly: measure? At what locations is GP access to diag- People say so what, what about Joe and nostics available and how many GPs can access Mary down in A&E. They shouldn’t be on a diagnostics in this new and desirable way? What waiting list. I think it’s a pity that people are so improvements have been made with regard to unintelligent, actually. palliative care and where have they been made? All of these matters were contained in the Does the Ta´naiste agree with him? Ta´naiste’s ten-point plan.
Ms Harney: I was abroad when the Taoiseach Ms Harney: Absolutely. With regard to acute gave the interview. To be fair to the Deputy, I do medical units, AMUs, to which the Deputy not know whether she is quoting him out of con- referred, a number of hospitals, including St. text. However, the Taoiseach is more than aware James’s Hospital in Dublin, have them. A of the difficulties and pressure in accident and number of other hospitals sought to completely emergency units. He may have been suggesting over-spec what the HSE and the Department felt we should put matters in context, although that is was required. If people in the health care system not to justify what happens from time to time — think a pot of money is available, they sometimes on too many occasions. feel they have to go for the largest possible slice Each day, approximately 4,000 people present of that money as a cure for all their ills. The HSE at accident and emergency units. Even on the made a decision, with my support, that until we worst days — there was a very bad day two weeks knew the outcome of the mapping exercise, which ago — fewer than 10% of those who presented was examining all the internal functions of the were on a trolley overnight, although that figure hospital, we would not allocate additional funding is still far too high. All our efforts are focused to be spent in the same way. That exercise, which on finding alternatives, particularly for those who will be published shortly, hospital by hospital, have been medically discharged from the acute details a significant number of interesting facts. phase to better settings — they are better for a host of reasons — and improving access to diag- For example, in some hospitals 100 staff work in nostic facilities. Work is underway in that regard, accident and emergency units and deal with 100 although the facilities have not been put in place. patients a day, a ratio of one staff member to one We have gone to tender with regard to improved patient. A patient must often go through a primary care, particularly on the north side of number of layers before he or she can get near a Dublin, as this is an issue which is placing huge staff member to treat him or her. pressure on some of the hospitals on the north The doctors on the north side of Dublin sub- side of the city. mitted a tender which the HSE felt was not I assure the Deputy that the Taoiseach is very adequate to provide the service. I understand the sensitive to the difficulties being experienced by HSE is in discussions with the doctors on the too many patients at accident and emergency north side of Dublin. Professor Drumm recruited level in some of our hospitals. Dr. Sean Maguire, who set up the first out-of- hours facilities in the UK and, subsequently, in Ms McManus: I would hate to see the Ireland. He is a doctor with huge experience in Taoiseach not being sensitive if that is the kind of this area and is currently spearheading the dis- statement he can make about distressed relatives. cussions on the out-of-hours facilities with the Let us deal with the real and measurable doctors on the north side of Dublin, which I improvements the Ta´naiste promised would understand will be completed soon. occur within months of her statement last The MRI scanner for Beaumont is a second January. How many minor injury units and chest scanner. I understand a mobile facility was to be pain and respiratory clinics have been provided acquired. The hospital is in a position to make and where are they located? Is the MRI scanner that happen very quickly. for Beaumont Hospital in place and, if so, for As the Deputy is aware, public procurement how long has it been in place? How many of the means that although a decision may be made acute medical units promised by the Ta´naiste are today, unfortunately it takes many months before 1223 Other 31 January 2006. Questions 1224
[Ms Harney.] marathon to raise approximately \13,000 per some of these developments can happen, for year. It may not be a significant electoral issue good public procurement reasons. but 500 families experience this trauma every The focus on accident and emergency services year. People often face delayed trauma many is thorough and robust. I had a meeting with the years after the original event. These people often Health Service Executive yesterday which dealt need the service provided by a support group and with many of these issues, particularly care of the ISANDS provides them with such a service on a elderly. A package worth \150 million has been voluntary basis. made available for this purpose. If this money is Can the Ta´naiste assist ISANDS in any way? used to support people at home, it will have a The former Minister for Health and Children, major impact on the flow of patients through Deputy Martin, stated that he would provide hospitals. ISANDS with an office. Will the Ta´naiste give me a commitment that she will provide the Other Questions. society with proper office facilities and proper annual funding so it can conduct its business? ———— What is the function of the Ta´naiste’s national lottery fund? How much does it contain and how Departmental Funding. is it dispensed? 132. Mr. Gormley asked the Ta´naiste and Mini- Ms Harney: I strongly support ISANDS, which ster for Health and Children the purpose of a contribution of \30,000 made to the Irish I met recently in Glasnevin a few months ago. Stillbirth and Neonatal Death Society from lot- Like Deputy Gormley, I know of many people tery funds; and the purpose of a separate pay- affected by stillbirth who receive considerable ment of \30,000 to ISANDS by the Health consolation and support from ISANDS. Accord- Service Executive. [3086/06] ing to the HSE, ISANDS’s annual requirements are in the region of \35,000. The society has not Ms Harney: The Irish Stillbirth and Neonatal yet received funding for 2006. I am not aware of Death Society, ISANDS, provides support the commitment made by my predecessor, services to parents and families of babies who are Deputy Martin, but I will examine the matter. stillborn or who die around the time of birth. The The commitment is not included in the brief I society has been funded by the former Eastern received for the question. Regional Health Authority and, latterly, the The national lottery grant from the Depart- Health Service Executive, HSE, since 2001. ment of Health and Children is advertised. The \ In 2005, the HSE grant amounted to \35,000. Department receives approximately 5 million In addition, a once-off grant of \30,000 was pro- per annum from the national lottery. There are vided by my Department out of national lottery usually ten times more applications than the funding. It is a condition of this grant that certifi- available funding can cover. It is a slice of grants cation of expenditure be submitted to the Depart- from the national lottery in any one year that is ment as soon as possible after the end of the 2005 made available to the Department. The grant financial year. My Department is advised by the always goes towards once-off expenditure items executive that the approved funding was used by and generally goes towards capital expenditure. the society in 2005 to help support its activities, For some reason, the society received no money including telephone support for bereaved in 2003 and experienced a serious shortfall. I families, publication of newsletters and services understand the national lottery grant helped to of remembrance. clear this shortfall. I am happy to meet ISANDS and will be very sympathetic to any particular Mr. Gormley: I think the Ta´naiste will agree requirements it may have. with me that ISANDS carries out tremendous work. The purpose of my question was to ask why Mr. Gormley: Does the Ta´naiste agree that the society received a once-off payment in 2005. insult was added to injury when stillbirth was not The society takes 5,500 calls per year. In addition, included in the Madden report? In 2005 and 2004, it must hold meetings throughout the country, ISANDS was inundated with calls from people hire hotel rooms, which often cost approximately who experienced additional suffering because of \300 per night, and send off newsletters to its the organ retention scandal. Funding must be a members and others who have been bereaved. priority. I would appreciate it if the Ta´naiste Such newsletters cost approximately 96 cent each made every effort to assist these people. to post, which amounts to approximately \2,000 in total. Ms Harney: ISANDS is more than aware of my The society has spent approximately \79,000 support for it. The Madden report recommended on its excellent work at the old holy angels plot the establishment of a working group to examine in Glasnevin cemetery, where 50,000 babies are how its findings in respect of organ retention buried in unmarked graves. It is shocking to think could be applied to stillborn children and adults. that the society depends on the Dublin mini- We are in the process of establishing this working 1225 Other 31 January 2006. Questions 1226 group and will invite ISANDS to be a representa- private acute service providers, promoting tive on it, which will be very important. greater competition in the supply of hospital services and offering improved quality and choice Hospitals Building Programme. to all patients. Attached to the policy direction was an assess- 133. Mr. Coveney asked the Ta´naiste and Mini- ment framework which the HSE has been ster for Health and Children the person who is in requested to follow in respect of proposals to charge of the implementation of her plan to build locate private hospital facilities on public hospital private hospitals on the sites of public hospitals; sites. It requires that the evaluation should have and if she will make a statement on the regard to a detailed assessment of need and exist- matter. [3016/06] ing and planned capacity on a particular site and within the relevant region. It should also provide 135. Mr. Allen asked the Ta´naiste and Minister for a rigorous value for money assessment of any for Health and Children if it is her view that the proposal which would take account of the value issue of whether private beds are built on public of the public site and the cost of any tax expendi- hospital sites is a matter for the Health Service ture. In addition, it will make clear the need for Executive (details supplied); and if she will make adherence to public procurement law and best a statement on the matter. [3014/06] practice. Since the publication of the policy document 140. Ms Lynch asked the Ta´naiste and Minister by my Department in 2005, the HSE has received for Health and Children the number of proposals expressions of interest from six major companies the Health Service Executive has received to for the development of private hospitals co- build private hospitals on public grounds to date located with public hospitals. Each company in 2006; the location of same; the number which expressed an interest in more than one site. The have been accepted; and if she will make a state- HSE has ultimate responsibility for the imple- ment on the matter. [3031/06] mentation of this policy and I expect to see pro- gress in this regard over the coming months. The 199. Mr. Coveney asked the Ta´naiste and Mini- chief executive officer of the HSE has stated to ster for Health and Children the role of her the Joint Committee on Health and Children that Department and the Health Service Executive in the Government’s policy regarding private her plan to build private hospitals on the sites of hospitals on public grounds has never been an public hospitals; and if she will make a statement issue for the HSE. on the matter. [3050/06] Dr. Twomey: I take it that the HSE is respon- 207. Mr. Allen asked the Ta´naiste and Minister sible for implementing this plan. However, the for Health and Children if it is her view that what proposals issued by the HSE in respect of the new the private sector does with developments in consultants’ contract only mention public-only terms of its hospital structure is very much contracts. The Ta´naiste will find it difficult to between Government and the private sector square the circle if public-only contracts are the (details supplied); and if she will make a state- only contracts up for negotiation. The new ment on the matter. [3015/06] private hospitals must be run by consultants who have either private-only contracts or public- Ms Harney: I propose to take Questions Nos. private contracts. The fact that we could not get 133, 135, 140, 199 and 207 together. right for six months the tendering for the out-of- The Government is committed to exploring hours general practitioner service in north Dublin fully the scope for the private sector to provide does not bode well for the Ta´naiste’s plans for additional capacity in the health system. In this private hospitals. It does not bode well if consult- context, my Department issued a policy direction ants are to have public-only contracts and these to the HSE last July aimed at freeing up private hospitals are to be supported by the HSE, additional beds in public hospitals for public which is very lukewarm about the proposal. How patients. This will be achieved through the can the circle be squared? development of private hospitals on the sites of Is the HSE responsible for hiring consultants at public hospitals and the transfer of private the moment? Comhairle na nOspide´al no longer activity to those hospitals, thereby freeing up exists. Who is responsible for approving and capacity for public patients in public hospitals. implementing consultant positions? Is it the The initiative is expected to provide up to 1,000 responsibility of some official in the HSE or can additional beds for public patients over the next the HSE simply appoint consultants as it suits it five years. It brings together different elements of as soon as the consultants’ contracts have been Government policy in a coherent and practical renegotiated? way with the aim of increasing bed capacity for public patients, encouraging the participation of Ms Harney: The HSE is responsible for hiring the private sector in generating extra capacity, consultants and Comhairle na nOspide´al has maximising the potential use of public hospital been subsumed into the HSE since the end of sites, promoting efficiency among public and December last, which makes sense. 1227 Other 31 January 2006. Questions 1228
[Ms Harney.] desirable. It would not be attractive enough for Consultants are currently contractors in the those who have a big private practice. health care system and are not employees of the We wish to see a new contract focused on hospitals. We wish to move to them being patients not on whether patients will pay in public employees. A public-only contract commits the hospitals. We wish to see a review clause in the individual to work on all patients that come into contract as it is not desirable to have a contract a specific hospital for a particular salary. There which is not subject to review at least every five would be no incentive with regard to remuner- years to ensure it is meeting the needs of the ation received for a doctor to take one patient health care system. There is no difficulty in what over another, and this would be a desirable is being put on the table for discussion. We need scenario. to employ, as I acknowledged earlier, more than There are roughly 2,000 consultants at the 2,000 more consultants in the health care system moment. There are approximately 500 consult- over the coming years. We should employ them ants in what is termed as category 2, which means on the basis of a contract that serves the needs of they work on-site in public hospitals the public health care system in a better fashion 4 o’clock and off-site in other places. There are than the current contract arrangements. approximately 1,500 consultants in what is termed as category 1. These can carry out Ms McManus: Does the Minister accept that public and private work on one site. Very few do what she is doing is deepening the divide between not have a private practice. It has been decided public and private patients within the health that no more category 2 consultants will be service? This will surely raise questions for her employed. Private hospitals must move to with regard to entitlement. She must be aware employing their own staff. that everybody in the country, including the Mini- There are 2,500 private beds in public hospitals, ster, is entitled to access public care. Is she being for which the hospitals get paid by insurers in any naive in thinking that by building private one year. One Dublin hospital only gets paid for hospitals on public land, private patients will approximately 20% of the beds, although 46% of automatically go to the private hospital despite the beds are used for private work. This is an being entitled to go to a public hospital? Private incredible statistic at one level. The idea behind patients will presumably continue to exercise this the hospital initiative is to remove private beds entitlement. Does the Minister intend to take from the public hospital system and convert these away this entitlement from people with current to public beds for use by public patients. This is health insurance? This would be a major action the reverse of how it is being presented in some and the Minister should comment on it. quarters. The role of the HSE is to assess appli- With regard to capacity building in the public cations, and there have been six different hospital sector, does the Minister recognise the financial loss in providing generous tax breaks to expressions of interest. The HSE will shortly for- the private and for-profit sector? This is essen- mally go to tender to receive expressions of tially a new player in the provision of Irish health interest. services. A generous attitude is being taken by The HSE will have to consider whether needs the Minister, as well as the Minister for Finance, are being served in a particular area. It may be Deputy Cowen, in this regard. This is a loss to the case that there is adequate private provision capacity building where it is needed most, in the in a specific area and it may not make sense to public hospital sector. create another private facility. It may also be that Does the Minister accept that the sector is not capacity is such in a public hospital that it would competitive? The Minister has the idea that these not make sense to have another facility co- hospitals will compete, but there will not be com- located. In the context of a new contract, these petition between the two unless a system similar hospitals may well supply services and occasion- to that of the US is implemented. Private ally supply staff to the public system, rather than hospitals there must provide accident and emer- the other way around, or the public system sup- gency services. How can a public hospital com- plying private facilities with staff. pete with a private hospital when the public We will be in transition for some time as the hospital is required to provide accident and emer- existing consultants’ contract has no review gency services and correctly does so for everyone, clause and is therefore a legally binding docu- regardless of whether a patient has health ment for all consultants who have it until they insurance? retire. The timeframe is at least another 20 years I have a question regarding the loss to acute or more depending on whether one takes the public hospitals. These are currently able to gar- view of these consultants retiring at age 60 or 65. ner some of their income from private patients so Our current cohort of consultants have a legally will the shortfall be made up? How will the Mini- binding contract that entitles them to public and ster prevent cherry-picking by the private private practice, either on-site or off-site. This is hospital sector, which will be looking for profit? the transitional arrangement we will have for the Profit and making money for investors will be the next 20 or 25 years, unless everybody opts for a motive and nobody can complain about it. How new contract, which is unlikely despite being will the Minister prevent a scenario where 1229 Other 31 January 2006. Questions 1230 hospitals carry out many procedures that are not approaches. We must ensure the public hospital a high priority but are lucrative? Meanwhile, system treats patients and is not obsessed with public patients will attempt to cope and access whether they have private health insurance or are care in a public hospital sector that is deprived of in a position to pay more than others. I cannot necessary funding and incapable of competing conceive any way to make that happen as long as with private hospitals that have tax breaks and do there is an incentive to take one patient in prefer- not have a requirement to provide accident and ence to another, which is what sometimes hap- emergency services. There is not a level playing pens. It is not satisfactory and leads to cancel- field, although this is an argument put forward by lations, difficulties and unnecessary delays for too the Minister. many public patients. The Minister should consider what she is doing because this is ultimately not the way to go. This Mr. Gormley: The Ta´naiste and Minister for process will create further division and inef- Health and Children famously said Ireland was ficiencies with regard to value for money in the closer to Boston than Berlin. Given the sheer health service. inequity of the US health service why does she support the Americanisation of ours? Does she Ms Harney: The Deputy appears to misunder- agree that a for-profit motive is at work in the US stand what is happening. Everybody is entitled to that leads to profit before people? Has she heard access our public hospital system and I wish to Dr. Risteard Mulcahy and Mr. Maurice Nelligan see that continue. However, I wish to see patients on the subject? They say that public patients are selected into a public hospital system on the basis under-treated and private patients are often over- of medical need, not on the basis of whether they treated because money is involved. The gap will have private health insurance. This is what cur- widen in such circumstances and it is not good for rently happens. There are 2,500 private beds in the patient. Have they got it wrong and misunder- the public hospital system. Of the workload of stood the Ta´naiste? Have we who agree with one Dublin hospital last year, 46% was elective them also misunderstood the concept? work on private patients. Approximately 31% of the hospital’s accident and emergency cases were Caoimhghı´nO´ Caola´in: Is the Ta´naiste and private patients. This is not fair to the public Minister for Health and Children aware that the hospital system. Minister for Finance is unable to tell us the cost The public hospital system received approxi- to date of tax relief for developers of private mately \200 million from insurers in 2003, hospitals? In response to a parliamentary ques- although work valued at \581 million was carried tion last month he was unable to tell me the out. This is not a good return. Private hospitals names and locations of hospital developments account for 40% of open heart surgery. I am not that have benefited. Is the Ta´naiste aware that arguing that private hospitals are the panacea for the Minister for Finance, her colleague, con- all illnesses in the country. However, converting firmed that the criteria for qualification for these 1,000 private beds for use by public patients tax reliefs were based only on the capacity of makes much sense from the perspective of the each hospital and not on any assessment of public public patient. It does not make sense that some health need at local, regional or national level? people can access the public hospital system more Does the Ta´naiste not agree that the money spent quickly than others. on these reliefs would be far better employed in Everybody is equal in the accident and emer- direct investment in our public health system? gency area. This is because no extra fee is given Does she not agree that these reliefs enrich those to the consultant on the basis of whether a patient who are involved in private hospitals and such has health insurance. This is a bone of contention facilities for profit only? Does she not agree that with accident and emergency consultants. fact and the fact that she perpetuates the system However, we cannot have preferential treatment runs contrary to her statement of last month, at accident and emergency level. Unfortunately, when she said: “The reality is that if you have if anybody has a financial incentive in preferring private health insurance or can afford to pay you one patient over another, it very often happens. have speedier access to our health system and To the best of my knowledge, in health care that is something I want to change”? They are systems all over the world, including Sweden, one fine words but how is the Ta´naiste’s approach of the most socialised countries in Europe, many achieving that? private operators have been brought in to run public hospitals. Ms Harney: If I take 1,000 private beds out of I can imagine the reaction I would get if I the public hospital system and convert them to announced that here but that is what they have public use that would be a major achievement. done. The Labour Government in the UK has Deputies opposite seem to suggest I leave it as announced and begun to implement a policy it is. whereby 15% of all elective work will be done by private operators. Patricia Hewitt, in an interview Mr. Gormley: We do not. with the Financial Times yesterday, said it was for reasons of efficiency, so there is a role for both Caoimhghı´nO´ Caola´in: Absolutely not. 1231 Leaders’ 31 January 2006. Questions 1232
Ms Harney: Every party supports tax relief for The matters raised by Deputies Stanton, films and other things such as urban renewal Timmins and Cowley have been selected for which have all been worthy schemes that have discussion. achieved fantastic results. We do not, however, seem to be capable of supporting, through tax Leaders’ Questions. measures, sensible investment in the health care system. If we can attract investment into the Mr. Kenny: Before I get into the substance of health service through private financing we would the question I ask that the Taoiseach dissociate be very foolish not to consider such oppor- himself from the remarks made by the Minister tunities. We should only support them if they suit of State at the Department of Education and a public hospital system because it would not be Science with special responsibility for children sustainable in every situation. yesterday evening when he alleged that Fine Gael At the moment private hospitals are emerging was a racist party. I ask the Taoiseach to instruct in various places completely outside the public him forthwith to withdraw that remark. It is not hospital system. This is a measure whereby the racist to ask legitimate questions about where public and private systems can work closely taxpayers’ money goes, nor is it racist to point out together to provide services for patients and the that the Government has not done its sums and conversion of up to 1,000 private beds for use by that the scheme announced by the Minister for public patients is just such a measure. Finance to help parents of all nationalities with the high cost of child care in Ireland now appears Mr. Gormley: It is the Americanisation of our to be open to children not living in the country. health services. On 7 December 2005 the Minister for Finance, in the Budget Statement, said “the Government An Ceann Comhairle: We must conclude acknowledges the continuing cost pressures on questions. parents, particularly those with young children”. He then announced the early child care sup- Ms Harney: Converting private beds to public plement of \1,000 for every child under six. The beds is nothing to do with the American system. costing of \353 million was, he said, based on The Deputy does not know what he is talking 350,000 children who are under six. In the about. Taoiseach’s speech he said it constituted realistic and effective support for families and children Mr. Gormley: Has Mr. Nelligan got it wrong? facing the pressures of life in a modern dynamic Has everybody misunderstood? economy. The Government does not have a great track record on budget day announcements, be it Ms Harney: He was a big investor in a private on pre-1953 pensions or the estimates for medi- hospital, or am I wrong? cal cards. It is clear, therefore, that the purpose of the Written answers follow Adjournment Debate. early child care supplement is to help parents with the cost of child care in this country. Will Adjournment Debate Matters. the Taoiseach explain why the supplement will An Ceann Comhairle: I wish to advise the now be payable in respect of children who do not House of the following matters in respect of live in Ireland and whose parents do not, there- which notice has been given under Standing fore, face the same high costs of child care? How Order 21 and the name of the Member in each does he explain to taxpayers in Ireland that part case: (1) Deputy Naughten — the need for the of what they pay in tax goes toward the cost of Minister for Agriculture and Food to suspend all child care in other countries, when the clear parts of the European Communities (Good Agri- intention of the measure was to be an early child cultural Practice for Protection of Waters) Regu- care supplement to deal with child care costs in lations 2005; (2) Deputy Morgan — the need for Ireland? the views of the Minister for Enterprise, Trade and Employment on the sacking of a shop stew- The Taoiseach: Under EU regulations migrants ard of the union Mandate from their position at from EU member states working in Ireland Dunnes Stores in Crumlin; (3) Deputy Timmins whose dependent children are resident in their — the need for the Minister for Defence to out- own country are entitled to claim child benefit line the situation with respect to the employment here for children, either in full or as a top-up, if of a person (details supplied) with Irish troops in there is an equivalent payment but at a lower rate Liberia; (4) Deputy Cowley — the need for the in their country of origin. That has been the posi- Minister for Environment and Local Government tion since 1971. to explain the reason sheep farmers in County This arrangement has been there for 36 years. Mayo are being asked to remove stock for six Obviously, the numbers have been low over those months of the year; and (5) Deputy Stanton — years and this regulation is designed to facilitate the plans of the Minister for Agriculture and people who wish to move to and work in different Food regarding the growing and processing of member states. We have had reciprocal arrange- sugar beet in the current year. ments here since 1 January 1973 for a whole 1233 Leaders’ 31 January 2006. Questions 1234 range of areas which have worked for the benefit Taoiseach is now indicating that the Government of Irish people moving abroad, as happened in has some discretion in this matter. If he had the 1970s and 1980s when the flows from this linked this to child care costs here, which was his country were 30,000 to 40,000 per year. They intention, he could have done it by having a were able to receive these benefits. To moan and vouched system for bona fide child care facilities groan because it has turned the other way, now and their costs in Ireland. that 2 million people are working here and people I understand it was claimed last night on the are coming to this labour market, is a bit sad. In nine o’clock news that 25% of the 100,000 Polish the past, there were benefits for Irish people who people resident here have children in Poland. emigrated to other EU countries with far more What is the cost, in the Government’s calculation, generous social welfare systems than ours. Recent of that? Half an hour ago, the Taoiseach benefit increases here, EU enlargement and net informed me that, in child benefit cases, we would immigration have reversed the effects. Ireland be talking about fewer than 2,000. I do not know has long benefitted from these reciprocal what figures his assumptions were based on in the arrangements and continues to do so. I men- first place. Can he tell me whether there is a fig- tioned earlier that, under EU regulations, the ure at which a review of this would be triggered? Irish health service benefited to the extent of \420 million last year as a result of similar Will that be 1,000, 2,000, 10,000 or 50,000 children benefits for people now in Ireland, many of living outside Ireland? If the Government has whom are returned emigrants. discretion, why does it not focus its resources on Our advice is that this reciprocal approach, children of all nationalities living here, as distinct which has existed since 1971, also applies to the from what it has now done? early child care supplement. To do anything else on budget day would be to say that it was all right The Taoiseach: One does not have discretion for that arrangement to apply in the case of child in reciprocal arrangements but, in some cases, benefit, as it did for the past 36 years, but, people administer their systems differently. As I because we are enhancing the position for our said earlier, it is always good for us to know how own people, we are in some way going to block people administer systems. Reciprocal arrange- that off. The figures for child benefit are about ments are applied across Europe and regulation 1,800 and, for children, about 4,000 under-18s, 1408/71 has been around for all those years. one quarter of whom are under six. The With regard to the figure, the Department of additional money, in a budget of \350 million, Social and Family Affairs states that currently would be \1 million. Are we to be real scrooges there are about 1,800 child benefit claims, made and change a 36 year-old regulation to save \1 in respect of approximately 4,000 children under million in a calendar year? We did not do that the age of 18 by EU nationals with children resi- but, if we did, there would be people in here call- dent in other member states. Assuming that one ing me the biggest racist that ever was. Let us not quarter of those children are under the age of six, have a lecture on this. the additional annual costs for such children will be approximately \1 million. I would like to see Mr. McCormack: Why not? what other countries do in reciprocal arrange- ments but in health, where we received \400 mil- Mr. Kenny: Nobody will give the Taoiseach a lion last year, we should not start to close off lecture. I ask him again to dissociate himself from arrangements. Perhaps people will interpret it as his Minister of State, who branded the Fine Gael being generous or assume we do not have these Party racist yesterday evening, and request that arrangements but we must remember that Irish he ask the Minister of State to withdraw his people, under this very arrangement, were ben- remark. If the Taoiseach wants any co-operation in this House, he ought to do that in his reply eficiaries for many years. because I will not stand for that kind of allegation Deputy Kenny raised the issue of vouched from him or any of his Ministers. arrangements. I do not think much of such arrangements, quite frankly. If I was the Deputies: Hear, hear. Deputy——
Mr. Kenny: It is beneath the Minister of State, Mr. Hayes: The Taoiseach would not. It is our Deputy Brian Lenihan, in particular, to draw idea, so why would he? down a remark like that. It is not in keeping with his or his family’s tradition and I ask the The Taoiseach: ——I would re-think it. I will Taoiseach to end the matter in his reply. explain why. I went through these arrangements By calling this a top-up payment, the Govern- and discussions at great length last year and sat ment has landed in its current difficulties. in on all the meetings. The Deputy’s vouched Nobody is moaning and groaning and, as I said, arrangement would automatically exclude women it is not racist to ask a legitimate question about in the home and that is not very bright. legitimate taxpayers’ money going towards the child care costs of children in other countries. The Dr. Twomey: They do not have to. 1235 Leaders’ 31 January 2006. Questions 1236
Mr. D. Ahern: Where would she go with her The Taoiseach was reported as having been con- voucher? tacted by Deputy Cullen. Of all the hare-brained, half-baked and off the top of the head misman- Mr. Durkan: Nonsense. aged solutions to problems, this beats anything that either Deputy Cullen or this Government Mr. D. Ahern: A useless voucher. has come up with to date.
An Ceann Comhairle: The Taoiseach, please. Mr. McCormack: That would be hard.
The Taoiseach: Deputy Kenny should have Mr. Rabbitte: Is there any understanding over another look at that. I do not consider the Deputy there, from those who are driven around the or his party racist. place, of the punishment taken by long-suffering motorists? The prospect of installing four new Mr. Kenny: Thank you. tolls on what is now a distributor road for this city—— The Taoiseach: I did not hear the comment and I do not want to get into it. Mr. Cullen: Who said that? I never said it.
Mr. Ring: He has a few of them in his own Mr. Rabbitte: It is from the Minister and his party. briefers.
Mr. Durkan: The Minister of State, Deputy Mr. Cullen: I never said that. Brian Lenihan, is coming in himself. An Ceann Comhairle: I ask the Minister to The Taoiseach: However, I would not like any- allow the Deputy to speak without interruption. one to try to turn a \350 million budget and say this could cost us a little more and that we should Mr. Rabbitte: If the Minister, Deputy Cullen, highlight that. seeks to proceed with this, the motorists on the M50 will string him up from the nearest gantry Mr. Connaughton: What are the figures? He and they would be right to do so. did not know them yesterday. (Interruptions). The Taoiseach: I have given the figure. We cannot have it both ways. Mr. Rabbitte: The Minister should stay quiet; I have only two minutes. He had his opportunity at Ms O. Mitchell: He made up the figure the weekend. overnight. A sum of \500 million to National Toll Roads The Taoiseach: Let us stop this. We cannot and a loss of revenue to the State estimated by DKM Consultants to be \900 million between have a position where Irish people who go abroad \ have reciprocal benefits, left, right and centre, but now and 2020 totals 1.4 billion, which is the when somebody from another member state amount of money the Minister claims he will raise comes in here, we close them off. on the new tolls. The M50 is now a distributor road for Dublin. As well as this, the Secretary (Interruptions). General of the Department of Transport informed the Committee of Public Accounts that The Taoiseach: Let us not try to back two 2,200 additional trucks will go on to the West horses in a one-horse race. Let us stop that. Link bridge as soon as the port tunnel opens. This, she said, is the equivalent of 6,600 cars or Mr. Durkan: Deputy Lenihan wants to make the annual increase in the rate of traffic over the a statement. bridge. The Minister’s solution after 2008 is to buy Mr. J. O’Keeffe: Why did the Government not NTR out and open four new tolls. What will hap- follow the advice of the all-party committee? pen in the two years between now and 2008?
(Interruptions). Mr. Connaughton: Nothing.
An Ceann Comhairle: Allow Deputy Rabbitte Ms O. Mitchell: Chaos. to speak without interruption. Mr. Perry: There will be a change of Mr. Rabbitte: Will the Taoiseach say if it is Government. true, as was quoted in the newspapers, that he approved the proposals from the Minister for Mr. Rabbitte: Why, for example, did the Mini- Transport, Deputy Cullen, for selling out the toll ster not opt for an arrangement whereby one on the West Link bridge and the imposition of moves the toll plaza to a more appropriate site, four gantries and four new tolls along the M50? introduces electronic, barrier-free tolling, for 1237 Leaders’ 31 January 2006. Questions 1238 which there is no technological impediment, Any decisions are subject to two conditions: throws open the bridge in the six or nine months the carrying out of the full examination of traffic this would take to do and pays the rent to flow on the road and an examination of the kind National Toll Roads? I accept the Minister is con- of new arrangements that could be put in place. strained by the nature of the contract entered into The NRA will have to come back to Government by Mr. Pa´draig Flynn and Mr. George Redmond. on this. I am not too sure when it will do so but—— Mr. Cullen: What about Mr. Liam Kavanagh who drafted the contract? Ms O. Mitchell: After 2007, I would say.
Mr. Rabbitte: I accept the Minister is con- The Taoiseach: ——no decision made on those strained but even within those constraints he issues and no scheme has been presented. could have devised a deal that was in the better Yesterday saw the beginning of the upgrade of interests of the Irish taxpayers and motorists, on the M50, which is a phased project involving whom he now proposes to impose four new tolls about \1 billion. The first phase will cost approxi- for a distributor road. It is outrageous. mately \250 million. By the commencement of the second phase, we would like to see the toll Mr. Ring: It is worse than electronic voting. plaza replaced by electronic tolling. In fact, we would like to see that done more quickly. I am Mr. Allen: I advise the Minister to keep away not sufficiently technically knowledgeable in this from anything electronic. area to know why it takes the period stated but that is the view of the experts. I and the Ministers The Taoiseach: No decision has been made must accept their advice that it will take two about any new toll road locations on the M50. years. Obviously, all the other issues in Transport 21 Ms O. Mitchell: That is another change from will come into play over a period. There is a prob- yesterday. lem in the interregnum and there is no doubt about that. However, discussions are ongoing The Taoiseach: There has been no change since about the traffic plan that will have to be com- yesterday or from last week. There is no such pleted over the next few months and about how arrangement. The National Roads Authority has quickly alternative arrangements can be put in made a number of arrangements, one of which is place. No decision has been made by the Minister to terminate the discussions with National Toll or the NRA—— Roads relating to the upgrading of the West Link toll facility. It was considered that a satisfactory Mr. McCormack: It will not be made until after commercial and strategic solution that met the the general election. objectives of the NRA for the development and The Taoiseach: No, it will come up for dis- management of the M50 could not be achieved. cussion in October when the traffic flow—— The NRA has tried for some considerable time to come to an agreement with NTR but those dis- Mr. McCormack: Which October? cussions have failed and the authority will not continue with them. The reason is that the NRA The Taoiseach: This October. believes it would infringe on national and EU procurement rules and a number of other Ms O. Mitchell: What are the alternatives? arrangements. On the zero rate of the West Link toll from The Taoiseach: We will have to wait to see the mid-2008 and compensation for NTR in accord- alternatives when the traffic flow plan is com- ance with the West Link agreement, which stands pleted, which was part of the original Bord until 2020, it is the view of the NRA that the pro- Pleana´la decision. One of the conditions was that cess will take about two years. First, it will carry the NRA would have to produce a traffic plan out the strategic management examination of and present it to the Department and the Mini- traffic flow on the M50, which, subject to my ster. The Government would then have to make memory being correct, will be finished towards a decision but we cannot do so until we see the the end of this year, in October or November. comprehensive traffic plan, which is due to be fin- Then it will invite tenders for electronic tolling on ished in October or November. the M50 to replace the plaza arrangement in place and bring the tolling more into line with Mr. Rabbitte: I do not know whether that what is in other countries by using what is known leaves the Minister for Transport, Deputy Cullen, as the Hong Kong model. Hong Kong was the hanging on one of his virtual gantries and the first place to introduce electronic tolling, which is Taoiseach is backing off or whether the far more efficient. The NRA will invite tenders Taoiseach is, as usual, playing with language. for the design, building and operation of a multi- What he actually said was that no decision has point, free flow, barrier-free toll regime on the been taken about the location of new tolls. I have M50. been raising this question, as have other col- 1239 Leaders’ 31 January 2006. Questions 1240
[Mr. Rabbitte.] Mr. Cullen: Deputy Rabbitte is twisting the leagues in this House, for more than five years facts completely. That was a typical Labour and now the Taoiseach informs me that although Party attempt—— the Minister went on television on Friday night and his staff briefed all the newspapers for Satur- Mr. Durkan: The Minister should not take it day, no decision has been made. What exactly is out on others. going on? Why would one need to embark on a new traffic study if one was not planning new An Ceann Comhairle: The Taoiseach, without tolls? Does any Minister in the Cabinet need to interruption please. be told about the traffic congestion on the M50? The Government proposes to impose three or The Taoiseach: In the remaining minute, I will four new tolls on that congested road. This is try to answer some of the issues. Deputy Rabbitte absolutely daft. asked if decisions were made and if I sanctioned Where does the Taoiseach’s statement about them. Decisions were not made except on the the NRA pulling out of the negotiations leave us, issues I raised. Deputy Rabbitte asked if a having regard to the watertight contract NTR decision was made to put multi-tolling on numer- appears to have? Where do we proceed from ous points on the M50 and the answer is no. here? What about the two years when the initial refurbishment takes place and the grade separ- Mr. Rabbitte: Why did the Taoiseach brief the ations are installed? The situation will get newspapers on it? immensely worse as a result of the traffic coming The Taoiseach: It was not announced. On com- out of the port tunnel and the Taoiseach says that pletion of the NRA’s toll demand management there is no immediate prospect of any alleviation study, which it must complete under the arrange- for the long-suffering motorist. As I understand ment and which is expected in October or it, far from the Government being involved in November, the NRA will submit specific pro- detailed discussions about the future, it was only posals for the future tolling of the M50 to the after the row at the Committee of Public Minister. It is not envisaged that we will eliminate Accounts that there was any serious engagement tolling on the M50. There will be proper public on the side of the State, either from the Depart- consultation and involvement. ment or the National Roads Authority. Mr. Rabbitte: That is the opposite of what the Mr. Cullen: That is rubbish. It is nonsense. The Minister told us. The Taoiseach should send him Deputy’s party is calling on me to man-manage off with Ivor Callely. the project while the Deputy is saying something entirely different. The Taoiseach: While the NRA may implement tolling schemes on a statutory basis, Mr. Rabbitte: There is a solution. the agency fully accepts that to make policy decisions of this significant type, when it has com- Mr. Cullen: The Deputy is speaking out of both pleted the demand-led study, it must come back sides of his mouth at the same time. and decisions will then be made. It has stated that Mr. Rabbitte: There is a solution. There is it has terminated discussions in which it has tried nothing new about barrier-free tolling. There is for a long period to get an agreement with NTR. nothing impossible about electronic tolling—— It has failed to do that because of infringement on national and EU procurement rules. It has also Mr. Cullen: Except that we have a contract we decided that the zero rate of the Westlink road must honour. from two years time will end and it will have to compensate NTR in accordance with the An Ceann Comhairle: I will have to ask the Westlink agreement that runs to 2020. I hope that Minister to allow Deputy Rabbitte to conclude. is clear. The other decision made is that we will go Mr. Rabbitte: The Government could construct ahead with the upgrade work, which will help the a proper plaza at a more appropriate point, main- road, along with the Naas Road work and the tain the income stream to the State and avoid other issues that have been undertaken. Almost imposing new tolls on motorists. This puts elec- \1 billion of work will be undertaken and a tronic voting, PPARS and all the rest in the revenue stream will be necessary for the second shade. phase from a toll. We cannot just eliminate a toll road. If it could be done faster I would want to Mr. Allen: In the shade. see that. I accept Deputy Rabbitte’s point that this has Mr. Rabbitte: I hope the Taoiseach will deny been tried and tested in other countries. I have — and I give him the opportunity to do so again seen it, it is known as the Hong Kong model, — that he approves this hare-brained, daft, where the user receives a bill like a telephone bill unworkable and punitive arrangement devised by from a technological recording. Apparently, the Minister, Deputy Cullen. however, there is a period required to do that and 1241 Leaders’ 31 January 2006. Questions 1242 while they negotiate under the 2020 agreement, Mr. Allen: Those are the Taoiseach’s socialist that is the position. I am sure the Minister will policies. have more time to outline it in more detail another day. The Taoiseach: The concern at the time was that we would not get sufficient flows of traffic to Mr. Durkan: The Minister for big tolls and justify the road. There is an agreement in place. small tunnels. It is simple for Deputy Higgins to suggest scrap- ping it but there is an agreement until 2020. Satis- Mr. J. Higgins: The Taoiseach just does not get factory arrangements between the NRA and it. The agony of the M50 cannot go on as at NTR cannot be reached. For that reason the present for another two years. If a warlord in the NRA says it will take control of the situation but Hindukush controlled a vital pass and fleeced the it must honour the agreement with NTR. It has unfortunate peasants who had to pass through it been suggested even when the NRA is taken out every day for their livelihood, some people would of the equation and electronic tolling is intro- say, “That is Afghanistan; it is the dark ages”. duced, with the upgrade of the work that will go Does it not defy belief that in the capital city of on until 2010 costing \1 billion, NTR will have to the Ireland of 2006, every day tens of thousands be paid \45 million per year. NTR disputes that of working people making their way to work are figure, saying it should be far higher. That is an held to ransom because they have to cross the issue the NRA and NTR will have to sort out in River Liffey, control of which has been given to due course but it must be done in an ordered way. a private company? Many working people with There is a contractual agreement and the NRA no public transport options sit unnecessarily in is now saying it cannot reach an agreement with cars for two hours a day every day just to get to NTR and is now taking it out of the equation. It work. To illustrate that with a simple calculation, will move the plaza and tender for a replacement if that went on for 20 years, they would spend an arrangement that will introduce free flow elec- entire year and a month camped on the M50. Put tronic tolling on the M50. It will carry out a traffic another way, that is the equivalent of three years study between now and the end of the year, get and three months working an eight hour day. We on with the upgrade, which started with phase have 700 metres of privately owned road and a one yesterday, and we will see if the new operator bridge with 40 kilometres of a super highway on the NRA will bring in will help the position. either side of it financed to the tune of \1 billion Deputy Joe Higgins knows well that removing by the taxpayer that acts to funnel the same tax- the plaza and introducing electronic free flow is payers, tens of thousands of them, into the jaws not the only resolution, there are the other of National Toll Roads to be robbed every day. changes. When it was built they were talking The Taoiseach is proposing to extend this medi- about 700,000 registered cars in the State and we eval anachronism, which jails thousands of people are now talking about 2.1 million. The population daily and fines them at the same time, for another has increased by 1 million in 15 years. That must two years. be taken into account. The removal of the plaza My research showed that the first we heard of and free flow electronic tolling will not resolve tolls was in Greek mythology. There was a boat- that. Already there are plans looking beyond that man called Charon who charged a penny to ferry to the orbital route and other issues. We must the shades of the dead across the River Acheron complete the Naas Road, which is now well so they could get to the afterlife. That gentleman advanced and ahead of schedule. We must deal could tout for business on the Westlink because with the tunnel opening, the extension of the M50 by the time the unfortunate motorists reach the and the compensation of NTR under the arrange- bridge, they resemble the shades of the dead in ments for removing it from the equation. These every way from frustration, anger and exhaustion. issues have been set out. I do not accept the constraints put on the In response to the issue raised by Deputy Government by the manoeuvrings of dubious Rabbitte, a fair question about what happens on politicians and bureaucrats in a previous period. the locations of the tolling in future, that decision It is time to nationalise the M50 and to get this cannot be made until the comprehensive report anachronism off the backs of working people, not is presented in the autumn. just for Dublin but for the whole country, and to do it immediately. Let us get rid of this incredible Mr. J. Higgins: If the Taoiseach wants to talk farce. The Taoiseach just does not understand about policies that are redundant, he should talk what working people must endure on a daily basis about tolling. While it was okay over London just to get to work. Bridge with an ass and cart in medieval times, it is hardly appropriate for Dublin in 2006. The The Taoiseach: I am well aware of the prob- revenue could easily have been found elsewhere. lems of the M50 and the history of it. As Deputy Joe Higgins knows, when we used to follow other Mr. D. Ahern: We could print the money. economic policies, we did not have to worry about the traffic on the M50 because of the poli- Mr. J. Higgins: The Government slashed capi- cies he supported at that time. tal gains tax for speculators, saving them billions, 1243 Requests to move Adjournment of 31 January 2006. Da´il under Standing Order 31 1244
[Mr. J. Higgins.] The Taoiseach: I am just explaining the factual and slashed corporation tax for big business but and legal position with which I am trying to deal, has saddled working people who must use the namely, a contractual arrangement made in good M50 with this new tax. All over the country it is faith. As I indicated, I would like the toll plaza to noticeable that it is the commuter belts that are be removed quicker and do not understand the being hit, in other words, working people travel- reason it will take two years to do so. We will try ling to and from work. to proceed quickly. The first phase will involve In his previous role the Minister for Transport, completing the study by October. If a new free- Deputy Cullen, brazenly wasted \50 million on flow electronic arrangement goes to tender, the scrapped voting machines and we have major position will improve and there is no argument wastage on many infrastructural projects. The about that. I am setting out the position. Dublin Port tunnel, for example, will be delivered \ late and may run 200 million over budget. We Requests to move Adjournment of Da´il under suggested to Deputy Finian McGrath who acts on Standing Order 31. this issue on behalf of his constituents that the next time he inspects the port tunnel he will prob- An Ceann Comhairle: Before coming to the ably have to wear a scuba diving rig-out. Despite Order of Business I propose to deal with a this, the Government brazenly insists it cannot number of notices under Standing Order 31. remove this anachronism. I remind the Taoiseach that even Ireland’s con- Mr. Morgan: I seek the adjournment of the servative Constitution states that private owner- Da´il under Standing Order 31 to raise the follow- ship should be curtailed by the common good. If ing matter of urgent public concern, namely, the there was ever an example of such curtailment abject failure of the Government to take any being required in the common good, it is the need action to tackle house prices; the fact that claims to remove forthwith the barriers over the river to by the Minister of State with responsibility for bring considerable relief to tens of thousands of housing that house prices would stabilise have hard-pressed people on a daily basis. This been proven false by figures which show that in measure would not, by any means, be the answer 2005 prices for second-hand homes in Dublin rose to all the problems as these require massive by an average of \1,600 a week, bringing the aver- public transport infrastructural investment. age price of a second-hand house in the capital to \468,000; and the necessity for the Minister of The Taoiseach: The reason for the proposal is State to outline what action will be taken by the to try, over the next few years, to increase by 50% Government on this critical issue. the capacity of the M50 and remove the toll plaza without getting rid of tolling, without which we Mr. Healy: I seek the adjournment of the Da´il would not be able to complete the kind of invest- under Standing Order 31 to raise a matter of ment we require. We already spend much more urgent local and national importance, namely, the than the European average on infrastructure. need for the Minister for Enterprise, Trade and This year, we will spend \1.6 billion on main Employment to remove the cap which is roads and approximately \750 million on second- destroying community employment schemes and ary roads. We cannot catch up and make these depriving local communities, towns and villages levels of investment, while also putting in a metro of necessary community services, and to ask the orbital route around Dublin and all the other Minister to make a statement on the matter. transport initiatives, by having them funded exclusively by the taxpayer. Countries which were Mr. Sherlock: I seek the adjournment of the much wealthier than Ireland in the past have toll Da´il under Standing Order 31 to discuss a specific regimes. We must upgrade and enhance the M50, and important matter of public interest requiring spend \1 billion on the new phases and bring in urgent attention, namely, the need for the the best technology possible. The National Roads Government to come together with beet growers Authority will go to tender for the best arrange- and Greencore in a joint effort to save the Irish ments and we will, I hope, see some best inter- sugar industry, with the emphasis in any dis- national practice on the roads. The NRA has cussions placed on saving the entire industry made the decision to remove the toll plaza but rather than merely on the issue of compensation. one cannot do so overnight. It is in a contractual arrangement until 2020 but has indicated the Dr. Cowley: I seek the adjournment of the Da´il plaza will be removed in two years. under Standing Order 31 to raise a matter of major local and national importance, namely, the Mr. J. Higgins: The contract was made by nitrates regulations which will seriously damage crooked people. productive farming in Ireland, will have grave implications for all farmers, including REPS, The Taoiseach: If the Deputy is calling NTR dairy, tillage, pig and poultry farmers and beef crooked, he will have to stand over that. finishers, impose fertiliser limits on farmers based on inadequate advice and irreparably damage Mr. J. Higgins: No, well—— farming and the rural economy. 1245 Order of 31 January 2006. Business 1246
An Ceann Comhairle: Having considered the sultation process has just been completed so it matters raised, they are not in order under Stand- will take some time. ing Order 31. Mr. Rabbitte: The mention of the Ollscoil na Order of Business. Gaillimhe Bill reminds me that, according to the newspapers, more punches were thrown at the The Taoiseach: It is proposed to take No. 10, Fianna Fa´il selection convention there than at motion re ministerial rota for parliamentary ques- that fixed fight in the stadium. tions; No. 11, motion re referral to joint commit- ´ tee of proposed approval by Da´il Eireann of the The Taoiseach: A passionate party. draft Companies (Auditing and Accounting) Act 2003 (Prescribed Accountancy Bodies) Regu- Mr. Rabbitte: Will the Government bring for- lations 2006; No. 14, Registration of Deeds and ward an electoral register Bill in this term? Title Bill 2004 [Seanad] — Second Stage (resumed); and No. 15, Competition The Taoiseach: The electoral amendment Bill (Amendment) Bill 2005 [Seanad] — Second to allow prisoners to vote—— Stage (resumed). It is proposed, notwithstanding anything in Mr. Rabbitte: No, the electoral register Bill — Standing Orders, that Nos. 10 and 11 shall be the prisoners do not worry me. decided without debate. Private Members’ busi- ness shall be No. 43, motion re nursing homes A Deputy: Would that be prisoners who are inspections. inside or outside? An Ceann Comhairle: Is the proposal for deal- ing with Nos. 10 and 11 without debate agreed? The Taoiseach: While I share the Deputy’s Agreed. concern it will not be introduced in this session.
Mr. Kenny: When will the safety review with Mr. Rabbitte: Is the Government promising which the Minister for Communications, Marine legislation to correct what has been written about and Natural Resources must deal in the context and what is believed in this House to be a grossly of the gas field be published? The Minister has inadequate maintenance of the electoral register? had the review for some time. When will the Martin report on indiscipline in schools, which The Taoiseach: The Minister is undertaking a the Minister received several months ago, be pub- full examination of it and how best to proceed. lished? We have been promised legislation on While there has been consultation with a number nursing homes on numerous occasions. When will of the large local authorities, he has not yet it be published? brought forward a set of proposals on how to deal Ta´ a fhios ag an Taoiseach go bhfuil Bille ag with it. There is a problem. I accept that the regis- teacht isteach De´ardaoin a bhaineann le hOllscoil ter is unsatisfactory. na hE´ ireann, Gaillimh. An bhfuil an Taoiseach sa´sta go pearsanta leis an leasu´ ata´ os comhair an Mr. Sargent: I am reminded to ask the Rialtais go mbeidh an Ghaeilge la´rnach i ngach Taoiseach about the medical practitioners Bill plean a leagfaidh an ollscoil amach? given the current focus on the incidence of cystic Has the Government made a decision on the fibrosis in Ireland, the highest per head in the free-to-air presentation of the Ryder Cup later world, with a life expectancy of 35 years com- this year? pared to 45 north of the Border.
The Taoiseach: I understand the safety report An Ceann Comhairle: We cannot discuss what on the Corrib gas field will be issued some time might be in the Bill. in the next month. I do not know the position regarding the Martin report on indis- Mr. Sargent: It is important that we address the 5 o’clock cipline but I will ask the Minister to Bill. Given that this Bill was promised for 2004, communicate with the Deputy on the again for 2005 and now for 2006, will that sliding matter. To the best of my knowledge, the position scale continue or is there any certainty about the regarding the Ollscoil na hE´ ireann, Gaillimh Bill publication of the Bill to give us the opportunity is satisfactory. I am not aware of any difficulties to debate this and other major issues? The second or problems with the legislation which will be promised Bill relates to the urgent matter of our taken on Second Stage on Thursday. I am told European neighbours’ attitude to bird flu, where the legislation on nursing homes is extremely they are searching people coming into airports complex because it goes back over many old Acts and ports for food. The animal health Bill would and areas. However, it is still hoped to have it suggest a level of urgency about this matter, but before the House during this session, probably in there is no publication date for that Bill. Will the March. It is hoped to have the legislation passed Taoiseach indicate whether there has been a and the payments processed this summer. On the change in that matter given that talk of this Bill Ryder Cup, the Minister informs me that the con- predates the outbreak of bird flu? 1247 Order of 31 January 2006. Business 1248
The Taoiseach: The animal health Bill is to The Taoiseach: The implementation group has consolidate and update the diseases of animals been established to advise on the administrative legislation. The heads of the Bill have been structures and to provide regulation and assess- approved for some time. I do not have a date, but ment of legal costs. It will be next year before I will raise it again with the Minister and try to legislation is before the House. bring it forward. On the medical practitioners Bill, the heads have been approved and the Bill Mr. Durkan: When the Taoiseach was in the is due late this year. Punjab carrying those garlands of sweet smelling flowers, did he spare a thought for the legislation Mr. Sargent: Or next year. required back home, particularly in the area of energy, given the recent development in India Mr. Naughten: May I ask the Taoiseach about and the energy requirements there. The energy the nitrates action plan, SI 78 of 2005? Will the (miscellaneous provisions) Bill and the national Taoiseach suspend its implementation until oil reserves agency, NORA, Bill are two pressing guidelines on its enforcement are issued to farm- Bills that have been on the cards for the past ers on its enforcement at midnight tonight? couple of years and have moved slowly in no Where does the Minister for Agriculture and particular direction. I am sure the Taoiseach was Food stand on this issue? She seems to be silent inspired during his visit to India on the need to on the issue. bring those Bills before the House as early as pos- sible. I would like to know when the Bills will Mr. J. O’Keeffe: Into hiding. be published.
An Ceann Comhairle: That does not arise on The Taoiseach: I was not inspired because the Order of Business. India decided to go nuclear.
Mr. Naughten: Will we get some answers from Mr. Durkan: That is promising. her on what she is doing about it? The Taoiseach: Would the Deputy be in favour Mr. J. O’Keeffe: She has gone on the run. of that? A Deputy: It is an environment issue. Mr. Durkan: What did they say about that in Mr. Durkan: That is a cop-out. the Punjab, or did the Taoiseach visit the Punjab?
The Taoiseach: The Minister for the Envir- Mr. J. O’Keeffe: Try the Galway Races. onment, Heritage and Local Government, Deputy Roche, has made the position clear and The Taoiseach: Both Bills are due to be taken there is no further change from that. in this session.
Mr. Quinn: No. 9 on the list of Bills that has Mr. M. Higgins: In answer to a Da´il question been published is the Building Control Bill. of 22 November the House was informed that the When it is likely to be taken? Government has no plans to and would not sign the 1990 United Nations International Conven- The Taoiseach: It is before the House so it is tion on the Rights of Migrant Workers and for the Whips to arrange for it to be taken. Members of their Families. On 25 January I was informed that signing and ratifying the conven- Caoimhghı´nO´ Caola´in: Relative to the earlier tion was under review. Does the Government question put to the Taoiseach, is the Govern- propose to sign and ratify the convention? On ment, in the absence of consultation and impact today’s Order Paper, pages 73 and 75, two agree- assessment, prepared even at this late hour to ments are listed, one as No. 1 in the statutory consider any measure to alleviate the feared section and the second as No. 1 in the non-statu- impact of the implementation of the nitrates tory section. If both agreements are administra- regulations as of midnight tonight? tive and legal, as was suggested to me some weeks ago, why is the first one in the statutory category, An Ceann Comhairle: That does not arise. The which seems to suggest there was a legal require- Deputy should submit a question to the Minister. ment to publish it and bring it before the House? One agreement is from 2003 and the other is Caoimhghı´nO´ Caola´in: Will the Taoiseach from 2004. answer the question? On No. 69 on the list of promised legislation, publication of the legal costs The Taoiseach: The first issue is a matter for Bill is expected in 2007. Given the exorbitant rate the Minister for Enterprise, Trade and Employ- of legal fees charged by senior barristers, in part- ment, Deputy Martin, and I will bring it to his icular, which is a significant drain on the individ- attention. On the second issue, I do not know ual citizen and on the State, will the Government why they are on separate schedules, but I prom- expedite this Bill to regulate costs? ised last week we would put both before the 1249 Draft Companies Regulations 2006: 31 January 2006. Referral to Joint Committee 1250
House. I will ask for an explanation and will for- The Taoiseach: I raised it with the Minister and ward it to the Deputy. I asked him if he would give a line that I could pass on to the Deputy on what he purports to do Ms Lynch: When is it proposed to introduce with the Bill. He is thinking about that. legislation to establish an inspectorate for nurs- ing homes? Mr. Gilmore: Is there any chance that he might have it by tomorrow? The Taoiseach: Legislation governing an inspectorate for nursing homes already exists. The Taoiseach: I do not think so. He is in There is no amendment to that legislation. Brussels, but I will get the information for the Deputy. Ms Lynch: When is it hoped it will be enacted? Mr. Costello: Has the Taoiseach taken any The Taoiseach: Subject to checking, the legis- steps to ensure the children’s hospital in Temple lation is in place. Street will be retained in his constituency? Does the Minister for Health and Children require new Mr. Broughan: On two Bills that were on the legislation to abolish either of the two hospitals cla´r before Christmas, the electricity Bill and the that are in existence? natural gas Bill, is it intended to proceed with those? Is it intended that Bill will be the vehicle The Taoiseach: The McKinsey report is due in to turn the ESB into a plc? the next few days. The board of the HSE is due to discuss it as soon as it is published. The Taoiseach: I think that legislation is not enacted, but I will check with my colleagues. It Mr. Durkan: Will it be like the Hanly report? may be part of the health Bill and if that is the case, then it is due this year. Work is continuing on an electricity Bill, but I Ministerial Rota for Parliamentary Questions: do not have a date for it. I do not see the Bill Motion. being prepared this year. Minister of State at the Department of the Taoiseach (Mr. Kitt): I move: Mr. Durkan: Never ever. That, notwithstanding anything in Standing Mr. Gormley: Given that alcohol related prob- Orders or in the resolution of the Da´il of 6 lems are costing the country \2.65 billion per June 2002, setting out the rota in which ques- annum, when will the sale of alcohol Bill and the tions to members of the Government are to be alcohol products Bill be brought before the asked, or in the Resolution of the Da´il of 25 Houses? January 2006, questions for oral answer, fol- lowing those next set down to the Minister for The Taoiseach: Voluntary agreements have the Environment, Heritage and Local Govern- been reached with the alcohol and advertising ment, shall be set down to Ministers in the fol- industries on alcohol products and the control of lowing temporary sequence: advertising, sponsorship and marketing. The Minister for Education and Science Department wishes to hold off on the introduc- tion of this legislation pending the outcome of Minister for Agriculture and Food these voluntary agreements. Minister for Communications, Marine and Mr. Gormley: That is terrible given the extent Natural Resources of the problems we have experienced. What Minister for Foreign Affairs about the sale of alcohol Bill? Minister for Defence The Taoiseach: That legislation will be intro- Minister for Finance duced in the middle of this year. whereupon the sequence established by Mr. Gilmore: The Labour Party is anxious that the resolution of 6 June 2002, shall continue the Planning and Development Bill 2005 be with questions to the Minister for Arts, Sport enacted as soon as possible to provide some relief and Tourism. to the tens of thousands of people who are living in unfinished housing estates and being fleeced Question put and agreed to. by management companies. However, the Mini- ster for the Environment, Heritage and Local Draft Companies (Auditing and Accounting) Government is blocking the Bill on Committee Act 2003 (Prescribed Accountancy Bodies) Stage. Last week the Taoiseach offered to inter- Regulations 2006: Referral to Joint Committee. cede on my behalf with the Minister. Has he spoken to the Minister yet and does he have any Minister of State at the Department of the news for me? Taoiseach (Mr. Kitt): I move: 1251 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1252
[Mr. Kitt.] puterising the Registry of Deeds records, the That the proposal that Da´il E´ ireann approve fact remains that the system remains governed the following statutory instrument in draft: by the original 1707 Act and later amending Companies (Auditing and Accounting) Acts ... The case for updating the system Act 2003 (Prescribed Accountancy Bodies) remains unanswerable. Regulations 2006, What difference will the Bill make to the compul- copies of which have been laid in draft form sory registration of title? Section 10 seems less before Da´il E´ ireann on 24 January 2006, be than explicit, seeking to promote and extend the referred to the Joint Committee on Enterprise registration. The word “promote” is used, rather and Small Business in accordance with para- than “compulsory”. Section 53 specifies the time- graph (2) of the orders of reference of that frame for registration where compulsory regis- committee which, not later than 8 February tration applies. The location where it does not 2006, shall send a message to the Da´il in the apply should, therefore, be the focus of our con- manner prescribed in Standing Order 85, and cern. In this respect the Bill is very disappointing. Standing Order 84(2) shall accordingly apply. There was an opportunity to do something much more substantial. We do not need a piece of academic legislation but rather legislation with Question put and agreed to. some definite practical application. With regard to compulsory registration, the Bill achieves Registration of Deeds and Title Bill 2004 very little. [Seanad]: Second Stage (Resumed). Section 57 amends the 1964 Act to widen the powers conferred by that section to include the Question again proposed: “That the Bill be granting of lease or easement in respect of prop- now read a Second Time.” erty. I want to draw attention to a problem that Ms C. Murphy: I want to focus on three aspects is occurring where the easement might be sought. of the Bill, namely, digital mapping, compulsory Until the 1990s, many local authorities took over registration and how easement might be used to housing estates but did not take ownership of the deal with the land grabbing that is occurring. public open spaces. If one goes into the Land The more mystique that surrounds the issue of Registry Office and checks out estates that are property transfer and ownership, the greater con- very mature, one will find that the original devel- trol professional practitioners have. Simplifying oper is registered as the owner. The open space the registration process must be welcomed. The was a planning requirement under the Planning use of a digital mapping system to advance the and Development Act 1963 and planning per- electronic conveyancing system is an important mission for the houses would not have been component of the Bill. It will hopefully reduce granted without a mandatory open space require- the need to visit personally the Land Registry ment being fulfilled. The problem is that the land Office and speed up the legal system around con- is still registered with the original developer and veyancing, making it more efficient and less increasingly, the greedy developers return in an costly. Digital mapping is being used by many attempt to confiscate the land for the purpose of local authority planning departments, but it can further development, arguing that higher densit- be applied to many other functions as well. It is ies are now allowed. Residents’ groups are rightly a very user-friendly system. outraged. Original house purchasers going back Having the capacity to map a property is one 20 or 30 years had understood, from the pro- issue, but if the ownership is not registered, infor- motional brochures and from the conditions of mation will simply not be available to have com- the planning permission, that the land was part of plete records. In a document it published on the the overall development. They have every right issue, the Law Reform Commission stated: to feel very angry with what is occurring. In most Arguably that ultimate aim has been in con- cases, the residents maintain the housing estates templation at least since the Land Registry was themselves. They invest in grass cutting machines, established by the Local Registration of Title they plant flower-beds, erect signs and so on, yet (Ireland) Act 1891 ... The 1891 Act was then they discover a notice at the end of the road replaced by the Registration of Title Act 1964, stating that an application has gone into the local and this enshrined the ultimate aim by includ- authority to build an apartment block or a car ing specific provisions for extension of the park or extra houses on the open space in their system of compulsory registration, by designat- housing estate. ing any county or county boroughs as a “com- The open space was designed as an amenity. pulsory registration area”. The only way to establish formally that amenity at this stage is an easement. Section 10 of the Bill The Law Reform Commission informs us that suggests that a new authority may undertake over 30 years later, only three counties have such research projects relating to the registration of status. It states: land. The problem I have outlined needs urgent Notwithstanding the considerable progress attention. This might prove a useful area for some which has been made in recent years in com- of the research, instead of having courts clogged 1253 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1254 up by cases from resident groups which are forced omical. Not many people could read or write in to take action. This is a matter not confined to 1707, not even those who could afford to buy land one county. I understand that many counties are and property. Those who could draft deeds and experiencing a similar problem. entries in leather-bound ledgers were looked on The property registration authority will have a as whizz-kids in their day. We have to move with co-ordinating role and that is to be welcomed. the times and the electronic storage and retrieval The fact that matters are to be simplified is wel- of information is the way we are going. The com- come, especially the digital mapping. There are puter is today’s ledger and the computer mouse flaws in the Bill, but perhaps these can be is today’s quill pen. amended on Committee Stage. I speak as someone who has always been brave enough to admit that in terms of modern tech- Mr. O’Connor: I welcome the opportunity to nology I am still a child of the past. However, I make a contribution to this business. I welcome am doing my best. I often get queries about Land the presence of my colleague, the Minister of Registry issues and matters that relate to this State, Deputy Fahey. legislation, although not every week. In a busy urban constituency office and clinic, one deals Mr. J. O’Keeffe: He is a survivor from with all types of problems, not many of which Galway West. relate to this matter the House has in hand. However, I get sufficient queries in this area to Mr. O’Connor: Galway West is a lovely place appreciate that there is a need for modernisation. to visit. I am happier in Tallaght, however. It is good that we are looking at this issue and I My first reaction on reading through this Bill wish the Minister of State well in that regard. was to think of that famous scene in the movie, Effective and efficient property regulation “Chinatown”, where the private detective played structures and systems are essential requirements by Jack Nicholson is in the Los Angeles hall of for a successful economy. Even those who want records investigating bogus land deals. He rips to be in government and have to battle on for out the page of a registry of land sale transaction. another 500 days will know that the economy is I am not suggesting that such deeds occur in this thriving. jurisdiction, but it is an interesting point. The Bill will remove the possibility of anyone in this coun- Mr. J. O’Keeffe: Where is the evidence? try emulating Jack Nicholson in the future. The Bill provides a statutory basis for the regis- Mr. O’Connor: People are working and the tration of titles and deeds on computer in the economic climate is good — even Deputy Jim Registry of Deeds and the Land Registry. It also O’Keeffe knows that. I will take him on some provides for an electronic mapping system as part other day when I do not have a cold. It will be a of the process of introducing an electronic con- long, hard 500 days and I am fit and well for the veyancing system. It is interesting to note that this battle. I hope the Deputy can keep up with it. involves the repeal of legislation dating back, in Registration of ownership of land confirms and some cases, to 1707. It is also interesting to note underpins the owner’s right to use and enjoy it. It that a primary objective of the 1707 Act was the is necessary, for example, to demonstrate good prevention of forgeries. That certainly puts a title to sell or transfer land, whether the owner is different light on the term “the good old days”. trading up or whatever. That is important, irres- When most of us reflect on areas such as the pective or whether the owner is a private individ- Land Registry and the Registry of Deeds in the ual or a business enterprise. early 18th century, it conjures up clerks in wigs Having good title to land allows an owner to sitting on three-legged stools making entries in make use of the assets to borrow funds, which, in musty leather-bound ledgers with quill pens. the case of a company, may be needed to launch Much of the activity in this area still reminds of or expand a business enterprise or diversify into us of those far-off days. It is good to see, there- another area of commercial activity. In the case fore, that his Bill provides for the movement of of private individuals remortgaging may be the key areas of registration of deeds and title undertaken to extend the home or assist a family into the 21st century. Now it will be possible for member in gaining a foothold on the property the definition of a deed to include a reference to ladder. Looked at from that perspective, it is clear information stored in electronic form or, as it is that effective land registration should have the also described, a non-legible form. This is capable capacity to contribute in a meaningful way to of being converted into a legible form. This enterprise and economic activity. should greatly facilitate officials and members of Efficient registration systems, that is, those in the public in searches for records kept by the which procedures are straightforward, delays are registry and more immediate access to records avoided and costs are kept to a minimum, also through electronic means. have the capacity to enhance national competi- Electronic registration and storage of infor- tiveness by making the country a more attractive mation in regard to the Registry of Deeds and investment location within the international com- the Land Registry will help to make the process munity. It is interesting that the World Bank easier and faster, and consequently more econ- again drew attention recently to the need for 1255 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1256
[Mr. O’Connor.] Mr. Boyle: This Bill is welcome, partly because sound property registration systems as a means of of the need to upgrade administration but also improving the economic climate and enhancing because the availability of technology requires business activity. The mains aim of the Bill is to legislation such as this. If I have a criticism of the restructure and modernise land registration struc- Government’s policy in this area it is that it has tures in the State, update and streamline the law chosen, once again, to opt for a narrow reform relating to registration deeds and reform the law rather than for wider reform of the legislation relating to the registration of title to land. regarding property. Last Tuesday, in the National The new property registration authority will be Library, the Taoiseach launched the tenth report a statutory body with a representative board of the All-Party Committee on the Constitution. along the lines of the existing Courts Service. I What happened to the ninth report of that com- am glad to note that the Minister’s intention is mittee? That was launched with great fanfare a that the composition of the new authority will number of years ago but we have not seen a sin- bring stakeholder expertise to bear in the dis- gle legislative proposal from the Government to charge of its functions. I understand that the new enact any of its recommendations. structure is intended to facilitate stakeholder There has been a gradual improvement in all involvement in the strategic management and aspects of the registration of land and public modernisation of registry services, provide chan- access to information on same. However, it nels of knowledge and, indeed, feedback from the remains an imperfect practice. The current Land conveyancing and property sectors, leading to Registry based in Waterford was an early increased responsiveness to customer needs, example of the Government’s so-called decentra- which is very important, and ensuring quality cus- lisation programme but all it did was make it dif- tomer services. It will make commercial and busi- ficult for people in the rest of the country to ness expertise available to the new authority to access information that would have been avail- ensure cost effectiveness in the provision of able in Dublin. It was just located to a new centre. services. It is also intended to facilitate staff rep- I hope the new body being established under this resentation to ensure staff participation in the Bill will not suffer from the same geographical management of change within the new organis- problems but will increase the amount of infor- ation, while increasing the visibility and profile of mation that might be available to the public. the property registration services. Other contributors to this debate have men- While there will always be criticism of this busi- tioned that we could have used the Bill to ness, it is good that we are modernising the strengthen the Derelict Sites Act, which gives system and dealing appropriately with the Regis- local authorities some powers, after a great deal tration of Deeds and Title Bill. I wish the Mini- of time and searching for the owners of derelict ster well in that regard and I look forward to sup- properties, to acquire title to such sites. However, porting the Bill. I am happy to concede to my we should go further. If an owner does not colleague, Deputy Fiona O’Malley. become available within a set time period, such properties should automatically be vested in the Ms F. O’Malley: I welcome this Bill. It tidies local authority. This would apply to properties and updates our legislation, which is always which are obviously derelict, regardless of important. A matter which might arise on Com- whether they are built upon, and have the effect mittee Stage is that it is becoming increasingly of downgrading a local community. obvious that local authorities have not secured Such legislation should exist. It exists in the title to particular pieces of land. What provisions United States where an investigation regarding are in the Bill to secure such titles, which every- the rights and responsibilities of property owners body for many years, including the local auth- can be instigated not so much by a local or state orities, assumed were vested in the local auth- authority or the national government but by indi- orities? There is an ongoing case in vidual members of the public. Why are we not Leopardstown in my constituency. More recently legislating to provide that members of the public a similar type of issue arose in Dublin city centre can get information on who owns and is respon- with regard to Dartmouth Square, although I am sible for a particular property in their community, not sure if the circumstances are the same. particularly if that property is a building that is In Leopardstown and throughout the Du´ n not structurally sound or is a vacant site which Laoghaire-Rathdown local authority area there has been allowed to become littered and a stain are many sites where title was not secured. How on the area? On these grounds we can go much can we streamline matters for local authorities, in further in terms of the law on property. I am dis- the public interest, to ensure that lands intended appointed the Government and the Minister to be ceded were, in fact, ceded? Will there be an appear to have made no effort to act upon the opportunity to discuss this on Committee Stage? recommendations in the ninth report of the All- I was anxious to mention this matter on Second Party Committee on the Constitution and, given Stage so we might be able to deal with it on Com- the Government’s legislative programme, there is mittee Stage. I am grateful for the opportunity to little likelihood that such legislation will be in do so. place by the next general election. 1257 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1258
Given the opportunity presented by this new such property. Representing a largely urban con- organisation and technology that will allow the stituency, I can identify many such properties identification of property to become easier, there which current legislation does not allow the local should be standardisation of property leases. authority to acquire and develop as quickly as is Attempts have been made in the past to do this necessary. This legislation might have been an through Private Members’ legislation. The lease opportunity to push that agenda a little further. on my house, as is the case for most people here, If the new agency uses the powers being con- is written in very arcane language. It refers to the ferred on it in terms of defining property and property being located in the geographical area improving the availability of information on identified by the local parish, which was the par- property, that is a good thing. There is much ish of the established church, the Church of further to travel in terms of legislation that better Ireland. There is an inconsistency, first, in the lan- meets the needs of our community and individ- guage used in leases, which should be a little ual citizens. more user friendly and, second, in the geographi- cal terms by which property is identified. This Bill Mr. J. Breen: I welcome the introduction of could have been an opportunity to address this. this long overdue legislation. Review and reform Perhaps the new organisation, when it is up and of the system of registration of title is badly running will put such changes into effect. needed. Conveyancing and land and property law Last night I attended a meeting in the town of here are complex and archaic. It is important that Ballincollig in my constituency, although it will our systems are brought up to date in a coher- no longer be part of my constituency at the next ent manner. election due to boundary changes. That meeting According to the Minister, the programme of highlighted a particular difficulty regarding State reform has three stated aims. It proposes to sim- ownership of property and the transfer of such plify the law in this verbose and confusing area property to community interests. The meeting and to make it more easily understandable to was organised by the Ballincollig soccer club both legal practitioners and the public. It also which had been promised four years ago, by the proposes to update the law in this area in the light then Minister for Defence, Deputy Michael of changes in social demographic and economic Smith, that it would be given an area of ground needs and to make conveyancing easier and fas- for sports and amenity purposes as part of the ter, thereby reducing the sometimes enormous development resulting from the sale of Murphy costs associated with the legal service. I hope the Barracks in Ballincollig. Minister succeeds in this, that the process will be Most of the ground was to be made available easier to understand and that costs of procedures on the open market to commercial interests. The land was subsequently sold and has been will be reduced. developed but the amenity area is still undevel- The legislation will benefit many people, in oped. There is now a landlocked section of prop- particular young people trying to buy their first erty which cannot be accessed because the plan- home or new house. They are well acquainted ning authority made a mess of how access was to with the substantial costs associated with such a be provided. The biggest problem, however, is move, not least of which are solicitors’ and pro- the question of the title. I understand this issue fessional fees. Measured on the recommended is currently being dealt with by the Chief State scale, these fees are 1% of the total price plus \ Solicitor’s office and I hope it comes to a proper 100. The main outlays are stamp duty, Land conclusion. Registry fees and fees for searches. However, What I and the attendance at the meeting last there is also normally a charge for miscellaneous night find frustrating is how, in transferring State outlays such as telephone, posters and photo- property to these interests, such a double stan- copying. It is important people are treated fairly dard applied. Why were the commercial interests, in this area and I welcome controls that will facili- so obviously and quickly looked after? Why were tate this. There is enough pressure on young the community interests treated so shoddily? people today without adding more through the Many of the difficulties brought up regarding title current outdated and complicated system which are used as unnecessary obstacles but these obsta- places a heavy burden on them in terms of cost cles seem to be easily overcome when commercial and time. development is involved. It is a double standard I welcome the provisions in the Bill for elec- that State agencies should no longer apply. tronic conveyancing as the conveyancing process The Green Party will not oppose this legis- is unduly costly and time consuming. Conveyanc- lation. We believe it is necessary. However, per- ing practice is, undoubtedly, protected and evi- haps the Minister will address the need for wider dence suggests that it takes a great deal longer ranging legislation on property and property than it should or does in other European coun- rights, the need to develop, in the public interest, tries. The one to two-month period involved in properties and pieces of land of which the current the process of buying a house in this country owners are not making proper use and the need should be reduced and I welcome any measures for mechanisms to allow State authorities, partic- that bring new efficiency to the process to bring ularly local authorities, to secure the better use of it in line with our counterparts in Europe, 1259 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1260
[Mr. J. Breen.] from the point of view of modern needs and as a especially in this age of technology and instant person with a special interest in history. It is monetary transfers. obvious we need an efficient and less cumber- Up to now, solicitors have had a monopoly in some form of legislation. conveyancing. Our cumbersome legislation added In light of the amount of business currently to their ability to retain that monopoly. It also being transacted, one does not need props to sup- allowed them to stall and delay in order to charge port solicitors’ earnings. If we want to be com- higher fees, or perhaps this was general incompet- petitive in the modern world, we must find more ence. These delays served to place additional bur- efficient ways of dealing with these issues. I look dens on members of the public who were, for the forward to the other pieces of the jigsaw such as most part, unable to do anything to speed up the the electronic conveyancing referred to by process. Solicitors must realise that their survival Deputy James Breen and promised in this may depend on whether they modernise and legislation. become more responsible and accessible to a Our Land Registry deeds are an historical trea- more demanding public. Many firms depend on sure trove in terms of our social history. They are conveyancing and it forms a significant element a bit like the Land Commission records which are of their business. not yet generally accessible. These documents can As the Land Registry becomes more effective be used to illuminate political and social history. in marketing its on-line service, legislation is As we move into the electronic age, it is amended to simplify transactions and becomes important that these ancient deeds are properly more understandable, and consumers become preserved and made accessible. It would be a more familiar with on-line transactions, the long-term project to have these documents demand for solicitors will lessen unless they mod- recorded in electronic form so that they can be ernise, change their attitude and realise that if more easily consulted, but this is something to they cannot provide a more professional efficient which we should aspire. The Minister and his service, consumers will work around them. If they officials are focused on the needs of a modern continue as they are, the logjam in the regis- economy, and rightly so. However, I urge him to tration system will remain, at least in the short ensure that the heritage aspects are properly scru- term. tinised and looked after. I have some reservations about the Bill and the I welcome the Bill because it is a decisive step process of its implementation. Will the Minister to take the legislation into the 21st century and it indicate how this legislation, if passed, will pro- will make information more accessible to citizens, gress as there appears to be little or no funding especially with regard to Government matters. in place to progress it? There is not much sense The administration of the Land Registry should in passing a Bill and not providing funding to be as simple as possible given the importance of operate it. This will be expensive legislation. How property and land. It is something that has been will we compulsorily register all land in the coun- difficult over the years, which may be under- try currently not registered unless staff and a standable. It is difficult because it is a paper- proper registration authority are in place in every based system. This is the ideal opportunity to county? We can talk forever about electronic move from that system to a new one. It must be conveyancing, but if land is not registered, we difficult to transfer property unless we use tech- have no land to convey through electronic con- nology or some other expensive system. What the veyancing. The starting point is registration. How Minister has promised to do will make the con- can we get the land registered if we do not veyancing of property much less expensive, as provide extra staff? Without them the authority long as we negotiate with lawyers and others who will exist as a quango and will not get the work have made the process costly. done. It is important the Minister takes on the The Land Registry is an important element of task of seeing this legislation through to imple- this State. It was established in 1707 and my mentation and that he does not allow it to sit on experience of dealing with it as a public represen- some shelf gathering dust. tative has been positive. It is efficient, effective I compliment the staff of the Land Registry and thorough. There is no point in speeding up a office. Complex deals that take up considerable process while overlooking the fact that somebody time pass through that office and something has a legal right to a property. The process is should be done in this regard, particularly where detailed and important because property is valu- land is held by different owners. When all but one able. An example of a case I dealt with involved of the owners have passed away, there should be a lady who bought a house from her brother-in- a provision in place to ensure that owner can law, who was not registered with the Land Regis- acquire the property more quickly. That is not try. The people from whom her brother-in-law happening and I ask the Minister to examine bought the property were not registered, nor that situation. were the people from whom they bought it. The whole chain of unregistered ownership extended Mr. M. Brady: I welcome this important and back to 1934. To have the issue resolved, the long overdue legislation. Many of the procedures woman must ascertain whether all the people involved are archaic. I wish to address this issue who benefited from that land still have a claim on 1261 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1262 it. It is a very detailed process and people do not The main gap in the legislation relates to the understand its importance. encouragement of first registration. I like the idea In other recent cases with which I dealt, I found that the title is tidied up, registered with the Land the Registrar of Titles to be most helpful. Like Registry and is very clear and certain. I realise Deputy James Breen, I get in touch with the Land that solicitors find the system of first registration Registry on behalf of constituents and I find that very daunting and therefore do not use it. They the staff are very helpful, co-operative, efficient will go to the Registry of Deeds instead although and fast. If one goes into the office, one can get first registration is much cheaper. The Land a map quickly and the courteous and helpful staff Registry could take measures in this regard. will assist with the identification of the property Searches can be daunting and if one gets them concerned. wrong, one must start all over again and go The office is an open-plan office, not a box in through the whole process. Verified searches are a corner of the room. It is a client-based, user- also required. They are not required for other friendly service. When the new facilities are pro- transactions and are costly and cumbersome. vided, it will be important to have similar facili- The Land Registry must examine what it ties in Roscommon when the new building is requires with regard to first registration. It could opened there. intervene in terms of the required searches to The Minister for Justice, Equality and Law make matters easier for solicitors. One should ask Reform, for whom I have great admiration and why it needs verified searches? Surely the Land who is a very efficient Minister, has a great grasp Registry could check them rather than requiring of the legal needs of his Department and I thank the solicitor to get a verified search. Staff should him for introducing this important legislation. be designated to promote the first registration system and assist people in getting through it. Property is now very valuable and the question This will help increase the number of titles of church property is also important because it is registered. no longer exempt. Many old church properties, in The compulsory registration system should be particular those of the Church of Ireland with extended. I have my doubts in that it might be their small cemeteries, have been left without real too much to ask that all land in the State be com- ownership. The proper registration and acquis- pulsorily registered. Forcing the issue will make ition of titles by local authorities is important. people register but will require the help of the However, there is still much to be done. One legal profession. The Registry of Deeds and the must still physically send title deeds to the Land Land Registry should also consider free first Registry. One can do so by post although I know registration. The Land Registry system is more many prefer to go into the office. That is how the expensive than the Registry of Deeds system. If Irish like to do their business. When they go into they integrate, the two bodies should consider the office, people know the deeds will arrive on balancing their fees to make it more attractive to the day and they can get a dealing number there register with the Land Registry. and then. We must aim for the type of scenario I would like to address the time limits with envisaged by the Minister. Ultimately, one should regard to the stamping of deeds and the penalties be able to transfer property and send one’s deed incurred if a deed is not stamped within a month. to the Land Registry electronically. One month is probably too short a period within The investment the Minister has made with which to stamp a deed. However, we must con- regard to digital mapping is very welcome. Cur- sider the issue of time limits with regard to land rently, it takes a long time to have transactions registration. There should be a time limit and it registered and there are often delays in terms of would be good to have a requirement to register mapping. Hopefully the digital mapping initiative within a certain time. As it stands, some titles are will improve matters. South Dublin County not registered for ten years or more, and some Council, for example, made its services available are not registered until someone discovers the electronically although this initially seemed diffi- fact. A time limit should be considered but it cult. It put its entire planning application system should be a very reasonable one. on-line so that one can look up every plan, map I welcome the Bill and thank the Minister again and specification. The council achieved this for his comprehensive explanation of its contents within a very short period and I compliment it on and other legislation that will come before us in its initiative. Before this, one had to go to the the relatively near future. I liked the Minister’s planning counter in South Dublin County overview and description of the old Registry of Council to get maps, the office was only open Deeds office and all that is contained in it. during certain hours and the whole process took It has become commonplace for people to criti- much time. The service is now available on the cise our land law because of its complexity but Internet. This type of initiative is needed with such criticism is entirely justified. Land law is fre- regard to the Land Registry in that one should be quently referred to as being draconian, and that able to do everything on-line. It would improve criticism is easily justified. The law that governs our system of conveyancing and put an end to property rights dates back centuries, as the Mini- complaints regarding long delays, searches and ster stated. We did not need the Law Reform so forth. Commission to inform us that such law is out- 1263 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1264
[Mr. M. Brady.] old English feudal law. It is ridiculous in this dated and needs to be changed. We have had Law day and age, when our lives are ruled more and Reform Commission reports but little has more by computers that our conveyancing changed to date. I welcome this Bill as a first step system is still based on the age of the quill pen in the process of change. and ink. The complexity of property law is made even That is the manner in which the Minister worse by the rituals that have grown up over the described the office of the Registry of Deeds. I same period in land transactions. Anyone who is agree that those in the registry have done and fortunate enough to own his or her own home continue to do excellent work but we must move will know that, at the very least, it takes up to six forward with the times, as Professor Wylie weeks to go through the rituals of buying one’s recently explained to the committee. home. In the modern age of technology where If we are to make substantial progress in this past transactions, old deeds and contracts are area, there must be a strategy for getting all titles available electronically, I cannot understand why into the Land Registry. This has been done in people should be dragged through this process England where a strategy was devised and now any longer. The Minister explained that in other approximately 99% of the landbank of England jurisdictions the process involved takes only 14 or and Wales is on the register in the Land Registry. 15 days compared to six or seven weeks in this We should aim to do likewise in this country. jurisdiction. We should aim for the process to be I compliment the Law Reform Commission completed in that shorter timeframe, and the Bill and the officials in the Minister’s Department will help in that respect. who work on the area of land reform. It is of In the interests of the consumer, we need to paramount importance that they are given what- examine more closely the processes and checks ever resources are necessary to speed up and that are said to be involved in conveyancing. Are modernise land and conveyancing law. all these checks necessary and are they being The Bill provides for the replacement of old carried out? When an 80 year old house is chang- legislation dealing with the Registry of Deeds ing hands, why does the chain of title need to be dating back to 1707, or Queen Anne’s time. It validated again and again? Do repetitive pro- will put the Registry of Deeds on a sound footing cesses such as this in the conveyancing process and it makes sense to make certain changes to serve any purpose? These are some of the issues the Registration of Title Act 1964 with a view to I want to raise. making electronic conveyancing a reality. In this context, I am pleased the Minister has Deputy James Breen referred to stamp duty, taken steps to simplify matters in this area. which is an issue raised regularly by residents in However, as we agree, this Bill is only one small my constituency. Where parents are living in the step. There is a large element of repeal and re- family home after the children have left and want enactment in the Bill. It is not all new material, to trade down and buy a less expensive house, as the Minister has informed us, and the Bill will they must pay stamp duty again, having paid it on pave the way for the storage of deeds and maps their original home. At the same time, the person on computer. That is very welcome but we need buying the house from them must also pay stamp to stop being content with playing catch-up. We duty. The Government is getting stamp duty on need to look ahead and bring forward legislation the double. I have asked the Minister to examine that will facilitate the greatest possible use of the this issue because the system is unfair. People are technology available to us. being taxed twice. I would much prefer if today we were in a posi- I commend the Bill to the House and look for- tion where electronic conveyancing was the norm ward to the implementation of the changes envis- and buying and selling a house involved a far aged in it. more simple and straightforward process. Even after the enactment of this Bill, we will still have Mr. Ring: I hope the Land Registry Office will two distinct and different systems of land regis- soon be located in Roscommon, which has been tration — the Registry of Deeds on the one hand promised for many years. My late father told me and the Land Registry on the other. If we are that during every election campaign — Deputy serious about simplifying conveyancing, we Brady will be glad to hear this — that Fianna Fa´il should have one uniform system. I am glad the would always promise the people of Ballina that Minister announced that one such uniform the biscuit factory would be located there. system, which is essential, will be included in this Bill. Mr. M. Brady: They must be fond of biscuits I listened with interest to Professor John Wylie, in Ballina. one of the foremost authorities on this subject, at a recent meeting of an Oireachtas joint commit- Mr. Ring: We got the biscuits but we never got tee. He stated: the factory. Similarly, the Land Registry has been It is really absurd, when the State has been coming to Roscommon for a long time. While I independent for . . . 80 years, that we still have am not confident, I hope it is a part of decentralis- a ... land conveyancing which is based . . . [on] ation that will happen soon. 1265 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1266
I am glad the Minister is at last reforming the with in that there will be an independent valua- Land Registry. The people are paying for the tion authority to deal with such cases. However, service through stamp duty and direct taxation my point is that if the local authority had done but when they want to obtain title deeds or get its work in the first instance by registering the their property registered and there is a problem, property, the problem would not have arisen. they may have to wait up to four years as the The deeds for many properties came from the Land Registry has a long waiting list. The staff of Land Commission. I do not understand why one the Land Registry do an excellent job in difficult Government agency cannot pass information to circumstances. There is no point establishing a another. If a person is looking for a land certifi- new agency if we do not intend to provide the cate from the Land Commission, it can take five necessary resources and staff. What happens in or six years to get it from the Department of the Land Registry is a disgrace. I do not know Agriculture and Food, which should not be the how the staff have tolerated it and why they have case. The people involved are citizens who pay not gone on strike. They work under terrible con- their taxes. They are looking for what is theirs, ditions, which is not right. I am glad the Minister yet they must wait for the information to be is reforming the office as it is time to do so. passed from one agency to another. It is not People and their property must be protected. good enough. They must know when they register their title The staff of the Land Registry have worked in that it is for life. A constituent of mine had a right very difficult circumstances. If a problem arises, of way through her property. When she planned they try to deal with it, especially in sad cir- to do some building on her property, she checked cumstances. and found that a certain person — I must be care- When the new agency is established, will it be ful what I say in this regard — had registered the accountable to the Da´il? Will Deputies be able to property and taken away the right of way. I told table questions on the new agency or will it be my constituent to go to her solicitor and that she like the National Roads Authority or the Health should put the matter in writing immediately. An Service Executive in that we will table questions investigation took place but nobody knows to this and the Minister will reply that he has no day who registered the property. My constituent responsibility in the matter? This will result in had it re-registered in her name, for which I am nobody’s business being nobody’s business. The glad, but the problem should not have arisen. I matter will be taken out of politicians’ hands but will make no further comment on the matter they will take the blame when their constituents except to say that a layman could not have done come to them looking for answers. We will not what was done. The Minister can read between be able to call those responsible to account even the lines. However, my constituent won her case though the people elected us to represent them and got her property back, although the case may in this House and bring forward legislation. yet take a further step. The Land Registry found I hope something will be put in place to allow that the property had been re-registered, Members to table questions about problems with although it could not find out who had done so. I the Land Registry without them being ruled out hope that whatever equipment is installed as part of order by the Ceann Comhairle or Leas-Cheann of the current reform will ensure that such an Comhairle on the basis that the Minister is not incident can never occur again. responsible for the matter. The Minister for Great difficulty has arisen in getting local auth- Justice, Equality and Law Reform is responsible ority affordable housing property registered. It is for this matter. The Land Registry should be time action was taken in this regard. Residents under the control of the Houses of the Oireachtas are entering into contracts and agreements with or, at the very least, Members should be permit- local authorities but the process is being held up ted to table questions. Powers should not be because the property is not registered in the Land taken away from Members in respect of this issue. Registry. This should be dealt with more quickly Members can at least table questions at present so that residents do not have to wait. and receive answers. They can put pressure on This reminds me of the situation when local the Department of Agriculture and Food to hand authorities began selling local authority houses. over its documentation to the Land Registry if it When a local authority house is to be sold, a val- must be handed over. If we did not have this uation is made of the property and the tenants facility, it would be catastrophic for the people. are offered the opportunity to buy. In the Mayo The time has come for us to modernise the County Council area, if that offer is not taken up Land Registry to ensure that it does not take two within six months, the house is revalued. Last or three years for the sale of a house to be regis- year, a couple in my area had their house valued tered. It should be carried out quickly. Currently, and agreed to buy. However, their solicitor found solicitors blame the Land Registry while the Land that the local authority had not registered the Registry blames the solicitors, but it is the person property with the Land Registry and the deal buying the house who feels the pressure. These could not proceed. After approximately nine people who are frustrated with the Land Registry months had elapsed, the property had to be and solicitors have only the politicians to whom revalued by the local auctioneer, who increased to turn to sort out their problems. The process the price by 37%. This problem is now to be dealt should be more open. Solicitors should be forth- 1267 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1268
[Mr. Ring.] layer of bureaucracy but no improvement in coming about the date they send details to the services. If this happens, we will have failed again Land Registry and the dealing number. The Land as we have failed repeatedly over recent years. Registry should confirm when it receives the We are very good at creating jobs and introducing documentation and issue a date for the processing legislation but they do not appear to improve the of the case. service to the public. People are becoming angry Unfortunately, it is akin to the national lottery and frustrated with State services and it will not at present. Documentation is sent to the Land be long before they take to the streets to express Registry with no guarantee when it will be dealt this anger and frustration very sharply. Very busy with. A buyer can get the sale registered quickly people pay good money for services but cannot or he or she could wait years for it to be regis- get answers from either their solicitors, the Land tered. In my former career as an auctioneer, I Registry, the HSE or anyone else. I hope this Bill dreaded hearing that a problem with title had will work and bring about a modern Land Regis- arisen with a property whose sale I was handling. try to enable people to know that their business I knew that I would not complete the deal and will be completed in a very short period. would not be paid for two or three years because problems would arise when it was sent to the Mr. Connolly: Electronic conveyancing is a Land Registry. major step into the future and is this Bill’s ulti- We should modernise the Land Registry but mate aim. The legislation proposes to com- we should give it the resources, staff and equip- puterise the registration of titles and deeds in the ment it needs. I hope this Bill will not lead to the Land Registry preparatory to Ireland adopting matter being dispensed with so that politicians electronic conveyancing, as many countries have will no longer be able to table questions in the done. We know cases where people have gone Da´il in respect of the registry. I want to put on abroad and returned within a few days, having the record that people are frustrated with the purchased a property abroad after going through public service. If the Minister of State rings any all the legal channels, sorting out their mortgage Health Service Executive area tomorrow morning and signing off on the entire transaction. It is time looking for information, he will find that the new- to change the way such matters are dealt with in est member of staff in every HSE area is the Ireland and this Bill is possibly part of such a message minder. The same scenario arises in change. county councils and Government agencies. It will The manner of bearing witness to land trans- probably be the last time the Minister of State actions has evolved through the ages. We have hears from anyone in that HSE area. moved from the feudal symbolism of seizing, with I rang the Department of Social and Family its clods of earth, and beating the bounds, which Affairs and discovered that any caller would need denoted the freehold possession of land. The a degree in using a telephone to get through to modern method of validation uses the pen and the person to whom he or she wanted to talk. A ink signatures of the transacting parties and caller is first given a number. He or she rings that attesting witnesses. The objective remains the number, is asked for a particular number and is same: to identify the parties to a transaction, con- then transferred to another line. The same firm their consent and intentions and accurately situation arises with county councils. It is not pos- describe the land being transferred. There is sible to contact a member of staff. One’s call is much in the process that has not changed. diverted—— The public deserves a faster and less stressful way of buying and selling property. This Bill pro- An Leas-Cheann Comhairle: The Deputy is vides much of the legislative framework for a drifting away from the Bill. fully electronic process which will handle the transactions on-line. I hope that if it is handled Mr. Ring: I may be drifting away from the Bill electronically, it might make the process cheaper. but I am not drifting away from its principle A frustrating aspect of the process is the fact that which is that the people of this country are frus- if a person engages a solicitor to act for him or trated with the Civil Service for which they are her, the first question he or she is asked relates paying good money. They cannot get through to to the cost of the property. This reflects the the Land Registry, HSE or county councils. They amount that the solicitor must receive. This must are asking us, as politicians, what we are doing be changed because one is essentially looking at about this. Whatever system is established needs the same type of transaction. If a person is buying something for the customers. If they ring the a home or business, there should be a cost for it. Land Registry, they should be able to talk to There may be slight variations but it is a rather someone who will answer their questions and give crude way of deciding the bill. them the necessary information instead of being The Bill will fundamentally change our diverted to message minders. relationships with conveyancers who will, under The Land Registry should be modernised the projected system, prepare electronic docu- quickly. I do not want to see a situation arise like ments and verify the details against the register. that which has arisen in the health service or the They will then be able to use a secure network county councils with the introduction of another to communicate drafts to the other parties to the 1269 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1270 transaction and obtain approval of the docu- this was the element of doubt created that it was ments. When they are finally approved, they will not the best solution. With regard to the purchase automatically be given legal effect through the of a home, we must be seen to be completely entry of the results into the register. above board. This may be a difficulty, and The single most important task over the next Deputy Ring referred already to electronic vot- few years will be the establishment of the system. ing. Lessons may have to be learned from that The degree to which the potential of this techno- experience. logical innovation is harnessed will be a test of Digital mapping is a major project that needs the Government’s commitment to it. Our to be implemented to ensure that electronic con- national housing stock has been conservatively veyancing will become a reality. Not alone should valued at more than \300 billion, with more than land related information be available to \50 billion in mortgages. Concerns have been customers of the Land Registry, it should be expressed about the degree to which we are linked into the European Land Information indebted, however, that is another issue. As part Service, or EULIS as it is also known. Land infor- of its purpose of providing a legal framework for mation for European countries will become avail- electronic business, will electronic signatures and able through EULIS to facilitate international contracts be given the same status as written con- transactions for property and finance. We have tracts? This is a very important issue that must many international transactions at present. Ordi- be addressed. nary people are buying property abroad and we This Bill will substantially subordinate legis- should be linked into this system. We have the lation to attain its goal of facilitating the process opportunity to consider this and take it on board. of electronic conveyancing. The speeding up of Infrastructure is slowly but surely being put in this process would make a major contribution place to realise the grand plan of the rapid land towards avoiding the possibility of “gazumping”. transfer system. As the Bill indicates, it is merely I do not think this practice existed a few years preparing the way for an electronic conveyancing ago and buyers were hit with it when property system and it represents a somewhat cautious prices began spiralling out of control. The repeal approach to the electronic conveyancing chal- of the antiquated registration of deeds legislation, lenge. Once everything is in place to ensure the which dates back almost 200 years, and the quickest take-up of the technology and the earl- amending of the Registration of Title Act 1964 iest introduction of a fully integrated electronic are just two constituent parts of the electronic jig- conveyancing system, it is essential to set a strict saw. If the conveyancing process is to be speeded but reasonable timescale for its introduction. We up significantly, the use of electronic contracts may have it on the books but it is important to set and signatures will not be the main factor. It will a timeframe and to introduce it on a given date. boil down to the rapid flow of information in a At the time of introduction, electronic convey- standard form to facilitate the quick delivery of ancing should be compulsory. Changes are com- such information to the end user, the home buyer. ing whether lawyers like it or not. We should not This flow of reliable information should enable shy away from these changes but embrace them him or her to make an informed decision regard- and work towards the benefits that they can ing purchase and should achieve the desirable bring. The Bill is part of the process of modernis- aim of discouraging gazumping. The information ation of the registration system and migration will generally flow between solicitors, lenders, between types of registries, and the availability of surveyors, local authorities and the Land Regis- an electronic register will hasten this process. It try, which in this Bill is embracing the electronic will enable registries to play a pivotal role in the revolution. successful implementation of the electronic con- The key to the success and the ultimate aim of veyancing in Ireland, and I hope we proceed electronic conveyancing is the integrity and secur- with it. ity of the flow of information, which the Land Registry and the Registry of Deeds will bring Minister of State at the Department of Justice, about. Certification authority for digital signa- Equality and Law Reform (Mr. B. Lenihan): I tures of necessity would require approval, and thank Deputies for their contributions and for while lightness of touch in the general commer- their broad support for this measure. While it cial way may be acceptable, it would be another contains many technical proposals and measures, matter with regard to land. it also establishes the property registration auth- One’s own home is for most people their most ority to manage and control the Land Registry valuable asset and a single large purchase in and the Registry of Deeds. The aim of the Bill is which they will at some point be instructing a sol- to modernise and streamline registration mechan- icitor. In most cases it will be the only time a per- isms and procedures. son will instruct a solicitor. To foster public confi- The Government recognises the contribution dence, any electronic method of conveyancing an efficient and accessible land registration must have, and be seen to have, the utmost integ- system can make to improving the climate for rity. Electronic voting was tested in two constitu- business and enhancing business activity. It is an encies and although it appeared to work, the essential requirement in a modern successful equipment is now shelved. The simple reason for economy. We should not underestimate its practi- 1271 Registration of Deeds and Title Bill 31 January 2006. 2004: Second Stage (Resumed) 1272
[Mr. B. Lenihan.] complaints about the Land Registry and the cal importance for individual home owners wish- delays therein, one might wonder if it is the ing to dispose of their property or to borrow superior system that is alleged. Those are, funds for whatever reason. however, operational matters. The theory of the Many of the points raised in Deputies’ contri- Land Registry is undoubtedly superior to other butions were of a detailed nature and are there- registration systems. fore more appropriate for discussion on Commit- Compulsory registration was applied to coun- tee Stage. I wish to respond on some of the more ties Carlow, Laois and Meath in 1970. The com- general policy issues that were raised during the pulsory registration order that the Minister made debate. Promoting and extending registration of in September last means that counties Longford, ownership of land will be a key function for the Roscommon and Westmeath will join these coun- new property registration authority. The first ties as compulsory registration areas with effect attempt to introduce registration of title in from 1 April next. Since most of the farmland in Ireland was in the Record of Title (Ireland) Act these counties is already registered in the Land 1865. Its scope was, however, limited to land sales Registry, the main impact of the order will be on that were sanctioned by the Landed Estates transactions involving urban land in these areas. Court under the Landed Estates Court (Ireland) While urban land outside compulsory areas Act 1858. This legislation was an attempt to free may be registered under existing provisions on a up large estates incumbered by family settlements voluntary basis, much of it remains unregistered by permitting sale of the land and using the pro- because of the time and effort that may be ceeds to discharge the incumbrances. This required to register it and because of the diffi- allowed the purchasers to acquire clear title to culties that may arise in sorting out complex pyra- the land in question. The 1865 Act made pro- mid titles. It is difficult to state how many vision for registering such titles but did not estab- unregistered titles remain at the present time, and lish a dedicated land registry. As a result, little there may be as many as 350,000. A major chal- use was made of the registration option. lenge for the new authority will therefore be to Apart from this little-known historical episode, devise a strategy to promote and extend regis- the various land purchase Acts at the end of the tration of urban land. 19th century led to the establishment of the local The Minister has already agreed to a change registration of title system in Ireland. The land in land registration rules proposed by the rules purchase legislation provided loans for tenant farmers to purchase their holdings from landlords committee which increases the self-certification limit on applications for first registration received subject to annual repayments in the form of land \ \ purchase annuities. As these schemes involved from solicitors from 250,000 to 1 million. This the advancing of large amounts of public funds, it means that a solicitor who has examined a title was considered that title to the lands in question and is satisfied that the property is free from any — which formed the security for the loans and adverse rights, restrictive covenants or incumbr- which might have to be sold in the event of ances can certify it and apply for absolute title for default — should be secured by means of regis- his or her client and this will be accepted by the tration in a modern system. Land Registry. Arising from this, the Local Registration of The reforms contained in this Bill will undoubt- Title (Ireland) Act 1891 established the Land edly lead to operational efficiencies within the Registry and provided that the registration of title Land Registry and, as a result, to increased capa- was compulsory in all cases where land was pur- city to deal with applications for registration. On chased under the land purchase schemes. All this the need for additional resources, the Minister land has remained within the registration of title prefers to await the views of the authority on this system. The system brought about by the 1891 matter in due course. Act is the correct system for the registration of Several Deputies mentioned the need to mod- titles, pioneered by the theorist Torrens and ernise our land and conveyancing laws. The Mini- reflecting on the local register the actual owner- ster for Justice, Equality and Law Reform is com- ship of the land. The significance of the 1891 Act mitted to law reform in the two related areas for is that we have now arrived at the stage where which he has responsibility, namely, substantive approximately 85% of the land in the State, land and conveyancing law and the land regis- including almost all farmland, is registered in the tration systems which are dealt with in the Bill Land Registry. before us. The Department of Justice, Equality The Registration of Title Act 1964 modernised and Law Reform is involved in a joint project the 1891 Act and restated its basic and essential with the Law Reform Commission with a view to provisions in a reformed format. It foresaw the modernising our land and conveyancing laws. The gradual extension of compulsory registration, but first phase of the project resulted in a Law in reality very little progress has been made in Reform Commission consultation paper on compulsory registration, notwithstanding that the reform and modernisation of land law and con- registration of titles system in the 1964 Act is the veyancing law which contains more than 90 superior system for the registration of land trans- recommendations for a radical and far-reaching actions. Listening to some Deputies and their overhaul of all our land and conveyancing stat- 1273 Registration of Deeds and Title Bill 2004: 31 January 2006. Referral to Select Committee 1274 utes. It was published in October 2004 and was sidered by the Grand Chamber at Strasbourg and followed by a consultation process. a new judgment will be delivered in due course. The next stage of the project was the publi- Before concluding, the Minister wishes to cation of a Law Reform Commission report inform the House that he intends to introduce which the Minister launched on 14 July 2005 and several amendments to the Bill on Committee which contains a draft land and conveyancing law Stage which are intended further to improve Bill. The Government legislation programme efficiencies within the registries. These proposals which was published last week provides for the have been triggered by earlier discussions in publication of the Bill in 2006. Work is already Seanad E´ ireann and by the responses of the Land under way on preparing a text for publication. Registry and the Law Society to issues that have The joint project identified more than 160 pre- been raised in connection with the Bill. They 1922 statutes which should now be repealed, the include the phasing out of land certificates and earliest of which date back to the 13th century. certificates of charge. It is accepted by interested The repeal of redundant statute law and the bodies, including the Law Reform Commission, removal of outdated notions such as feudal ten- the Law Society, the Irish Mortgage Council and ure will represent a significant contribution to the the Land Registry, that the continued use and process of regulatory reform, including statute operation of land certificates and certificates of law revision, to which the Government has com- charge constitutes an obstacle to the introduction mitted itself. and operation of electronic conveyancing. The In light of a recent judgment of the European Minister intends to provide on Committee Stage Court of Human Rights, the Minister wishes to for a phasing out of these certificates. put on record a few words concerning adverse Another issue concerns permitting applications possession. The statutory position is that appli- cations for title based on adverse possession of for qualified title. While existing legislation land are made to the Land Registry under section allows the Registrar of Deeds and Titles to grant 49 of the Registration of Title Act 1964. In such qualified title in certain cases, such as where the cases, the applicant claims that the rights of the registrar is not satisfied that absolute title is justi- registered owner have been extinguished under fied, it does not allow applicants to apply for such the Statute of Limitations and that the applicant title. The Minister intends to remedy this short- is now entitled to be registered as owner. For coming by allowing applications for qualified obvious reasons, the Land Registry considers all title. The 1964 Act already contains provisions applications for registration based on adverse that permit, with the passage of time, the conver- possession with particular care and attention. In sion of such titles into absolute titles. each case, the facts and circumstances are exam- The Minister intends to provide that leases of ined in great detail and it is usual for notices to registered land will also be registered. At present, be served on the parties whose rights have alleg- the owner of registered land may lease the prop- edly been extinguished by the passage of time. erty, or part of it, and the lease is deemed to con- Some applications are withdrawn by the appli- vey an unregistered leasehold interest. For the cant on receipt of correspondence from the Land lease to be registered, the lessee must apply for a Registry outlining the legal conditions that are first registration. This takes both time and money. necessary to acquire title by means of adverse The Minister intends to amend the 1964 Act to possession. Where it appears to the Registrar of make it much easier to register leases of regis- Titles that an application in any particular case is tered property. The aim of these amendments is vexatious or frivolous or does not meet the strin- to simplify registration procedures further with a gent requirements of section 49, the application view to reducing delays and paving the way for will be refused. It is open to any party to a section electronic conveyancing of land. 49 application to appeal a decision of the Regis- trar of Titles to the courts but in practice, such Question put and agreed to. appeals are rare. The Registrar of Titles has informed me that Registration of Deeds and Title Bill 2004 the stay that she placed, with effect from 7 [Seanad]: Referral to Select Committee. December 2005, on the processing of applications based on adverse possession of land was tempor- Minister of State at the Department of Justice, ary pending consideration of the European Court Equality and Law Reform (Mr. B. Lenihan): I of Human Rights judgment in the case of J.A. move: Pye (Oxford) Ltd v. the United Kingdom. The That the Bill be referred to the Select Com- stay was lifted with effect from 5 January 2006. mittee on Justice, Equality, Defence and The full implications of the ECHR judgment in Women’s Rights, in accordance with Standing this case have yet to be determined. However, it Order 120(1) and paragraph 1(a)(i) of the does not become effective until mid-February at Orders of Reference of that committee. the earliest. In the event of a successful appeal of the judgment by the UK authorities under exist- ing appeal mechanisms, the case will be recon- Question put and agreed to. 1275 Competition (Amendment) Bill 2005: 31 January 2006. Second Stage (Resumed) 1276
Message from Select Committee. local corner shop. The Taoiseach, for all his talk about protecting the community, is destroying it. An Leas-Cheann Comhairle: The Select Com- He proclaims Mr. Puttnam’s book on how to mittee on Enterprise and Small Business has con- develop communities but everything Fianna Fa´il cluded its consideration of the Employees and the Progressive Democrats have done in (Provision of Information and Consultation) Bill Government diminishes our sense of community. 2005 [Seanad] and has made amendments At the centre of any community lies the corner thereto. shop and genuine concern exists that watering down the provisions in terms of protecting the Competition (Amendment) Bill 2005 [Seanad]: competitive environment for those small shops Second Stage (Resumed). will lead to a situation where large multinational supermarkets are able to become more dominant. Question again proposed: “That the Bill be That is bad for the development of our communi- now read a Second Time.” ties and is the reason for my party’s opposition to Mr. Eamon Ryan: I wish to share time with this Bill. Deputy Arthur Morgan. The experience elsewhere is the same, as statis- I welcome the opportunity to speak on the tics and comments have revealed. Correctly, we Competition (Amendment) Bill 2005 and to con- compare ourselves primarily with the UK, which, tinue a debate that has been taking place for howsoever the statistics are twisted, has been approximately two years. The debate has taken clearly unsuccessful in maintaining local shops. on a prominence far beyond the benefits intended Massive out-of-town shopping centres dominate by the Bill and has been deliberately engineered that country’s retailing sector, resulting in huge in Government circles to distract from the losses. The Minister may try to fudge the figures broader debate on the bad deal consumers have or change the facts by quoting the proximity of a received in recent years. It has been the perfect certain percentage of householders to the nearest vehicle for the Government to distract attention petrol station, but that does not represent the from the inflationary policies it introduced prior classic community outlet or the type of shop we to the previous general election when it pump- are trying to protect and develop. Being able to primed the economy for electoral purposes. Then walk 4 km to the nearest petrol station is not, in came rip-off Ireland to distract people from the my estimation, the type of retailing environment mismanagement of the economy. The issue has we need to protect and develop our communities. been the subject of disproportionate focus. I briefly remarked earlier on a committee meeting I attended at which the CSO made an Mr. M. Ahern: We have growth rates of 5% to utterly compelling presentation. Evidence from 6% and full employment. the 18 to 20 years of the grocery order suggests that, for the vast majority of the time, there was Mr. Eamon Ryan: Prior to pumping the econ- no statistical difference between the price of omy for the next general election, the Govern- goods covered by the order and those not ment will say it has tackled the issue of the lack covered. That simple but undeniable fact belies of competition by the bold provisions of this Bill, the arguments and shows that this issue was but that is nonsense. It does not attack the core blown out of all proportion. One of the prime issue of competition in this society. As evidence reasons for the relatively small divergence from Central Statistics Office and other reports revealed in figures for recent years is that the have shown, the groceries order was not a major grocery order included a significant proportion of reason for the lack of competition in the market. basic foodstuffs produced in this country, such as The Taoiseach, relying on the steady feed of milk and bread, which we will never import. They information from focus groups, cleverly realised fall within a completely different competitive that while the country and the economy were price pattern from most of the goods on the non- doing very well, there was a sense of unease at grocery order. For example, practically all our the loss of certain values and characteristics we clothing comes from the Far East, where the cost once treasured, namely, the sense of community, of workers can be less than \1 per day. A slight belonging and place. There is now a feeling of price difference will apply in that situation alienation, despite the wealth we have. The between grocery order dominated products, Taoiseach is astute and, a year or so ago, made which tend to involve a higher percentage of the political decision to project himself as a com- home produced goods, and outside products. munity man, despite the fact that, as a Minister Another competitive retailing issue is the dif- and then Taoiseach for effectively the past 20 ference between prices here and in the UK across years, he and his colleagues have done more than all price bands, which can in part be explained by anybody to bring those changes about and our threatened fate of becoming an extension of damage our sense of community. He did so first the UK’s distribution system. Rather than having with transport policy and now with retailing. our own wholesale system and suppliers, we are The groceries order was an attempt to protect becoming in effect a continuation of the Manch- a form of retailing that connected with the com- ester section of the British distribution system. I munity and provided choice in the form of the have investigated this matter and am concerned 1277 Competition (Amendment) Bill 2005: 31 January 2006. Second Stage (Resumed) 1278 that, as a euro country, we suffer from circum- basis because that is not in the interests of con- stances in which goods produced in the European sumers. Companies use such practices to attract Union are imported into the UK, where an people but the costs involved can be recouped by exchange rate difference occurs, and then go selling other products for slightly higher prices. A through a further exchange transaction when check on the honesty of such a system would be shipped to Ireland. We suffer from being a subset to determine whether restrictions are placed on of the UK’s distribution system and are being hit offers. by two or three exchanges. A range of amendments could be made to The Government needs to examine the issue of sharpen this Bill but I return to my primary ques- the costs involved in exchanges. If we allow tion of why this issue was given prominence. I Ireland to go the way of America and Britain, believe it was given such an airing because it was where large retailers dominate, these problems a distraction from the broader economic mistakes will only increase. The dominance of Tesco here that have been committed by the Government. and in England cannot be ignored. While that That is one of the reasons my party is opposing dominance arose through the company’s good the Bill, which will remove something proven to management and competitive instincts, as a policy be effective and important, not only for the maker, I am not sure that I want a situation to retailers who may be taken out of business by develop here where we have one large multiple powerful multiples, but also in terms of the pro- in effective control of the Irish groceries market. tection and development of communities. Our If I look at what was achieved during the history sense of village, town and urban life requires the of the groceries order, I see no major increases in existence of a local store so that people are not prices compared to other goods. It was one small reliant on large multiples in out-of-town but valuable part in the protection and develop- locations, which the Minister for the Envir- ment of the independent grocery sector here, onment, Heritage and Local Government seems which, despite being much stronger in compari- to favour — the Lord knows why, as he is sup- son with our neighbouring island, is being gotten posed to be responsible for the environment. We rid of by Fianna Fa´il. should not be left with that type of urban society I share the concerns of some previous speakers because the Taoiseach is correct that such a on the failure of the Bill to address the core situation is not conducive to communities. The issues. If the Minister believes he can provide Government either believes in developing com- better order through this competition Bill, it munities or in looking after big business. I sense behoves him to tackle the core provision of the that it espouses the latter attachment. groceries order, that is, the restriction on preda- tory pricing. However, the legislation will not do that and will have to be amended on Committee Mr. Morgan: My party does not support the Stage if the Minister wants it to do so because, for primary purpose of the Bill, which is the revo- all the talk about companies being able to take on cation of the groceries order. Sinn Fe´in supported legal cases with the Competition Authority if the retention of the order because it was intro- there is proof of dominance or unfair compe- duced to address the fact that large supermarket tition, it will be incredibly difficult for retailers to chains would, in its absence, use loss leaders — carry through successful cases. products sold for less than the cost of production We have seen the complete inability of the — to lure customers into stores by creating a dis- Competition Authority to undertake effective torted impression that the goods sold were action where there was strong evidence of lack of cheaper than those of rivals. Small stores with competition. If such cases did not result in pros- tight profit margins will find themselves unable to ecution, how can we believe, unless we legislate compete. Ultimately, communities and customers against predatory pricing, that small retailers will will suffer if small retailers are forced out of busi- be able to use the Competition Authority to pro- ness and people cease to have access to small tect themselves? Even if the Minister is allowed retailers based in their communities. There is also this approach, there is a fundamental flaw in his serious concern that the revocation of this order means of achieving his objective and I wish he will adversely affect local producers. would amend the Bill accordingly. In a joint submission to the Minister for The restriction on so-called “hello” money is Enterprise, Trade and Employment, the Society welcome because that could lead to uncompeti- of Saint Vincent de Paul, the Combat Poverty tive practices but it should be extended beyond Agency and Crosscare raised concerns that the the narrow remit of groceries as defined within repeal of the groceries order “may well cause a the Bill to a broad range of everyday household negative impact by worsening the inequalities items. A case can be made for an amendment that already exist in the groceries market, owing which allows for no restrictions on offers. If a to issues of access and availability of low-cost, company discounts massively and provides cheap nutritional foodstuffs in low density and low loss leaders to bring customers into stores, it income areas”. They suggested that the revo- should not be able to restrict the offers it makes. cation of the order would put low income families It may use such tactics of its own free will but this at greater risk of food poverty. These charities should not be allowed on a completely restrictive said it would be worth considering extending the 1279 Competition (Amendment) Bill 2005: 31 January 2006. Second Stage (Resumed) 1280
[Mr. Morgan.] are being targeted by the Competition Authority. order to cover meat, fish, fruit and vegetables The Minister has indicated that he is unwilling to because perishables were not originally included. make legislative changes to address the position The ban on below-cost selling and the retail in which these workers find themselves. This is planning guidelines have ensured that retail simply not good enough and underlines the development in the State takes place in a rela- necessity to remove responsibility for labour tively sustainable manner and have provided a affairs from the Department of Enterprise, Trade measure of protection to small traders and local and Employment. I reiterate the call I have made economies. My party does not support the con- previously for the Minister to amend the Indus- clusion of the Government’s Consumer Strategy trial Relations Acts in respect of the definition of Group report, upon which it seems the Minister employee to rectify this unacceptable situation. based his decision to revoke the order, which calls I also have serious concerns regarding the for an end to the ban on below-cost selling of agenda of the Competition Authority on other groceries. In particular, we contest the statement fronts. It is becoming increasingly obvious that a in that report that the ban on below-cost selling central objective of the authority is to push the inflates prices and harms consumers. Government’s privatisation agenda, as was seen In tandem with the moves being implemented from its recent report calling for the opening up by way of the legislation before the House is the of CIE’s profitable bus routes to private oper- equally regressive relaxation of the retail plan- ators. It is clear that the Competition Authority, ning guidelines by the Minister for the Envir- along with the Government appointed National onment, Heritage and Local Government, Consumer Agency, which last week was severely Deputy Roche. Unfortunately, it appears to me rebuked by the Broadcasting Complaints Com- that if one wants to change Government policy, mission for breaching broadcasting regulations by and particularly in the case of Deputy Roche, engaging in political advocacy in its campaign to then one gets a large company to lobby the Mini- have the groceries order rescinded, are mere ster strongly. If one looks at the case of Wrigleys vehicles of the Government to further its assault and the chewing gum tax, the Minister backed off. on the public delivery of essential services. The He backed off in the Ikea case too and there are aforementioned are not independent bodies, as other examples with his Department, such as people have been led to believe. incineration. That is most unfortunate. I wish to raise another matter of urgent import- My party does not believe it is acceptable for ance. The legislation is largely designed to facili- retail and planning policy to be dictated by a sin- tate large retail chains and I wish to draw atten- gle furniture retailer seeking to enter the Irish tion to the conduct of one such chain, namely, market, which is what happened in the case of Dunnes Stores. A shop steward with the union Ikea. There was no impediment to Ikea entering Mandate was sacked from her position at Dunnes the market while the original retail planning Stores in the Ashleaf Centre in Crumlin for wear- guidelines remained in place, particularly given ing a union badge on her store uniform. The com- that it operates stores that are within those guide- pany compounded this action by its subsequent lines in a number of other countries. refusal to attend a meeting about the disciplinary My party is keenly aware of the consequences action with the worker, Ms Joanne Delaney, of such superstores in other states, where corner because she was accompanied by her trade union shops, grocers, banks, post offices, public houses official. According to Mr. Brendan Archbold of and hardware stores disappeared from urban and Mandate: rural communities. As we have said on many The decision by Dunnes to sack a member occasions, following the US model of building of Mandate for wearing her union badge is massive, out-of-town retail warehouse outlets will symptomatic of a wider campaign by the chain have a detrimental effect, not only on smaller and to undermine this union and to systematically indigenous retailers who have abided by the retail erode our right to represent our members planning guidelines but also on local communities effectively. For a considerable period of time and the environment. Developments of this size now, it has been clear to Mandate that the com- have enormous implications for traffic congestion pany has wilfully and methodically sought to and use of land, but their most obvious impact is obstruct our efforts to engage with them on a on the local economy. variety of issues. This is just one example of the I have raised the following matter on numerous company’s deplorable attitude to Trade occasions but am compelled to raise it again Unions. because it has not been addressed, namely, that competition law is being used mischievously by This case is symptomatic of a wider degradation the Competition Authority to attack the right of of workers’ rights, which has been under way in certain workers, particularly actors, musicians, this State for a number of years by some film crews and freelance journalists, to be collec- employers. It is useless for the Minister to wax tively represented. When the original competition lyrical about the benefits of social partnership legislation was going through this House, guaran- while allowing certain employers to engage in tees were given that this situation would not anti-union tactics such as those to which I have occur. It is ridiculous that these low-paid workers referred which are designed to intimidate 1281 Social Services Inspectorate: 31 January 2006. Motion 1282 workers who wish to become more active in the — the lack of information and trans- trade union movement. I call on the Minister for parency about standards applying to Enterprise, Trade and Employment to intervene nursing homes; and directly with Dunnes Stores to ensure the immediate reinstatement of this worker and — the failure to make current inspectors’ make it clear to the company that this kind of reports easily accessible and available action will not be tolerated. This issue has been to the public, nursing home residents raised in the Scottish Parliament and in and their families; Westminster and will do serious damage to the calls on the Government to: reputation of this State in respect of the protec- tion of workers’ rights. — prioritise the drafting of the promised legislation so that it is introduced in this Mr. Perry: I am pleased to have the oppor- session of the Da´il; tunity to contribute to the debate on this Bill — make all inspection reports directly because I believe it is of considerable importance available to residents of nursing homes to consumers and retailers. I have a vested and their families and accessible to the interest in the retailing sector and understand the public, free of charge; and importance of small businesses and retail outlets to the fabric of every town, county and region. I — ensure that the nursing homes inspec- have worked with the Musgrave group and the torate is resourced with relevant pro- BWG group and am aware that investment in the fessionals. retail sector has played a critical role in this econ- This motion addresses the social services inspec- omy. The retail sector has become increasingly torate that is supposed to look after people in competitive, with competition between multiples public, private and other forms of residential and independent retailers. This has led to an institution within this State. It was promised but increase in the overall level of retailing as well as not delivered by the Government during 2005. an enormous improvement in choice. The retail We are calling on not only the Government but sector does not want to be ring-fenced but wants particularly the Taoiseach to move on this issue. competition that is fair. If he is happy to look after the child care needs The groceries order was effective in 1987 but of children in Latvia and Poland, the least he the definition of groceries has changed consider- ably since then. The changes proposed concern- could do is look after issues surrounding the care ing the Competition Authority are important and of the elderly in his own country. He has paid lip are very much welcomed by the trade. However, service in the past 12 months to this as a priority predatory pricing needs to be addressed carefully for his Government. and I am disappointed by the manner in which The charge against the Government tonight is the Minister has chosen to deal with this issue. If that there is no commitment to the care of the multiples offer a promotional line, they should do elderly in the community or residential sector. so for a specific period in all outlets. If they are The Government has dragged it heels on this allowed to focus promotions on a confined range issue and kicks and screams against every pro- of stores, that will be to the detriment of smaller posal made by the Opposition. It only moved on retailers in towns and villages. I am not simply issues related to the care of the elderly in the last referring to grocery retailers but to pharmacists budget because there will be an election next and other retailers, including restaurateurs. year. Prior to that, nothing was done for the care of the elderly in the lifetime of this Government. Debate adjourned. Mr. Cassidy: We never gave anyone £1.83 in Private Members’ Business. a budget.
———— Mr. O’Dowd: Deputy Cassidy is a disgrace and so is his party. Social Services Inspectorate: Motion. Mr. Cassidy: I am not a disgrace. Dr. Twomey: I move: That Da´il E´ ireann, Mr. O’Dowd: The Deputy could not care less about the elderly. concerned at: — the failure of the Government to fulfil Mr. Cassidy: Fair is fair and I respect the promises made in this House by the speaker who is addressing the House. Taoiseach and the Ta´naiste and Mini- ster for Health and Children to intro- Mr. O’Dowd: Such rubbish. I take my hat off duce legislation to provide for an inde- to the Deputy. pendent statutorily-based inspection regime for all nursing homes; Mr. Cassidy: I salute Deputy O’Dowd too. 1283 Social Services Inspectorate: 31 January 2006. Motion 1284
Dr. Twomey: All vulnerable adults, such as been delivered? Only 2,250 were delivered, 32% those with a disability, in this society deserve the of the figure promised. We were promised 5,600 protection of the State but they are not getting it. beds in community nursing home, community Children do not get the protection of the State, care, community support and extended care beds as we have seen time and again in regard to vet- — the Government pledged to provide 800 beds ting, which is not coming through. The proposals every year for seven years. How many have been I have for the social services inspectorate will pro- delivered? A total of 537, a 9.5% success rate in tect elderly people in every setting in society. The delivery of Government promises on services for Government has only paid lip service to this idea older people. in the past 12 months. Words are not enough, it Should it come as a surprise, therefore, that the is time for the Government to stand up for what Government has totally failed to implement legis- it believes or it will have zero credibility with the lation that would protect the elderly or establish people at the next election. an inspectorate that would protect elderly people The Taoiseach, the Ta´naiste and the Minister from abuse in public and private residential nurs- of State at the Department of Health and Chil- ing homes? I will not go into detail on what has dren, Deputy Sea´n Power, promised legislation happened in many of those nursing homes. I will before the end of 2005, but not even the heads of leave that to Deputy O’Dowd, who has done tro- a Bill have been delivered as we start this new jan work on this issue in recent years. Da´il session in 2006. It is worth remembering Other promises were included in the health what was said. The Ta´naiste stated in April that strategy, specifically in the care of the elderly there are commitments in the health strategy, area, that have become stuck in the 2001 time- Quality and Fairness — a Health System for You, warp, promises made before the last election. in Sustaining Progress, the social partnership Legislation was enacted to clarify entitlements agreement for 2003-04 and An Agreed Prog- because many elderly people still do not know ramme for Government of June 2001 on the their entitlements, but under the HSE, which was establishment of a social services inspectorate on supposed to equalise services across the State, a statutory basis and the extension of its remit to there are still differing rates of subvention in other social services, including residential services different health board areas and different inter- for older people. In the nine months since those pretations of entitlements. This basic legislation words were spoken, nothing indicates any more has not been implemented. commitment on the Government’s behalf to the Every time a Minister discusses care of the eld- establishing of a social services inspectorate than erly, it is pointed out that our population is aging there was in April 2005. It is a shocking indict- and the percentage of people over 70 is increasing ment of the Government. year on year, but where is the framework policy The former Minister of State at the Depart- to address this? After five years, the Government ment of Health and Children, the self-styled has failed miserably to even publish a policy champion of the elderly, Deputy Callely, in July document on care of the elderly. Many ideas have 2003 told the Da´il that health boards were been bandied about, with report after report, involved in the preparation of draft standards of such as the O’Shea report, the Mercer report and care for residential institutions for older people. another Cabinet working group that is to report These draft standards were to build on the stan- back to the Ministers for Health and Children dards required of private nursing homes under and Social and Family Affairs. As we move the Nursing Home (Care and Welfare) Regu- further into the century, the Government has no lations 1993 and to have regard to international idea how it will fund care of the elderly in future. good practice in this area. It is obvious neither This lack of commitment was demonstrated in Deputy Callely nor the Government chose to fol- the last budget, where the Government trum- low up and ensure these standards were finalised peted the broadening of subvention criteria as a or implemented. If they were finalised, where are great step forward. Broadening the criteria for they now and why were they not implemented in the subvention is not much use if the rates of sub- the past two years by the Government? vention patients can get are still stuck in the 2001 In 2005, we tabled a parliamentary question to time-warp. How much help would it be for find out what services for older people, promised patients to receive between \131 and \160 per by the Government in the health strategy, which week to pay nursing home charges? Has the Mini- was Fianna Fa´il’s manifesto on health prior to the ster any idea of the changes in the cost of nursing last general election, were being provided. We homes since 2001? If he thinks they have not were promised 600 day hospital beds but none changed, he is also stuck in a time-warp. There was delivered, at least to the best of our know- has been a dramatic change in the cost of nursing ledge because the HSE could not tell Fine Gael home care. how many day hospital beds for the elderly were The Government is also failing miserably to provided since 2001. We were promised 1,370 provide services for people in the community. We assessment and rehabilitation beds but how many will need to keep a close eye on events because have been delivered since 2001? There was a total there appears to be a drift towards privatising of 95, a 7% success rate. We were promised 7,000 much of this service. I wonder whether a large extra day care places in 2001. How many have number of home help hours are being repackaged 1285 Social Services Inspectorate: 31 January 2006. Motion 1286 into small parcels to be delivered by the private Mr. O’Dowd: While this is an important sector, without an overall increase in the delivery debate, it is unfortunate that it takes place in the of care in the community. full and certain knowledge that the Minister of Not only is the Fine Gael Party calling for the State at the Department of Health and Children, immediate establishment of the social services Deputy Sea´n Power, has laid before the House inspectorate — we have had enough dilly-dallying no evidence of changes he has made in the from the Government on this important issue — Department and the Health Service Executive but all the issues which arise as a result of its since the Leas Cross story broke about a year establishment must be acted on immediately. ago. It is shameful that he has sat on his hands Legislation on entitlements must be introduced and that the Government has done no productive and applied equally throughout the country. The work on this issue in the intervening period. purpose of establishing the Health Service Execu- As a letter the Minister of State received from tive in what the Government describes as a the Health Service Executive demonstrates, he reform process — it is far removed from reform was informed in May last year that up to ten nurs- — was to have a uniform approach. ing homes could have to close in north County Dublin if changes were not made. The level of With regard to subvention payments, only 5% care in Leas Cross and many other nursing homes of the elderly population reside in a nursing home around the country was appalling. The Minister or avail of any other form of residential care. of State has been charged with the responsibility Those who end up in such care should be given of changing this but has failed miserably to do the utmost protection and comfort. Families so. It is a disgrace that the Government has not should not have to go broke looking after elderly produced the legislation it promised, as my col- relatives. The Government must have the cour- league, Deputy Twomey, stated. age of its convictions and deliver a policy on I received a letter on 31 May 2001 under the funding care for the elderly, rather than continu- Freedom of Information Act before the legis- ing to tinker at the edges. The funding package lation was amended. It states: of \150 million for care of the elderly the Government announced for 2006 suddenly I refer to your request under the Freedom of Information Act in relation to copies of nursing dropped to \110 million when the details home inspections where significant breaches of emerged. This figure must be scrutinised more the regulations were noted. I apologise for my closely in future to ascertain what precisely is delay in replying. I have now identified 12 nurs- being delivered in the area of care for elderly ing homes of interest. people. In terms of expenditure, the only advance the I will discuss three of the institutions referred to Government made in this area since 2001 was to in the letter. introduce medical cards for those aged over 70 years. The delivery of this measure was con- Mr. S. Power: On what date did the Deputy sidered stroke politics at the time. While giving receive the letter? medical cards to all those aged over 70 years is Mr. O’Dowd: It was sent on 31 May 2001, long not a bad idea, giving them to multimillionaires before the Minister of State was appointed to and paying general practitioners three times the office. rate paid for less well-off medical card holders The fourth, eighth and ninth nursing homes on demonstrates the major shortcomings in the the list are Bedford House in Balbriggan, Ros- system. Unless this measure is followed up with trevor nursing home and Rathfarnham nursing all the other Government promises and the home, respectively. In the 12 months since the Government demonstrates a commitment to the Minister of State was appointed, the case against care of the elderly, its credibility will be com- Rostrevor nursing home has concluded success- pletely undermined. The reason the Fine Gael fully with the courts imposing a fine of \8,000 on Party is putting pressure on the Government in the home’s operator. In the second case today’s this area and making primary care and care of the issue of The Irish Times features a report on the elderly in the community our political priority is Rathfarnham nursing home. A letter dated 30 to embarrass the Government into looking after June 2005 from a doctor who was on an inspec- elderly people properly in their communities. tion team which visited the home states: During questions earlier, I was shocked by As a member of the inspection team of this Ministers’ lack of knowledge about services they nursing home in the past 12 months, the only claim to be providing in the community. The cur- possible outcome is the non registration of the rent position must change and the Government above nursing home. My conscience would not must take as its starting point the need to provide allow me to consider any other alternative. As care for the elderly. The messing around must a medical doctor I stand over the reports I have stop. The Government must quickly provide already signed regarding this home’s non regis- proper care of the elderly in the community and tration. My medical integrity would be at issue residential institutions and ensure that those liv- were I to decide otherwise. I have no difficulty ing in such institutions are protected. making myself available giving evidence as to 1287 Social Services Inspectorate: 31 January 2006. Motion 1288
[Mr. O’Dowd.] blower. I know nursing home carers and nurses the breaches I noted on my inspection visits in who feel if they took their requests to the Health the district court should the proprietor appeal. Service Executive they would not be protected and would lose their jobs. They have told me These remarks, made in June 2005 and after the there are still appalling situations in nursing Minister of State’s appointment, relate to a nurs- homes. One of them, which would concern us all, ing home which was regarded as a problem home is that when people die in a nursing home they in 2001. The Government’s lack of interest and are not properly laid out and no respect is shown failure to take action on foot of promises it made to the bodies before they are placed in a coffin. in 2002 to change the nursing home regime have Another is where if residents are able to go to resulted in people suffering unduly in nursing the toilet their bodies are not washed by the staff homes. Many hundreds of such homes are excel- afterwards. In other cases clothes are recycled. lent and have the highest possible standards but People may have just one outfit and clothes in those to which I referred are not the only ones the nursing home are given to everybody. There with appalling standards. The job of the Govern- is no compassion, concern or commitment to look ment is to protect the weak and elderly and it has after those people by the people who operate singularly failed to do so. For example, it has those nursing homes. failed to amend legislation to address the nursing I repeat that the vast majority of nursing homes homes which were mentioned in 2001, were still are excellent but those that are not are appalling causing problems in 2005 and, to the best of my hell-holes in which people are treated like ani- knowledge, continue to be a problem in 2006. The mals. The Minister has taken no action to change Government has shown a complete failure of that situation. The case of the Rosstrevor nursing intent and commitment. home shows that unless the legislation is changed How do we know some nursing homes are so all the inspectors in the world will change bad? We find out through the Freedom of Infor- nothing. The High Court found that the legis- mation Act. Unfortunately the Health Service lation the Minister promised to change almost a Executive is treating the Act as a barrier to get- year ago, and which the Government promised to ting information on nursing homes. Time and change four years ago, is not strong enough to \ again one must submit an application and 15 to close an appalling nursing home such as Ros- secure information. I asked the Health Service strevor. The Minister has the legislation to change Executive, through a parliamentary question, to the nearest chipper were mouse droppings found provide me with the number of successful convic- in it. What about the elderly who are being tions secured against nursing homes in the past abused in some of these nursing homes? The ten years. The reply I received stated that I Minister offers them no protection. This Govern- should seek the information under the Freedom ment has failed to protect those people, a shame- of Information Act. The Health Service Execu- ful situation which must change. tive is rapidly becoming the “Health Secrets The law requires that within two months of a Executive”. There is no transparency or openness person’s admission to a nursing home a contract about the manner and means in which nursing of care be signed by the nursing home and the home procedures are dealt with. patient. Thus the needs of the person and the pro- I was told by the Health Service Executive visions of the nursing home are written down and when I rang today that, despite the written prom- signed off by everybody concerned. However, the ises I received from the Minister of the day last Health Service Executive has no contracts of care year following events at Leas Cross, which indi- with patients in private nursing homes. In many cated that nursing home inspection reports would cases it is hard to escape the view that people are be placed on the HSE website as soon as they dumped there and that nobody cares about them, were available, one can search its site as much as least of all the health board that placed them one likes but one will not find transparency or there. That is a shameful situation and one about information on any nursing home inspections that which the Minister could command knowledge. have taken place in the State since the Leas Cross The least he could have done when he got his job case. This is another case of the Government fail- was to call in the nursing home inspector and ask ing to deliver its commitment to change and the to see what is happening in his constituency. I Health Service Executive failing to provide true, have facts on bad nursing homes in the Minister’s honest and open information to Deputies who constituency and would be glad to give them to seek it. Members of the Oireachtas are the least him. They are not good, but he has done nothing of those who count. The people who count in this about it. regard are patients in the nursing homes and their I challenge the medical profession to come families who are being denied access to this infor- clean with the knowledge it has. I refer to mation. The Minister of State, as I have shown, members of the medical profession who are regis- has failed in his job. Over the last few days I have tered owners of nursing homes. I ask that met people who work in different nursing homes Bedford House and its operation over the past in my constituency in north County Dublin. The few years be examined by the media. There is an most significant legislative problem people face is important issue there. If somebody who has a that the Minister has failed to protect the whistle special oath and commitment to the medical pro- 1289 Social Services Inspectorate: 31 January 2006. Motion 1290 fession runs a nursing home, it should be the and I am aware of no complaints. I know several best place. people who spend valued time in them. One must The fundamental issue is transparency and stand back from this and examine carefully the openness. I do not know who wrote the Minister’s findings of the “Prime Time” investigation team. script. The work I have done tells me that It happened in one place already and due to throughout the country, in each former health human nature, if it is let go unchecked, what is board region there have been thousands of contemplated today could be an accepted prac- breaches of the regulations — many minor, some tice in the system in ten years’ time. That is why not so minor and many of them major. This has the inspectorate is so vitally important. been the position over the last few years it con- As far as I know, there is never any trouble in tinues. There has been no change in the law and a nursing home with people that are active and that is where the Minister has failed. Time and whose mental capabilities are such that they are again the nursing home inspectorate suggests able to look after themselves as far as is practi- things should change and then says it is seeking cable. These people are not only inside the nurs- legal advice. Year after year the legal action fails ing home as they are also able to walk out during to happen and the problems continue. the day and meet their neighbours. An inspector- I have done much work on this and all my ate is important for these people, but it is not spare time goes into it. The Minister’s job is to necessary. However, some people lose their sen- spend all his time at this work and if I were mark- ses and are unable to look after themselves. Such ing his card I would give him zero because while people may have to be spoon-fed and looked there are many changes he could have made he after like children. It is only then that this inspec- has done nothing. I challenge the Minister to torate should be there on behalf of those people bring in the legislation he promised, to protect because such people have dignity, they have the elderly, the weak, the sick, the infirm, the suf- served this country well over the years and they ferers of dementia and the psychiatric patients should not be stripped of their dignity in the last put into nursing homes. The Minister has a duty years of their lives. This should not be allowed in of care to them. If they were children people any civilisation, Christian or otherwise. It should would be screaming outside the House not be allowed to happen, whether it is due to demanding change and the Minister would have profit, uncaring attitudes or whatever. acted. Perhaps because they are old people they If Deputy O’Dowd put down a question in this may not be as valued or as emotive an issue. Old Parliament about the HSE, why would he be told people are valued and important in our com- that he could not get the answer here, but munity and we must show them great respect and through the Freedom of Information Act? Why honour. What happens to people in the worst of should that be the case? In schools and colleges, our nursing homes, and what we do to address it, the done thing is to ensure that parents know will be a judgment on all of us and on the integ- what exactly is happening in those establish- rity of our health service. The Minister has failed ments. That is as it should be. However, nursing in his statutory duty and should resign. homes are treated like an enclosed order. When will that change? When my parents were alive, Mr. Connaughton: This motion is extremely nursing homes did not exist, but if I thought that important. Its main aim is to ensure our elderly I had unwittingly committed my parents to a will be well cared for in both private and public nursing home that did not meet the expected nursing homes. Leaving politics aside, many specifications because I could not get the infor- people, including myself, never thought the mation, I would stand outside the gates of this actions reported by “Prime Time” could happen House with a placard, and so would the Minister to the elderly in a Christian, caring Ireland. of State. We would not take “no” for an answer. Crimes against the elderly were perpetrated. My When I am told that the only way I can acquire colleague, Deputy O’Dowd, has put great effort such information is to make a freedom of infor- into this and has behaved in a professional way mation request, I wonder what I am elected for. over years of research into this. I do not single What is a democracy? What is a national parlia- out the Minister but speak of the Government’s ment? What are we doing here? If I know the inactivity. I hope the Minister in his reply will Minister of State well enough, I believe he would indicate why the legislation on the inspectorate is want to change that, but I cannot understand why not being introduced. I cannot understand it. Is the Government will do nothing. he saying it cannot be done or that it should not In the last budget, we were delighted that \110 be done? My colleagues have pointed out that it million was made available for public nursing has been promised so many times and I cannot homes. Why, therefore, are more and more understand why any Government could leave people approaching me in my constituency itself open to the charge that it failed to care for because they are forced to apply to the HSE west- the elderly by bringing in that legislation. Legis- ern area for access to State-run nursing homes lation comes through this House every day, which such as St. Brendan’s in Loughrea? The figures is the purpose of the Da´il. The “Prime Time” show that there are more people lining up for investigation taught us all a lesson. In east access to these homes. Any old person in receipt Galway I know 20 or 30 private nursing homes of only the old age non-contributory pension, 1291 Social Services Inspectorate: 31 January 2006. Motion 1292
[Mr. Connaughton.] valid reason it should not be introduced with no relative to help them and with the sub- immediately. vention that currently exists, is not able to make up the \500 to \700 per week that is now charged Minister of State at the Department of Health by the vast majority of nursing homes. and Children (Mr. S. Power): I move amendment There is a shortfall of about \200 per week. No. 1: Where does that come from? It is all right if the To delete all the words after “Da´il E´ ireann” old person’s sons and daughters are around and and substitute the following: are able to pay. I see nothing wrong with family members having to do things like that, but some ‘— notes the Government’s commitment to people do not have anybody belonging to them, introducing legislation which, inter alia, or the people belonging to them are so stressed will establish the social services inspec- out with high mortgages that they cannot pay. I torate function on a statutory basis; \ do not know where the 110 million is going, but — welcomes its commitment to extend the it is certainly not going to those people. work of the social services inspectorate In the assessment of eligibility, 5% of the to public and private nursing homes and market value of the house owned by the patient to resource it accordingly; is taken into account. That would be fine if the house was modern enough to be rented while the — notes the Government’s commitment to person was in the nursing home and was making ensuring that high quality care is made money, but most of those houses by their nature available to all patients in public, are small and conventional as elderly people have private and voluntary nursing homes, lived in them for the previous 20 years. They and in that context welcomes the prep- make no money as they are lying idle, yet the 5% aration of standards for residential care of market value makes the world of difference in settings for older people; the amount of subvention they receive. It is time — welcomes the HSE’s provision of infor- such a policy is taken out of the equation because mation to the general public on nursing it is very unfair. Where the house is not being homes and its policy decision that all used and is not making money, it should defin- completed inspections of nursing homes itely be taken out of the equation. It is of no use should be made available to members to the patient in that nursing home. of the public on request subject to free- The Government and the HSE claimed that dom of information and data protec- there would be much investment in State-run tion legislation; nursing homes. I can only speak about what I — welcomes the proposed implementation have seen in my constituency. There has been a by the HSE of a common national very fine establishment in St. Brendan’s Lough- approach to the inspection of nursing rea for generations. It used to be able to take homes; and about 160 patients. A badly-needed new refur- bishment is now under way, but when it is fin- — commends its policy of supporting older ished the hospital will only be able to take 80 people in their homes an communities patients. We were told many years ago by the in keeping with their stated wishes, and former Western Health Board that an equal providing support to those who need number of places would be created in Ballinasloe. residential care, and in that context Now we find that the entire campus in the old St. acknowledges the significant investment Brigid’s psychiatric hospital is about to be put up made by the Government for the care \ for sale. It will make millions of euro. I feel that of older people by the provision of 110 the money raised from the sale will go into the million additional revenue funding in coffers of the HSE at national level and we will the budget announcement for 2006 — \ be left holding the last straw. 150 million full year cost. The Minister of State’s party colleagues are I wish to share time with the Minister of State at well represented in east Galway. I want to put a the Department of Health and Children, Deputy marker down tonight on behalf of all old people Tim O’Malley. in my constituency that we will not tolerate what I welcome this opportunity to address the is going on. If ever there was an election issue, House on these important issues. I acknowledge this will be one of them. We know that there is a the significant investment made by the Govern- lot of money in the sale of that hospital and we ment in the care of older people by providing do not want it redistributed elsewhere. With all \110 million in additional revenue funding in the due respect, to put nursing homes in Dublin, budget announcement for 2006. The full year cost Louth or Cork will not wash with us. We want is \150 million. The Government is committed to them in east Galway because that is where the maintaining older people in dignity and indepen- assets are coming from. The Minister of State dence in their homes and, in accordance with might tell the House why the legislation regarding their wishes, for as long as possible. It is also com- inspectors is not being introduced. We see no mitted to providing high-quality, long-term resi- 1293 Social Services Inspectorate: 31 January 2006. Motion 1294 dential care for older people when living at home care group manager for older persons’ services is no longer possible. established a national nursing homes steering The nursing home sector is governed by the committee in July 2005. One of the priority tasks Health (Nursing Homes) Act 1990 and sub- outlined for this committee was the standardis- sequent regulations. The Nursing Home (Care ation of inspection documentation to make the and Welfare) Regulations 1993 set out the stan- information on inspections more transparent and dards to which the private nursing home sector easily understood by both nursing home pro- must adhere for the purpose of registration under prietors and the public. At the time, a number of the Health (Nursing Homes) Act 1990. The regu- different reporting templates were in use. lations only apply to the private nursing home The HSE nursing home inspection and regis- sector and do not cover public long-stay facilities tration teams are using a standardised reporting for older people. However, there was a commit- template on an interim basis. The inspection ment in the health strategy, Quality and Fairness report is based on the standards and criteria laid — A Health System for You, to extend the remit down in the Health (Nursing Homes) Act 1990 of the social services inspectorate to other social and the Nursing Homes (Care and Welfare) services, including residential services for older Regulations 1993. A final reporting template will people. be agreed later this year. The information con- Legislation is being prepared in the Depart- tained in the nursing home inspection reports can ment to provide for the establishment on a statu- be accessed by the public, either by requesting a tory basis of the health information and quality copy from the nursing home proprietors or from authority, HIQA, with the social services inspec- the HSE under the Freedom of Information Act. torate, SSI, function as part of the HIQA. The When the final reporting template is established, SSI function will be vested in a new statutory it is proposed to implement web-based access to office to be known as the Office of the Chief these reports. Inspector of Social Services. The legislation will Nursing homes are required to be registered by also provide for the establishment of a regis- the HSE. Registration certificates must be placed tration system in respect of residential services in a prominent position in nursing homes. If a for children, older people and people with dis- registration has certain conditions attached to it, abilities to replace existing registration pro- these will be displayed on the registration certifi- cedures in the Health (Nursing Homes) Act and cate. When it is necessary for older people to the Child Care Acts. It is intended that the func- move into long-term residential care, it is tions of the office of the chief inspector will important that they have a choice of top quality include, inter alia, monitoring of standards in nursing home care. For this reason it is important respect of residential services for people with dis- that a robust inspection process be in place to abilities, older people and children in accordance ensure that the quality of these homes remains at with the Child Care Act 1991 and Part 2 of the a high standard. To this end, the HSE will con- Children Act 2001 — family welfare conferences, tinue to inspect nursing homes in accordance with and registering and carrying out inspections in the Nursing Homes (Care and Welfare) Regu- respect of those services. lations 1993. The preparation of the draft heads of this legis- In general, where problems occur, the inspec- lation is at an advanced stage and it is expected tion team which inspects the private nursing that these will be submitted to Government home will discuss its findings in detail with the shortly. It is intended to publish the draft heads owners or operators and this will generally ensure to allow for a period of consultation on their con- that the matters raised are addressed. The HSE tents prior to commencing the drafting of the Bill, may remove a nursing home from its register or and it is anticipated that it will be published later refuse to register a nursing home if it is of the in the year. opinion that, inter alia, the premises to which the The SSI has operated on an administrative application or registration relates do not comply basis since 1999 and has been focused since then with the regulations or the continuance of on child welfare and protection services, specifi- services in the home will not be or is not in com- cally on residential and foster care services. It is pliance with the regulations. proposed that the HIQA will be the new auth- A working group—— ority for setting standards for all health and per- sonal social services. As I have already said, the Mr. S. Ryan: Another one. extension of the SSI remit results from commit- ments in the health strategy that its remit would Mr. S. Power: ——has been established by the be extended to cover other social services, includ- Department to develop the standards for residen- ing residential services for older people. tial care settings for older people. Membership of It is of the utmost importance that the public the group comprises officials from the Depart- has access to information on health services. We ment, the HSE, the SSI and the Irish Health are all agreed that in this day and age it is unsatis- Service Accreditation Board. The group will com- factory for people not to have comprehensive and mence the development of standards for the easily available information on services being inspection of both public and private residential provided in nursing homes. The HSE national care for older people and, in doing so, will consult 1295 Social Services Inspectorate: 31 January 2006. Motion 1296
[Mr. S. Power.] require it. It is estimated that 28% of nursing with appropriate and interested parties. In home residents have a low to moderate depen- addition, the Irish Health Services Accreditation dency level and many of these residents might Board has examined the development of very well have continued to live at home if the accreditation standards for both public and right supports had been made available to them private residential care for older people. at the appropriate time. The Government’s commitment to the The budget package provides for a number of development of a comprehensive range of initiatives, including home care support packages. services for older people can be demonstrated These home care packages deliver a wide range clearly by outlining the resources made available of services and have been piloted successfully in in recent years for service developments. From several regions in recent years. They include the 1997 to 2005 inclusive, additional spending on services of nurses, home care attendants, home health care services has been in excess of \300 helps and the various therapists, including physio- million. This funding is being used for a variety of therapists and occupational therapists. A home services, including the nursing home subvention care package will vary according to the care needs scheme, home care grants, the home help service, of the person so that, for example, there might be the elder abuse programme and support to volun- a greater emphasis in some packages on home tary organisations. care assistants while other packages may require In addition, the Ta´naiste and Minister for a greater level of therapy and nursing. Health and Children, Deputy Harney, announced The priority will be older people living in the \ a 150 million package to expand and improve community or who are inpatients in an acute services for older people and palliative care in hospital and who without this support would have 2006 and beyond. This will mean a major to be admitted to long-term care. The home care improvement in home and community-based sup- packages will also be available to those older port for older people. A comprehensive health people who have been admitted to long-term care and social care service will be developed in a way and who now wish to return to the community. that is reliable and that respects and values older In addition, the packages will be offered to people. This is the largest ever increase in funding people who are already using existing core for services for older people. These initiatives set services, such as home helps, but need more out the Government’s continued commitment to assistance to continue to live in their community. older people and putting older people at the centre of health policy now and in the future. The The packages are delivered through the HSE, investment package is focused on caring for by a range of providers, including the Health people at home, in accordance with their Service Executive, voluntary groups and the expressed wishes. It is a major step in focusing private sector. The scheme will be as flexible as new resources on home care first and foremost, possible and highly responsive to the real needs while still supporting appropriate residential care. of the individual so that where a family or friends This is in line with international trends and of an older person wish to provide these services, reflects the growing independence of older they will be encouraged to do so, with support, people who want to stay living in their com- and linking in with the HSE, voluntary or private munities. sectors. Approximately 1,100 home care packages It is entirely right that we should devote sub- are provided to people at present. By the end of stantial additional resources to services for older this year a total of 2,000 additional home care people. They have made a great contribution to packages will have been provided. This will our society and to our current economic and amount to a trebling of the current service social success. In this way, we are saying that the provision. next generations value their contribution and will The 2,000 packages will support more than respect their needs and their continuing role in 2,000 persons as, for example, individuals could our society. This new investment involves in some cases need a care package on a tempor- additional resources of \150 million in a full year, ary basis. The major thrust of this initiative is to that is, \110 million in 2006 and \40 million more be directed at older people. However, there will the following year. Reflecting the new emphasis be some flexibility in the scheme so that a person on home and day care, almost three quarters or who is under 65 years and may need home care \109 million of the full year costs are being com- may receive it as appropriate. mitted to community care supports. Home helps are an essential part of supporting This investment is a response by the Govern- older people at home, thereby delaying or ment to older people’s preference to be cared for preventing admission to long-stay residential at home rather than going into residential care. care. They also help to keep people out of acute Very often that may require some additional hospitals or help their early discharge from home help or more developed home support, hospital. There is a continuing demand for home including various therapy services. All the evi- helps because of the increased number of older dence shows that families caring for elderly rela- people. An additional \33 million full year cost is tives continue to provide care in partnership with being allocated for this programme, \30 million the support services put in place for those who of which will be for 2006. This represents a signifi- 1297 Social Services Inspectorate: 31 January 2006. Motion 1298 cant increase over the Estimates provision of and-or reflect best practice elsewhere. The pro- \112 million for 2005. posals should reflect significant emphasis on The additional funding of \30 million will home care and involve non-statutory agencies provide 1.75 million more home help hours. As working in partnership with the HSE. A total of with home care packages, it is expected that these \4 million, \2 million in each of the next two additional resources will be implemented in a years, is being provided for such initiatives to flexible way by the HSE so that particularly vul- improve and increase services delivered to older nerable individuals who need a home help but people. We are seeking initiatives that will make who are under 65 years of age can access the a difference. service. A total of \2 million is being allocated to Day care and respite care are an integral part address the issue of elder abuse, again split evenly of delivering a comprehensive community service between 2006 and 2007. This level of funding will for older people. The service provided may facilitate the implementation of the include a mid-day meal and a bath, physio- 8 o’clock full range of recommendations con- therapy, occupational therapy, chiropody, laun- tained in the report, Protecting Our dry and hairdressing; social contact among older Future, and will provide for the development of people; respite for family members and-or carers; a research function in this area. Approximately and social stimulation in a safe environment for \2.5 million has been made available in recent older people with mild forms of dementia. The years towards implementing the report. provision of \9 million in a full year will allow for With regard to the development of the nursing an additional 1,325 places per week in such home subvention scheme and additional long-stay centres. The number of older people who will bed capacity, a total of \20 million is being allo- benefit from these new places will be substan- cated to the nursing home subvention scheme for tially more than 1,325 since over the whole year residents of private nursing homes. This rep- one place can provide a service for more than resents an increase of 14% over 2005, which has one person. an estimated spend of \140 million. The \20 mil- The investment of \9 million will allow for lion is a 2006 full year cost and will go towards additional programmes for specific needs, such as supporting increasing numbers entitled to basic activity therapy. It will also mean that many day nursing home subvention, reducing waiting lists care centres can open for five or seven days a for enhanced subventions and bringing greater week rather than the two or three days that is consistency to the different levels of enhanced often the case at present. There will be an invest- subvention support throughout the country. ment of \7 million in 2006 with the balance of \2 million being provided the following year. Mr. S. Ryan: When will we get a report on There will be a significant increase in the that? resources available to the “meals on wheels” service. An additional \2.5 million will be pro- Mr. S. Power: I listened closely to what Deputy vided in 2006 together with a further \2.5 million Connaughton had to say and I know that in set- in 2007. Again, this is part of the range of services ting up the HSE the intention was to have uni- which help support older people to continue liv- formity in the delivery of services throughout the ing in their own homes. In the provision of meals country. He made a case with regard to subven- on wheels we depend on the voluntary support of tion and how it works in his area. I will take on individuals and organisations to bring the meals board what he said and report back to the Deputy to people. Often this is the only outside contact in the near future on it. these people have. While the meal is necessary Some \8 million is being provided to cover the and appreciated, the social contact is also most cost of 250 extra nursing home beds which the important. It is a service that brings great comfort HSE is in the process of sourcing from private to those who receive it and it is one we are happy nursing homes. to support by providing additional funding this Regulations have been made recently to ensure year and in the years ahead. the assessment criteria for subventions, which The Government strongly supports the have not been updated since 1993, reflect the development of sheltered housing accommo- major changes in property values. The property dation for older people as it provides a real alter- ceiling that was set at £75,000, approximately native to residential care and reflects the desire \95,000, in the 1993 nursing home subvention of older people to live with as much indepen- regulations is being increased, having regard to dence as possible. To support the development of the Department of the Environment, Heritage sheltered housing, a full year commitment of \1 and Local Government house price indices, to million will be allocated, split evenly between \500,000 for Dublin and \300,000 for the rest of 2006 and 2007, to provide front-line health service the country. The assets ceiling is also being support for sheltered housing, such as therapists increased to \36,000 from the previous £20,000. and public health nurses. Previously, the first £6,000 or \7,618 of an appli- In addition, the HSE will be asked to develop cant’s assets would be disregarded when applying proposals in the primary and community care for a subvention. This is now being increased to areas which are new ways of delivering service \11,000. 1299 Social Services Inspectorate: 31 January 2006. Motion 1300
[Mr. S. Power.] not happened as quickly as we would want, but Specialist palliative care is another area we we are committed to bringing it —— dealt with in the budget. In addition to services for older people, \9 million was provided in the Mr. O’Dowd: Nothing has changed. Nothing budget day package for specialist palliative care, has been done in a year. including home care and community initiatives in 2006. This allocation includes funding for 24 Mr. S. Power: We do not have to listen to lec- additional extended care beds in Our Lady’s Hos- tures from the Deputy about how we deal with pice in Harold’s Cross. A further \4 million is older people—— being allocated in 2007 to develop palliative care services, giving a full year cost of \13 million. Mr. O’Dowd: The Minister of State has done It is clear from the budget day package that the nothing. He has changed nothing. He is an Government is firmly committed to developing absolute waste of space and resources. services for our older people. The emphasis on developing home care packages and the increases Mr. S. Power: To listen to the Deputy one in the home help and meals on wheels schemes would think he was the only one who understood and other community based supports will aid the needs of older people. We are all supposed to older people to remain in their own homes and bow to his judgment on this. We do not have to communities for longer, in accordance with their listen to him to bring forward change. wishes. Additional funding has been provided to the nursing home subvention scheme to go Mr. O’Dowd: The Minister of State is a dis- towards supporting the increasing numbers grace and should resign. He could not care less entitled to subvention and to reduce waiting lists about the elderly. for enhanced subvention. Following on the publication of the Mercer Mr. S. Power: I will be happy enough to go report on the future financing of long-term care before the people of Kildare and let them decide in Ireland, a working group, chaired by the whether I should resign. Department of the Taoiseach and comprising Mr. O’Dowd: I have information on nursing senior officials from the Departments of Finance, homes in Kildare if the Minister of State wants to Health and Children and Social and Family read it. Affairs, was established. The objective of this group was to identify the policy options for a fin- Mr. S. Power: I would be happy to do so. ancially sustainable system of long-term care, tak- ing account of the Mercer report, the views of the Mr. O’Dowd: The Minister of State knows consultation that was undertaken on that report nothing about them. He has not even seen the and the review of the nursing home subvention reports. Has he asked to see them? scheme by Professor Eamon O’Shea. The report of the group has been completed and was recently Mr. S. Power: Speaking of nursing homes in submitted to Government. Kildare, lest people think I have a hidden agenda, In terms of staffing resources for a statutory I should declare an interest at this stage. An aunt inspectorate, this would have to be explored by of mine and her son have been running a nursing the stakeholders in the overall context of ensur- home in Kildare for a number of years. ing that standards are met and that health service staff are utilised in the most effective way. Mr. O’Dowd: Nursing homes in this report on It is clear to the House from what I have out- Kildare are recognised by number only, not by lined that the Government’s commitment to name. older people cannot be denied. The focus is on supporting older people in their homes and com- Mr. S. Power: Following an RTE programme munities for as long as possible and at the same last year which shocked us with its portrayal of time supporting those who require residential the treatment of a number of people in a part- care if the time comes that such is the most icular nursing home, we gave commitments in the appropriate care required. The Government is House that we would remedy the situation. That committed to ensuring high quality care to all commitment stands and we will honour it in the older people in public, private and voluntary near future. nursing homes and is working towards having the best standards and inspection processes in place Minister of State at the Department of Health to achieve this. We acknowledge that we must and Children (Mr. T. O’Malley): I welcome the continue to develop policy in this area to meet opportunity to address the House on this the growing demand for services and that we important issue which affects some of the most cannot be complacent in this regard. vulnerable people in our society. We gave commitments in the House about As my colleague the Minister of State, Deputy bringing forward legislation and I have outlined Sea´n Power, mentioned, the policy of the Depart- the stage at which we are with regard to that ment of Health and Children is to maintain older legislation. We intend to bring it forward. It has people in dignity and independence in their own 1301 Social Services Inspectorate: 31 January 2006. Motion 1302 homes, and in accordance with their wishes, for witness such abuse, to make the necessary contact as long as possible. Indeed, the majority of our and have their voices heard. The importance that older people are fit and well and leading full, the Government affords to the issue of elder independent lives. However, where this is no abuse is reflected in the fact that a total of \2 longer the case, the Department is committed to million was allocated in this year’s budget to providing high quality long-term residential care. address the issue, split evenly between 2006 and This is the minimum we can afford our older citi- 2007. Some \2.5 million has been made available zens who have played a major part in helping our in recent years towards implementing the recom- country to achieve the success that it enjoys mendations of the report, and the level of funding today. put in place for the next two years will facilitate The majority of long-term residential care is of the implementation of the full range of recom- a high standard and affords a good quality of life mendations. This funding will go towards putting to those older people who live there. However, in place dedicated elder abuse officers and cleri- even with the best will in the world, there are cal support in each local health office area. It will always exceptions to the rule, and there will also provide for the development of a research always be situations where older people feel vul- function in this area. nerable or, worse, exploited. That is why the The report also recommends that a senior case Department is committed to developing quality worker be appointed to each former community standards and putting in place a robust inspection care area and it is anticipated that the Health process for all nursing homes, both public and Service Executive will shortly recruit a senior private. My colleague has outlined the steps that case worker for each local health office area. are being taken in this regard. These include the Among the responsibilities of the senior case establishment of the Health Information and worker, in conjunction with the appropriate Quality Authority and the establishment of the health service providers, will be the assessment of social services inspectorate function on a statu- suspected cases of elder abuse referred to the tory basis, with the office of the chief inspector local health office area. having the function of registering and carrying I agree with my colleague the Minister of State out inspections, including services for older at the Department of Health and Children, people. They also include the establishment of a Deputy Sea´n Power, that the Government has working group by the Department to develop the looked after and will continue to look after the standards for residential care settings for older elderly, the most vulnerable people in society. people. Of course, the HSE will continue to regis- ter and inspect private nursing homes under the Mr. O’Dowd: The lo-call number does not do Nursing Homes (Care and Welfare) Regulations that. 1993. Coupled with these developments, the Depart- Mr. S. Ryan: I wish to share time with Deputy ment is fully committed to developing the Moynihan-Cronin. services needed to tackle elder abuse, and in recent years there have been great strides in An Leas-Cheann Comhairle: Is that agreed? developing supports for older people who feel Agreed. defenceless. The report of the working group on elder abuse, Protecting Our Future, was launched Mr. S. Ryan: I am pleased to have the oppor- on 11 November 2002. tunity to make a contribution to this important Elder abuse is a complex issue and difficult to issue and to compliment Fine Gael for tabling the define precisely. It may involve financial abuse, motion. The Government’s record in bringing physical abuse or sexual abuse, or it may arise forward promised legislation is abysmal and it is due to inadequacy of care. It is defined in the particularly bad in the health area. It is quite dis- report as “A single or repeated act or lack of graceful that we do not yet have the necessary appropriate action occurring within any relation- legislation to refund the illegal charges paid by ship where there is an expectation of trust which people in nursing homes. No other group would causes harm or distress to an older person or viol- be left waiting for over a year to have its money ates their human and civil rights.” In defining returned to it. elder abuse, this report has, hopefully, given We do not yet have the promised legislation on older people, who feel they are the subject of the health information and quality authority. The abuse in any shape or form, the confidence to heads of the Bill have not even been drafted report their anxieties, as appropriate, to a social although this authority is considered an essential worker, a public health nurse, a member of the element of the reorganisation of health services. Garda Sı´ocha´na or any professional or care The delay in bringing forward the legislation on worker. an independent inspectorate for nursing homes is The Health Service Executive has recently set even greater. The health strategy 2001, which was up a helpline number, lo-call 1850241850, that is launched with such aplomb, now lies in shreds dedicated to dealing with allegations of elder with virtually none of its promises fulfilled. This abuse, and this should encourage those who feel failure is greatest in the case of older people. We they are being abused in any way, and those who do not have any new public nursing home places, 1303 Social Services Inspectorate: 31 January 2006. Motion 1304
[Mr. S. Ryan.] The Human Rights Commission’s report on we have no new strategy for the care of older older people in long-stay care, dated 2002, states people and we have no independent inspectorate. there is a need for systematic study of the inspec- The fact that the legislation on an independent tions carried out by the HSE to determine, for inspectorate has not been afforded priority example, whether the statutory requirement to reflects the Government’s lack of concern for one have two inspections per year is being met. The of the most vulnerable groups in society, that is, study would indicate the sorts of problems being those who are no longer able to continue living identified and the action taken to address prob- in their own homes because of age and infirmity. lems. It would determine whether there are struc- The failures in the nursing home sector are well tured interviews with residents’ relatives, whether known What else needs to come to light for the health boards have consistent standards, whether Government to take action? That it knows there inspections are sufficiently broad to provide is a problem and is failing to do anything about it information about the quality of life of residents is evidence, if it is ever required, of the lack of and whether the HSE is being sufficiently rigor- priority it affords to the inspectorate. ous in following up when problems are identified. On a number of occasions I have had reason The latter point is vital. It is difficult enough to to raise in this Chamber the scandal that elderly get a reply to a question from the Department people in need of long-term care in public nursing without it referring the question to the HSE. It is homes in areas of Dublin are now facing a waiting important that there be a follow-up. period of up to 12.5 years. That is a fact. In the A systematic study would determine whether first instance, priority is being given to the the HSE is reluctant to close homes because of a removal of residents who are taking up acute shortage of places, whether the powers available beds in one of our hospitals. Consequently, many to the inspectorate are adequate, whether the elderly people are forced to remain at home rely- reporting arrangements are adequate, whether all ing on family support. Community care and the reports should automatically be made public — this is very important as it has not been the case home help service are being cut back, irrespective to date — and whether there should be a facility of what the Minister of State says to the contrary. for the inspectorate to report directly to the Commitments towards extra funding do not even Houses of the Oireachtas or committees. This match the cuts made over the past two years. This must be intrinsic to any legislation brought before is happening at a time when beds are unoccupied the House. I ask the Minister of State to take this in the public sector and when there are also beds on board. available in private nursing homes. Other fundamental issues that must be I wish to raise the issues of inspections and uni- addressed in legislation involve older people who formity of standards in nursing homes. There are need care or older people for whom care is not no inspections of the State’s 500 nursing homes, provided in the community, who cannot get a which care for 12,500 people. I have been HSE area place and who cannot afford private informed that there are not enough staff to nursing homes. Such people are left in limbo and ensure that, in all areas of the country, the this must be addressed. What are the implications requirement of two inspections of private nursing of all these issues? homes per year, as required by the Health We must tackle the lack of equity in health (Nursing Homes) Act 1990, is met. I firmly services and the apparent lack of a concerted believe there is a need for the establishment of approach on the part of the relevant bodies, an independent inspectorate. It is shameful that especially the Government and the HSE, to the Government has not acted on the main addressing these issues. Included in this is the recommendations of a series of published reports obvious lack of relevant community care and sup- that call for independent inspection of nursing port for older people. The need to formulate homes. There is no specific legislation dealing policy and, above all, implement that policy is not with the quality of HSE long-stay care places for just a matter of the rights of older people who older people and the places are not subject to an have contributed to the development of our external assessment of quality. Celtic tiger but it also concerns recognition of the Existing legislation governing standards of care fact that all of us are entitled to a future of dignity is extremely vague, to say the least. The providers and equality, which I regret do not exist at or funders of public care homes, the HSE areas, present. It has been clear for some time that the are themselves the regulators of the private sec- situation facing many older people has reached tor. One of the points that must be faced up to is crisis point. There has been a lack of emphasis on that behind the State’s reluctance to see an inde- older person’s issues. If it had not been for the pendent inspectorate is a belief that its establish- efforts of the Opposition — myself, the Labour ment could result in damning reports of the stan- Party and Fine Gael — in this House for the past dards, comfort and staffing ratios in many of the ten years to raise these issues consistently, there State’s public nursing homes. Major questions would have been no movement, which should be regarding the age and physical structure of acknowledged. homes, as well as allegations of abuse and neglect, We all know that the Government does not like need to be addressed as a matter of urgency. freedom of information legislation and it has 1305 Social Services Inspectorate: 31 January 2006. Motion 1306 already made it more difficult and more expens- debate. I support the Fine Gael motion. We need ive for people to use it. The health boards did not to revisit the legislation whereby the Minister no provide adequate information about the services longer has responsibility to answer to the they provided but the HSE seems to be even less Deputies of this House. With the abolition of the forthcoming. It seems that the Department of health boards, public representatives have no way Health and Children and the HSE are in breach of getting answers. The Minister of State’s col- of their obligations under the freedom of infor- leagues will tell him that their parliamentary mation legislation to make available information questions to the Minister for Health and Children to the public on matters which affect them. are sent to the HSE, which can take up to six Neither body has the manual of its procedures, months to reply. Members from all sides are known as the section 16 manual — the Minister elected with the expectation that we can get of State should look it up — readily available as answers on behalf of our constituents, but we are is required by the legislation, which is a scandal. not getting answers. The HSE seems to have no clear view of its obli- I wish to deal with two specific issues in my gations under the legislation, which I regret. contribution. The first concerns the enhanced Prior to the highlighting of the Leas Cross scan- nursing home subvention, which is available to dal on “Prime Time”, successive Ministers for the elderly in nursing homes or those waiting to Health and Children and Ministers of State at go into nursing homes who have no income other that Department were aware of the problems that than the social welfare pension. An elderly per- existed with the operation of private nursing son in my constituency applied for enhanced homes. The Minister of State, Deputy Brian nursing home subvention in November 2005. I Lenihan, speaking on a Private Members’ motion will provide her name to the Minister of State on nursing homes in June 2005 stated that there following my contribution. She received corre- was no doubt about the shock that resounded spondence from the HSE stating that she had throughout the country following the trans- been put on a waiting list. The letter stated: mission of the “Prime Time Investigates” prog- ramme. He also said that the Government had a Dear...your letter dated the 14th of commitment to older people. It has a peculiar November 2005. In reference to the payment way of showing it. Action is required, not mean- of enhanced nursing home subvention in ingless scripts. I hope Deputy Sean Power, as a respect of the above named, I am to confirm relatively new Minister of State, will take on his that [the woman] has been placed on a waiting officials on this issue if they are not prepared to list for consideration for the payment of come forward with the required legislation. He enhanced subvention as and from the 15th of has made commitments in the past. He should November 2005. This section will contact you stand up and be counted on this important issue. in writing when payment of enhanced subven- Well before the Leas Cross controversy, in tion can be considered in this case. response to questions in the House, I was told by the Ta´naiste and Minister for Health and Chil- The family of this unfortunate woman contacted dren and her Department that on the basis of the me after Christmas to ascertain whether I could existing inadequate inspectorate, they had found discover where she was placed on the waiting list. that staffing levels and nursing policy issues were I contacted the HSE southern area and to my relevant and needed to be addressed, mainten- amazement was told that she was 452nd on the ance of accommodation standards was deficient, waiting list for enhanced subvention. hygiene problems existed in nursing homes and there was lack of activity for residents. We should Mr. S. Ryan: She will be dead before she gets it. try to imagine getting up at 7 a.m. and remaining sitting in the same chair until 10 p.m. before going Ms B. Moynihan-Cronin: What kind of system to bed. The Minister and her Department also are we operating? We are literally throwing our found evidence of insufficient record keeping, elderly people aside and letting them die before lack of active involvement with local authorities we provide care. on fire safety issues, lack of equipment appro- We listen to members of the Government on priate to clinical practice, such as pressure mat- radio and read their quotes in the newspapers tresses, and a discrepancy in the contract of care. about our wonderful economy and the strides we Basic information on the care of residents in have made. We have made no strides in this nursing homes was withheld. It is time we opened regard. This system was introduced when my the halls and windows of the Department of father was a Member of the House 25 years ago Health and Children. We should stand, once and but there was never a waiting list like the one that for all, for the older people who have done so exists today. The Minister of State or whoever much for this country. Let us stand up to the replies during this debate should tell me whether bureaucrats and bring forward the legislation. funding will be provided to the HSE to reduce Nothing less is required. the waiting lists. Some 452 people were on the list last November but how many are on it now? How Ms B. Moynihan-Cronin: I am grateful for the much funding will be provided and will that fund- opportunity to contribute to this important ing clear the waiting list? 1307 Sugar Beet 31 January 2006. Industry 1308
[Ms B. Moynihan-Cronin.] intend to cease production in 2007. She stated No elderly person deserves to be in this that this issue was crucial as it would determine situation. We know how difficult it is for a parent whether Ireland produces sugar beet in 2006, or anyone else to go into a nursing home. It is which could be the last season for growing sugar bad enough for those who can afford it but it is beet in this country. The Commissioner more horrific for those who must wait to get a few responded that the only way to avoid this pay- bob together to try to get care for their parents. I ment to the restructuring fund is to do away with know that the Members on the Government ben- sugar beet production in 2006 and 2007. ches have hearts. They would not agree to have The Minister must clarify this matter because 452 people on the waiting list for enhanced nurs- the situation is becoming very serious. A total of ing home subvention in the HSE southern area. 3,700 farmers grow sugar beet who need to know It is not good enough. now about the position regarding the levy. A total The second issue I wish to raise is that of the of 1,000 people employed in the sugar beet pro- home care or Cu´ ram grant. A pilot scheme was cessing industry and ancillary activities also need established in the Southern Health Board area in to know how matters stand regarding the levy. 2004. Approximately 44 people who are looking Greencore Sugar issued a letter to its growers after elderly and ill relatives at home received let- dated 27 January 2006 which mentioned the ters stating that they were awarded grants but necessity of clarification regarding the temporary they never received a penny. No money was pro- quota cut in 2006. This cut, which appears likely vided last year to facilitate the commitment made to happen, could range between 8% to 14%. The by the health board to these people. I want an decision is critical, particularly if the restructuring answer tonight or tomorrow as to when the levy must be paid on the entire quota. The letter money will be paid to the 44 or more people who went on to state that Greencore Sugar faces sub- received letters of commitment from the health stantial risks attached to processing a sugar beet board telling them how much they were to get crop in 2006. The company would like to process before they were told that, while they had been sugar beet in 2006 but must engage with its part- awarded so much, unfortunately, the board had ners to see how these risks can be mitigated or no money to pay them. eliminated before such a decision is made. Will the Minister will provide the money or Farmers must decide whether to grow sugar ignore the plight of these people, who received beet this year. They must make arrangements letters but have no hope of receiving help to look about matters such as conacre, fertiliser, seed and after their elderly relatives? I hope they will not getting the land ready. They are making these look for enhanced subventions because they will arrangements at the moment. The Minister of be waiting for much longer. I want to hear State must clarify whether or not the levy must answers to two questions tomorrow night. When be paid if sugar beet is grown in 2006. What is his will the waiting list for the enhanced subvention understanding about the quota cut? be dealt with and when will the money be pro- It is a sad day for Ireland to see the end of the vided in the form of home care grants? sugar beet industry but people are beginning to accept that it will happen. However, it is crucial Mr. S. Ryan: That has put the matter up to that we find out whether 2006 or 2007 is the last the Minister. year for growing it. If 2007 is the last year for growing sugar beet, will a levy of \25 million be Debate adjourned. paid this year and a levy of \38 million next year? I am pleading with the Minister of State to clarify Adjournment Debate. issues surrounding the levy because it is a matter of smoke and mirrors at the moment. The people ———— affected are angry, upset and confused. I am sure the Minister of State realises that much hinges on the operation of the levy. I could address the Sugar Beet Industry. compensation fund but it is a matter for another Mr. Stanton: I thank the Ceann Comhairle for occasion. On this occasion, we need clarification allowing me to raise this very important issue. I regarding the levy. Must it be paid this year? The hope the Minister of State will provide clarifica- Minister told the IFA that it does not need to be tion on the levy. The IFA issued a press release paid but the Commissioner has stated that it does. on 20 January 2006 which accused the Minister Who is right? We need an answer tonight. I await for Agriculture and Food of misleading the IFA the Minister of State’s answer with anticipation. annual general meeting by saying that it was not necessary to pay a restructuring levy of \25 mil- Minister of State at the Department of Agri- lion in 2006. Less than 24 hours later, the Com- culture and Food (Mr. B. Smith): I thank Deputy missioner responded to a question on the matter Stanton for raising this important issue. I wish to put by my colleague, Maire´ad McGuinness, MEP. put on record that the Minister did not mislead She asked whether a country like Ireland must anyone with regard to the levy. It will be a matter contribute to the restructuring levy in 2006 if it for beet growers and Irish Sugar Limited to make grows sugar beet that year and whether it should decisions about sugar beet growing in light of the 1309 Overseas 31 January 2006. Missions 1310 reformed sugar regime on which political agree- gle farm payment entitlements. I am glad to have ment was reached by the Council of Ministers in the opportunity to update the House on this November 2005. important issue. It is up to the growers concerned The main features of the reform package have and Irish Sugar Limited to make commercial already been widely publicised. After a long and decisions in light of the new regime. Teagasc, in difficult negotiating process, we succeeded in hav- accordance with its statutory responsibilities, is ing the proposals changed to provide a longer available to provide advice where required. phasing-in period, as well as a number of options to enable the sector to adapt to the new regime. Mr. Stanton: The Minister of State did not There will be a lower reduction in the support answer my question. Is the Minister for Agri- price of sugar than originally proposed — 36% culture and Food right or wrong? It is a simple instead of 39% — as well as phasing in of the “Yes” or “No” answer. It is disgraceful that the corresponding reduction in the minimum sugar Minister of State did not answer my question. He beet price over four years, instead of the two-step knows what is going on and what is at stake. reduction originally proposed. We also secured an enhanced compensation An Leas-Cheann Comhairle: Deputy Stanton is package. Beet growers will be compensated for using up the time available to Deputy Timmins. up to 64% of the price reduction in the form of direct payments which will be worth approxi- Overseas Missions. mately \121 million to Irish beet growers over the next seven years. A once-off payment of almost Mr. Timmins: I thank the Ceann Comhairle for \44 million will also become available in the allowing me to raise this very important issue. event that sugar beet production ceases in When members of our Defence Forces are sent Ireland. In that event also, an aid package of up on overseas missions, the least they can expect is to \145 million becomes available for economic, that their medical needs will be looked after by social and environmental costs of restructuring of the State. These men and women serve at the the Irish sugar industry involving factory closure request of Government, the Houses of the and renunciation of quota. This would involve the Oireachtas and the UN. We must not forget the submission of a detailed restructuring plan for difficult and often life-threatening situations in the industry. which they are placed on our behalf. The reform agreement reached last November The ongoing mission to Liberia, in which the provides that at least 10% of the restructuring Defence Forces have served with great distinc- fund shall be reserved for sugar beet growers and tion, is a particular case in point. This mission is machinery contractors to compensate notably for difficult and dangerous. However, the recruit- losses arising from investment in specialised ment of a doctor who had been removed from machinery. This proportion may be increased by the medical register in his country of origin and member states after consultation of interested the assignment to him of the key responsibility to parties provided that an economically sound provide medical assistance to our troops was an balance between the elements of the restructur- extremely serious lapse. The circumstances that ing plan is ensured. The entire compensation led to this must be investigated fully and our con- package has an estimated value in excess of cerns must be answered. \300 million. In these days of instant access to information, a The final legal texts giving effect to the reform simple web search reveals a considerable amount agreement could not be approved by the Council about Dr. Lieberthal. It is a fact that, at the same of Ministers until the opinion of the European time that Dr. Lieberthal was being considered for Parliament had been received. That opinion was appointment, information was available which delivered on 19 January and it is now expected clearly detailed his unsuitability for the post. An that the legal texts, which are currently being dis- official statement from a provincial department cussed at technical level in Brussels, will be of health in South Africa, carried on a website approved by the Council at its meeting in entry from November 2002, states clearly that Dr. February. In parallel, the EU Commission is Lieberthal had been suspended from Johannes- working on preparation of detailed implemen- burg Hospital, and that an audit of all the oper- tation arrangements which can only be finalised ations that he had carried out there was to be once the Council texts have been adopted. Until conducted. Another website listed Dr. Lieberthal all the various legal texts have been adopted, it as fourth on a list of the top 100 newsmakers in will not be possible to finalise the implementation South Africa for 2002, having set a new record arrangements definitively but all parties con- for the highest number of complaints laid against cerned appreciate the importance of having this a doctor at the Health Professions Council. process completed as soon as possible. It is clear that Dr. Lieberthal was removed The Minister and her officials have been keep- from the medical register long before he was ing in close touch with stakeholders about these appointed in Liberia. That this was not uncovered developments. One issue on which she hopes to prior to appointment raises very serious questions decide shortly is the choice of reference year or regarding the manner in which his qualifications years for determining an individual farmer’s sin- were scrutinised. The company responsible for 1311 Overseas 31 January 2006. Missions 1312
[Mr. Timmins.] own country’s medical register, could be hiring Dr. Lieberthal, Medicare Solutions Lim- employed to provide medical cover for Irish ited, is based in the UK. A search of the UK com- troops on mission overseas must be addressed by panies office website shows this company is based the Minister as a matter of urgency. The process in Surrey but no telephone number is given and that was or is in place put an unsuitable person there is no website for the company. I rang inter- in charge of the medical needs of Defence Forces national directory enquiries and they were unable personnel, not only from this State but also from to find any telephone number for a company one of our EU neighbours. This must not happen entitled Medicare Solutions, at the Surrey address again and the Minister should outline how he pro- or any other address. I hope the Minister can help poses to change the current procedures. solve the status of the company. I understand that this company may have been Minister for Defence (Mr. O’Dea): The paid \2,000 per day and that Dr. Lieberthal may Deputy has raised a number of questions, and have been paid out of this sum. I would appreci- although my response will not answer some of ate if the Minister could confirm this. What pay- them, I will get him the appropriate replies. I was ments, if any, were made to the company? I also informed of this case on Friday, 27 January 2006. understand that Dr. Lieberthal applied to the I share the Deputy’s concern that this case should Irish Medical Council to be registered, but that have arisen. My first priority in dealing with this his application failed. As the Minister may be is the welfare of the troops who were attended to aware, virtually all employment contracts for by this man. To that end the director of the Medi- doctors stipulate that registration in the General cal Corps contacted each person who served in Register of Medical Practitioners maintained by Liberia during the period in question alerting the Medical Council is essential. them to the case and advising them of the With these facts in mind, there are a number measures the Medical Corps were putting in place of serious questions that may be answered by the to deal with any concerns they may have. Minister this evening. If he cannot do this he may As a result any Defence Forces member do so at a later date. When did the military auth- treated by the person concerned and who wished orities discover that Dr. Lieberthal’s registration to discuss any aspect of his or her treatment with had been erased from the South African medical a medical officer was invited to consult their local register? How was this information brought to military medical officer or alternatively to contact their attention? When was the Minister the special medical hotline established by the informed? How was the requirement for medical Army Medical Corps. I understand that, to date, personnel in Liberia advertised? Was there a ten- there has been one call to this line. der process, and if so, on what basis was the eval- The background to this case arises from the uation made and how was this company Defence Forces policy of providing medical care accepted? Was this a once-off arrangement, or for personnel serving with large contingents over- has this company been contracted in the past to seas. In the case of missions such as Lebanon and supply medical personnel? Liberia it is the practice to send medical officers Is the Minister aware of any other Department as part of the contingent. Given the arduous nat- or agency that has operated a similar process with ure of the Liberia mission, with troops under- this company? Is this company currently supply- taking frequent long-term patrols away from ing any medical or other personnel to the base, it was deemed necessary to have two Defence Forces? How much money has been doctors with the battalion. The mission in Liberia spent on the provision of medical personnel in is, of it nature, a peace enforcement one. This Liberia? Will the Minister ensure that, from now resulted in a situation whereby medical officers on, all medical personnel contracted to work with who had been recruited prior to 1993 could not the Defence Forces will be registered with the be detailed to serve there and could only be selec- Medical Council and will be a position to show a ted to serve there as volunteers. certificate of good standing to prove such These requirements, coupled with a general registration? difficulty in recruiting and retaining doctors in the In light of the fact that Dr. Lieberthal also Defence Forces, created a situation whereby the attended to up to 500 Swedish soldiers sharing medical officer requirements for the mission Irish resources in Liberia, is the Minister con- could not be fully met among the doctors serving cerned that the State is now legally exposed to an at that time. Following a tender competition unacceptable degree following the appointment involving a number of agencies, a contract was of this doctor? There is a serious shortfall of placed with Medicare Solutions Limited, Unit medical staff employed within the Defence 15D, Oakcroft Road, Chessington, Surrey, Forces, of which the Minister will be acutely England. I do not have a telephone number but aware. What action will the Minister take to I will try to get it tomorrow. address this problem? In assuming ever greater responsibilities, the Mr. Timmins: I do not think there is one. Defence Forces will continue to rely on foreign nationals contracted to work for specific missions Mr. O’Dea: The contract was initially for a overseas. That a disgraced doctor, erased from his period of three months commencing on 1 June 1313 Sheep 31 January 2006. Farming 1314
2004 and was subsequently extended to February the safeguards in place will be reviewed along 2005. Following a further tender competition a with the performance of the agency, it should be fresh contract, at \2,630 per doctor per week, was pointed out that in the first instance the person placed commencing 1 March 2005. During this himself should not have commenced or sought time Medicare Solutions had supplied a number work based on falsehoods. of other doctors for periods lasting from a few weeks to three months. This contract expired on Sheep Farming. 31 December 2005. As and from 1 January 2006 the Defence Forces have been in a position to Dr. Cowley: I am grateful for the opportunity provide doctors from within the Medical Corps. to raise the important matter of why sheep farm- We will not in the foreseeable future enter into ers in the Ballycroy, Tiernar and Bangor areas of any similar type of arrangement to that I am County Mayo have been asked to remove stock now describing. for six months of the year and to destock up to The procedure for selecting suitable individual 70%, which will mean the extinction of their doctors was that candidates were identified and farming livelihoods. I do not know if the Minister selected by the Medical Corps from the curricula is aware that the overwhelming majority of those vitae supplied to the Department by Medicare farmers are already involved in REPS and have Solutions, which had expressed an interest in heavily destocked in recent times. working with the Irish military contingent in This is a very serious matter and could not be Liberia. This selection was done on the basis of more so for the 300 farmers who are affected. the professional qualifications, and particular They are sheep farmers who farm commonage in clinical experience, of the various applicants as the Nephin Beg range in the Mulranny, Tiernar, per their individual CVs. Dr. Lieberthal was Ballycroy and Bangor areas of County Mayo. The selected to replace another previously selected areas affected include the proposed national park candidate who had decided at very late notice not for Ballycroy and also private land. There has to proceed to Liberia. There appeared to be been a lack of information from the State about nothing whatsoever untoward in the CV supplied what is happening. People came down to Mayo in respect of Dr. Lieberthal. from on high and made assessments without any Dr. Lieberthal was first appointed for a three- input from the farmers, who are trying to eke out month period from 8 December 2004. He was a livelihood on the mountain. It is a scandal that retained in Liberia until 31 December 2005, when so little information was provided, yet draconian the overall contract with Medicare Solutions measures are now being proposed which will expired. He worked in a civilian capacity and pro- sound the death knell of farming in this vided primary military medical care services to disadvantaged area and will be the coup de graˆce troops, that is, largely care of the routine general for sheep farmers. practitioner type. He also provided a similar level It is proposed that 70% destocking should take of medical service to a small contingent of Swed- place and that sheep be taken off the mountain ish military personnel. It was only after the con- for five to six months. This is illogical because if tract had expired that it came to the attention of the sheep are taken off the mountain for that my Department that Dr. Wynne Lieberthal had length of time it will prove impossible to keep been struck off the South African medical regis- them on the mountain after that. They will simply ter by the Health Professions Council of South not go up again. If they are taken off the moun- Africa in July 2004 after their investigation of var- tain they will have to go somewhere but where ious charges brought against him under the rel- can they go? At least one sheep farmer affected evant South African legislation. has no low land available to him. What is he to I am extremely concerned as to how this case do? Who will find a place for his sheep? Who will arose and I will ensure that all necessary steps pay for the rent of land to accommodate them or are taken to avoid any possible repetition. I am provide housing for them for five or six months? awaiting an urgent report from the chief of staff. These same farmers have already been badly Legal advice is being sought as to the perform- squeezed by the State. They are already involved ance of the specialist medical recruitment agency in good farming practices such as REPS. Over engaged to provide suitably qualified doctors who 90% carry out their farming activity to REPS and either had or would be expected to fulfil the they have already undergone a 30% destocking. requirements of the Irish Medical Council. It Yet they are indiscriminately being made to pay would not be appropriate to anticipate the out- a terrible price. come of legal advice and possible follow-up The national plan for the national parks and action at this early stage. wildlife service should have been up and running The requirement to pursue Irish Medical over eight years ago but it is not. It was supposed Council registration was included in the contract to be in place when the commonage framework with the agency. However, I understand that the plan was introduced in 2002. That was to be the person in question applied for but never obtained alternative for those who were not suited to or Irish Medical Council registration. The delay in would not go into REPS, as the scheme was not identifying this failure to obtain such registration suitable for everybody. REPS was to be the plan will form part of the report on the case. While of the Department of Agriculture and Food and 1315 The 31 January 2006. Adjournment 1316
[Dr. Cowley.] in areas that are severely damaged. The actual the national scheme was to be that of the Depart- destocking requirements in CFPs are to be moni- ment of the Environment, Heritage and Local tored and revised at regular intervals and are to Government. Until that scheme is in place the have regard to the success or otherwise of commonage framework plan cannot be measures that have already taken place on each implemented as the national plan was to be the of these commonages. Recent monitoring carried alternative to REPS for those who did not want out in severely damaged areas of Owenduff and to go into that scheme. Nephin Beg has shown that considerable damage The present proposal involves the pursuit of an is still in evidence. Accordingly it is not possible agenda by faceless bureaucrats who have little or at this time to revise downwards the full destock- no understanding of the harsh reality of life in ing requirement specified in the CFP plans. rural Mayo. I wonder if they want to know. The My Department and the Department of Agri- result will be the demise of sheep farming and culture and Food are in ongoing contact with the the further depopulation of an already sparsely European Commission on the subject of our populated area. I wonder if the plan is to wipe out response to the judgment of the European Court. the farmers completely. People are supportive of A fundamental element of that response is that the proposed national park in Ballycroy, but must the destocking prescriptions in the Owenduff and an entire population of 300 sheep farmers be Nephin Beg areas and elsewhere will be wiped out for the sake of a few day-trippers? implemented. For individual landowners the These farmers are owed a full explanation of implementation of these destocking requirements what is going on and demand fair play from the will be met through REP plans or, alternatively, Minister, as I do. They deserve to survive so that through a plan drawn up under my Department’s they and their children can have a future in farm- farm plan scheme. ing. Homo sapiens matters too. Approximately 60% of sheep farmers grazing the complex participate in the rural environment Minister of State at the Department of the protection scheme, REPS, operated by the Environment, Heritage and Local Government Department of Agriculture and Food. REPS is a (Mr. B. O’Keeffe): I thank the Deputy for raising voluntary scheme and participants with common- the issue. As my Department has the lead role age land must comply with the commonage in matters involved in this question I am pleased framework plan grazing requirements. The to respond. scheme will continue to make a positive contri- In June 2002 the European Commission bution to specific environmental objectives and secured a judgment against Ireland in the Euro- will continue to complement actions taken by my pean Court of Justice, in case C117/00. The case, Department to address this serious issue. which focused on the Owenduff and Nephin Beg Implementation of the commonage framework areas of County Mayo, was taken under the birds plans commenced in 2002. Where a commonage directive and concerned the extent to which the framework plan required destocking in excess of habitat of the red grouse was compromised by the 50% in that year it was capped at 50%. The over- overgrazing of sheep. Since that time consider- all plan was to rise to a maximum of 60% in fol- able work, designed to address the issue of overg- lowing years until such time as a reassessment of razing, has been carried out by my Department the commonage was undertaken. In recent con- and by the Department of Agriculture and Food. sultations with farming representatives it was The work mainly finds expression in the pro- reiterated that the recovery plan for the duction of commonage framework plans. These Owenduff area will continue to require an annual agri-environmental plans relate to just under period of total destocking. My Department 500,000 hectares of commonage land throughout remains in negotiation with farming representa- the county including the Owenduff and the tives about the precise duration of this destocking Nephin Beg area. period and I am confident that a resolution can Having regard to the extent of environmental be found shortly which will be acceptable to both damage and the stocking levels currently on the sides and credible in terms of our obligations land in question these lands produce a destocking under the European Court of Justice judgment. requirement for each commonage. These require- ments range from fairly low levels in commonage The Da´il adjourned at 9 p.m. until 10.30 a.m. areas that are lightly damaged to 70% and higher on Wednesday, 1 February 2006. 1317 Questions— 31 January 2006. Written Answers 1318
Written Answers. cations for the delivery of substantial additional capacity through a public private partnership. ———— The associated human resource plan, which is essential to deliver on the Government’s objec- The following are questions tabled by Members tive, is also being developed as a matter of for written response and the ministerial replies priority and will take into account the devel- received from the Departments [unrevised]. opments at Waterford Regional Hospital. I am determined to continue to build on the Questions Nos. 1 to 22, inclusive, answered substantial developments and increased capacity orally. in cancer care so that we have a world class service available and accessible to patients in Questions Nos. 23 to 126, inclusive, resubmitted. each region.
Questions Nos. 127 to 133, inclusive, answered Question No. 135 answered with Question orally. No. 133. Hospitals Building Programme. Hospital Services. 136. Mr. Gregory asked the Ta´naiste and Mini- 134. Mr. Noonan asked the Ta´naiste and Mini- ster for Health and Children if she is committed ster for Health and Children the funding pro- to the transfer of the children’s hospital, Temple vided by the Health Service Executive for radio- Street, Dublin 1 to a modern hospital on the therapy services in the south east; and if she will Mater site in line with the agreed timescale; and make a statement on the matter. [3070/06] if she will make a statement on the matter. [2753/06] Ta´naiste and Minister for Health and Children (Ms Harney): Cancer patients in the south east 137. Mr. Bruton asked the Ta´naiste and Mini- who require radiotherapy are referred to St. ster for Health and Children if her Department Luke’s Hospital Dublin and Cork University has given sanction for the redevelopment of the Hospital. Two radiation oncologists, one from Children’s University Hospital in a joint develop- each hospital, have sessional commitments at the ment on the campus of the Mater hospital; if her hospitals in the south east. The more recent attention has been drawn to the fact that a pro- appointment in September 2005 is a joint posed review of tertiary paediatric services has appointment with Cork University Hospital. She put a halt to this development on which \46 mil- has a five sessional commitment to the south east, lion has already been incurred; if she has which is a significant additional resource to can- requested or received a report on the need for cer patients in the region. Both appointments will this report; the reason, if needed, same was not ensure that there is appropriate radiation part of the original assessment; and if she will oncology input into the multi-disciplinary treat- make a statement on the matter. [2796/06] ment of cancer patients and that patients have equitable access to the services in both Dublin 174. Mr. Howlin asked the Ta´naiste and Mini- and Cork. The protocols for the referral of ster for Health and Children her views on con- patients are developed by the relevant consult- cerns from the boards of Temple Street and ants. In 2005, two new linear accelerators were Mater hospitals over the decision by the Health commissioned at Cork University Hospital and Service Executive to delay the proposed redevel- patients from the south east are benefiting from opment of the two hospitals; her further views on improved access to this increased radiotherapy the matter; the timescales for proposed devel- capacity supported by the consultant radiation opments; and if she will make a statement on the oncologist to whom I have referred. The funding matter. [3019/06] for these services is encompassed in the allocation by the Health Service Executive to the relevant 203. Mr. Crowe asked the Ta´naiste and Mini- hospitals. ster for Health and Children when a decision will Last July I announced the Government’s plan be taken on the proposal to build a replacement for a national network of radiation oncology for Temple Street children’s hospital on a site at services to be put in place by 2011 and commen- the Mater hospital. [2988/06] cing in 2008. The network will consist of four large centres in Dublin, Cork and Galway and 316. Mr. Curran asked the Ta´naiste and Mini- two integrated satellite centres at Waterford ster for Health and Children the situation and Regional Hospital and Limerick Regional progress report on the Mater and children’s Hospital. The satellite radiation oncology service hospital development; and if she will make a at Waterford Regional Hospital is to be managed statement on the matter. [3198/06] by Cork University Hospital. The Health Service Executive, in association with the National Ta´naiste and Minister for Health and Children Development Finance Agency and my Depart- (Ms Harney): I propose to take Questions Nos. ment, is currently developing the output specifi- 136, 137, 174, 203 and 316 together. 1319 Questions— 31 January 2006. Written Answers 1320
[Ms Harney.] for children and dependants were increased; and The Mater and children’s hospital development account is taken of reasonable expenses incurred is the largest single capital development project in respect of rent and mortgage payments, child in the HSE capital programme. It involves the care and travel to work. redevelopment of the Mater campus to include In October 2005 the income guidelines for considerably expanded and improved facilities for medical cards and GP Visit cards were increased the Mater itself, and the construction of new, pur- by a further 20%. Thus the income guidelines pose-built accommodation which will replace the have increased by 29% since 2004. The HSE has Children’s University Hospital, Temple Street. publicised these changes and has provided a In the context of the decision to be taken on national information helpline. The executive will the possible relocation of the facilities at Our continue to encourage people to apply and has Lady’s Hospital for Sick Children, Crumlin, I made the application process as simple as asked the Health Service Executive to undertake possible. a review of tertiary — highly specialised — paedi- In December 2005 my Department asked the atric services to ensure that paediatric services HSE to take account of the welfare, taxation or are provided in the most efficient and effective other changes announced in the budget on the manner. The HSE engaged a team of manage- operation of the income guidelines and to identify ment consultants to provide a report on the stra- any changes which may be required to ensure that tegic organisation of tertiary paediatric services medical cards and GP visit cards continue to be in Ireland. Their report is expected to be fur- available to those who need them. I expect to nished to the HSE tomorrow evening for con- receive a report from the HSE shortly about this sideration at the scheduled HSE board meeting matter. on Thursday. The HSE has advised the hospital that it will Avian Influenza. await its consideration of the report before giving approval for the project to proceed to tender. 139. Mr. Cuffe asked the Ta´naiste and Minister for Health and Children the steps she has taken Following receipt of the report, my Depart- to date in 2006 to deal with the possibility of an ment will have discussions with the HSE to deter- outbreak of bird flu, or worse, a flu pandemic; mine how the development project is to be and if she will make a statement on the advanced. My primary concern is to ensure that matter. [3089/06] we arrive at a solution which is in the best interests of children. 144. Mr. Sargent asked the Ta´naiste and Mini- ster for Health and Children if her Department is Medical Cards. co-operating with the Department of Agriculture 138. Mr. O’Shea asked the Ta´naiste and Mini- and Food on the question of bird flu; and if she ster for Health and Children the number of medi- will make a statement on the matter. [3094/06] cal cards promised and delivered, in view of recent announced figures; her views on the fact 157. Mr. Boyle asked the Ta´naiste and Minister that despite promises in November 2004 for for Health and Children her views on the recent 30,000 extra full medical cards, recent figures reports regarding the effectiveness of Tamiflu; from the Health Service Executive show an the reserves of Tamiflu here; and if she will make increase of people on full medical cards of just a statement on the matter. [3087/06] 4,728. [3035/06] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. (Ms Harney): I am informed by the Health 139, 144 and 157 together. Service Executive that in January 2006, 1,155,727 Avian influenza, bird flu, is an infectious dis- people had medical cards, which is 10,644 more ease of birds caused by type A strains of the influ- than the corresponding figure, 1,145,083, for enza virus. The Department of Agriculture and January 2005. Food is responsible for controlling avian influ- I made a number of significant changes in 2005 enza in birds and mammals other than humans. to make it easier for people to qualify for a medi- That Department has put in place a range of cal card or a GP visit card. The income guidelines measures aimed at maintaining Ireland’s avian flu and the income allowances for children, which are free status. taken into account for the purposes of assessment The health sector’s role in avian flu relates to of eligibility for the medical card, were increased the human health implications that would arise from 1 January 2005. A higher rate of increase were there to be an outbreak of avian flu here. was applied to the allowances for children and My Department is working very closely with the was specifically aimed at assisting low income Department of Agriculture and Food in this con- families with children to access primary care text and there are ongoing meetings between services. Other significant changes I have intro- officials to discuss issues of mutual concern. duced include: assessment is now based on The Department of Agriculture and Food is people’s income after tax and PRSI; allowances also an active participant in my Department’s 1321 Questions— 31 January 2006. Written Answers 1322
Influenza Pandemic Expert Group. A sub-group regard to stockpiling of zanamivir, Relenza, in of the expert group has developed these guidance addition to oseltamivir, Tamiflu. This was in light documents for use in the event of an avian influ- of a case report of resistance to Tamiflu. The enza outbreak in animals in Ireland. expert group advised that a quantity of Relenza Guidance on the investigation and manage- should be stockpiled. The situation was reviewed ment of suspected human cases of avian influenza again at an expert group meeting last week and has also been developed and circulated within the this decision was confirmed. My Department is health system. These guidance documents are now finalising arrangements for the purchase of available on the HSE Health Protection Surveil- this additional stock, including quantities and lance Centre website, www.hpsc.ie. time frame for delivery. The Department of Agriculture and Food is Treatment with antiviral drugs will play an issuing a comprehensive “biosecurity information important part in the response to an influenza pack” to almost 7,500 poultry flockowners who pandemic, but it is not the only response. Non- have registered with them. This mailshot includes pharmaceutical public health interventions aimed public health advice on bird flu prepared by the at reducing the spread of infection also have an Health Protection Surveillance Centre. important role. The expert group is currently The overall aims of influenza pandemic plan- updating guidance in this area with reference to ning are to reduce mortality and morbidity, and the latest recommendations from the World to minimise the resulting disruption to society. Health Organisation. However, the consequences of a global pandemic are still likely to be serious. Pandemic planning Questions Nos. 140 and 199 answered with can only mitigate the effects and my Department Question No. 133. and the Health Service Executive are working closely together on pandemic planning. This work Accident and Emergency Services. is ongoing on a number of fronts, as follows: the Influenza Pandemic Expert Group is updating 141. Mr. Gilmore asked the Ta´naiste and Mini- expert guidance; the pandemic influenza oper- ster for Health and Children, in view of the acci- ational response plan is being updated in line with dent and emergency crisis and the record number the most up to date expert advice. This work is of patients on trolleys, the steps she will take to being progressed through working-implemen- tackle same; her views on whether the ten point tation groups established by the HSE to address plan for the accident and emergency crisis is actions within the following functional areas — working; and if she will make a statement on the surveillance, health services, public health matter. [3026/06] measures, vaccines-antivirals etc., communi- cations, laboratories and materials management. 244. Mr. Crowe asked the Ta´naiste and Mini- My Department is a member of the HSE steering ster for Health and Children if she will report on group and is also actively involved in the vac- the results of her ten point plan to address the cines-antivirals and communications groups; my crisis in accident and emergency units in hospitals Department is establishing a standing inter- here; and if she will make a statement on the departmental committee to consider issues which matter. [2987/06] go beyond the health aspects of an influenza pandemic. This committee will assist with plan- Ta´naiste and Minister for Health and Children ning for such an emergency and will also be avail- (Ms Harney): I propose to take Questions Nos. able in the event of an emergency arising; and 141 and 244 together. arrangements to procure a stockpile of H5N1 vac- A wide-ranging approach has been adopted by cine for key health care workers and other essen- the Health Service Executive to improve access tial workers are in train. My Department is also to accident and emergency services, improve pati- actively pursuing an advanced purchase order for ent flows through accident and emergency a pandemic strain vaccine. departments, reduce waiting times, free up acute An emergency supply of more than 45,000 beds and provide appropriate longer term care treatment packs of antivirals, Tamiflu, was pur- for patients outside of the acute hospital setting. chased in 2004. A further 1 million treatment A particular focus of the action plan has been packs of antivirals, Tamiflu, are being stockpiled. placed on those patients in acute hospitals who A total of 600,000 packs have already been deliv- have completed the acute phase of their treat- ered. The remaining 400,000 packs will be deliv- ment and are ready for discharge to a more ered this year. Arrangements are also being made appropriate setting. The HSE has made consider- to purchase a supply of the active pharmaceutical able progress, and is continuing to make sus- ingredient, oseltamivir phosphate powder, to tained efforts, in arranging for the discharge of treat children aged between one to five years of these patients in order to free up more acute beds age. for emergency patients. In addition, high depen- Recommendations for the stockpiling of antivi- dency beds and intermediate care beds in private rals are kept under constant review by the Influ- nursing homes, along with home care packages, enza Pandemic Expert Group. In October 2005, are being used to ensure that patients are appro- the expert group reviewed recommendations with priately placed. 1323 Questions— 31 January 2006. Written Answers 1324
[Ms Harney.] delivery of health and personal social services, Under the action plan, the HSE has contracted which is the responsibility of the Health Service 48 high dependency beds in private nursing Executive under the Health Act 2004, the homes for patients with more demanding care parliamentary affairs division of the executive has needs while additional step-down facilities for been asked to arrange to have this matter investi- intermediate care have so far helped 582 people gated and to have a reply issued directly to the to move out of hospital. Additional home care Deputy. packages and enhanced subventions have facili- The total number of speech and language tated the discharge of 530 people. A total of \6.6 therapists by Health Service Executive area, million is being targeted at increasing the level of including voluntary hospitals and intellectual dis- home support available in the community to ability agencies, at end September 2005 is shown avoid people having to be admitted to acute in the following table. hospitals. Employment information with regard to com- Within the context of the action plan, the HSE munity care areas in Dublin is also shown. It undertook an audit of efficiencies and process. should be noted that these latter figures are The study was conducted in ten hospitals, and its exclusive of speech and language therapists conclusions point to a number of areas for further employed in any hospitals and intellectual dis- improvement. These include: strengthened dis- ability agencies located within the community charge planning processes; improved clinical care areas. All figures are expressed in whole decision making at every stage; and better co- time equivalent, WTE, terms. The Deputy will ordination of and access to diagnostic services. also wish to be aware that the total number of A key action for 2006 for all hospitals with acci- speech and language therapists employed at end dent and emergency departments will be the full September 2005 represents an increase of 162, implementation of the efficiency audit recom- WTE, or 42% over end December 2000 figures. mendations. In tandem with this, a programme of financial incentivisation will be introduced, aimed Speech and Language Therapy — all Grades at rewarding those hospitals that are meeting agreed performance targets and facilitating over- Health Service Executive Area 30/09/2005 all improved performance. The Health Service Executive will continue to Eastern 210.88 maintain a focus on the implementation of Midland 46.13 system-wide measures to further improve the Mid-Western 33.86 delivery of accident and emergency services. North-Eastern 38.83 North-Western 28.10 142. Mr. Gogarty asked the Ta´naiste and Mini- South-Eastern 56.30 ster for Health and Children the reason for the discrepancy between the figures of people waiting Southern 83.63 on trolleys in accident and emergency depart- Western 50.33 ments from the Irish Nurses Organisation and Total 548.06 those from the Health Service Executive; the set of figures which are true; and if she will make a statement on the matter. [3090/06] Speech & Language Therapy — all grades Ta´naiste and Minister for Health and Children Community Care Area — Dublin 30/09/2005 (Ms Harney): My Department is advised by the Health Service Executive that the reason for the discrepancy between the INO figures and the Community Care (Dublin, Area 1) 5.83 HSE figures for the numbers of people waiting on Community Care (Dublin, Area 2) 12.79 trolleys in accident and emergency departments is Community Care (Dublin, Area 3) 7.21 that the figures are compiled at different times of Community Care (Dublin, Area 4) 6.00 the day. The INO figures are collected at 8 a.m. Community Care (Dublin, Area 5) 5.33 each day, while the HSE figures are collected at Community Care (Dublin, Area 6) 11.33 2 p.m. Community Care (Dublin, Area 7) 6.67 Health Services. Community Care (Dublin, Area 8) 8.89 143. Aengus O´ Snodaigh asked the Ta´naiste Total 64.05 and Minister for Health and Children the number Source: Health Service Personnel Census. of speech therapists per Health Service Executive area and per community care area in Dublin; and the waiting list in each area. [2992/06] Question No. 144 answered with Question No. 139. Ta´naiste and Minister for Health and Children (Ms Harney): As the Deputy’s question in regard 145. Mr. Costello asked the Ta´naiste and Mini- to waiting lists relates to the management and ster for Health and Children if her attention has 1325 Questions— 31 January 2006. Written Answers 1326 been drawn to the fact that stroke is the third assists hospital managers to define their work- leading cause of death here; if her attention has load, measure their productivity and assess qual- further been drawn to the fact that same accounts ity. It is accepted that it is the only system capable to almost 10% of accident and emergency admis- of dealing with the complexities of acute sions yet stroke health services are under hospital management. developed here; her views on whether a national Casemix is now an international system, used stroke strategy is required; and if she will make a in most countries with a developed health care statement on the matter. [3024/06 system. It is constantly evolving to keep pace with changing clinical and management practice. A Minister of State at the Department of Health casemix programme was initiated here in 1991 and Children (Mr. S. Power): In 2005, the and it is open and inclusive, with all stakeholders Ta´naiste met the Irish Heart Foundation to dis- actively encouraged to participate in and contrib- cuss, inter alia, services for patients with stroke. ute to the process. My Department works with Following that meeting, the foundation, with the hospitals to implement suggested improvements support of a grant of \70,000 from my Depart- in a manner that enhances the consistency and ment, convened a National Stroke Review accuracy of the system. At local level, hospitals Group, NSRG. The NSRG has representatives are encouraged to establish structures encom- from the HSE — population health — and from a passing both management and clinicians and wide range of relevant professional and voluntary advise on the operation and implementation of organisations — community health nurses, speech the programme. therapists, volunteer scheme etc. The group Here, casemix is used as part of the budgetary developed a research protocol based on methods process in order that hospitals are fully funded used for an audit of hospital and community for the patients they actually treat. Full account services in the UK. is taken of patient complexity and all unique local The research is a national audit of stroke issues, such as long-stay patients that cannot be services, to include an audit of hospital-based discharged, high cost cases, specialist hospitals stroke services: organisational aspects of care in versus general hospitals, teaching hospitals versus acute hospitals, especially reorganised stroke non-teaching, urban versus rural, etc. All bench- care, and a clinical audit of stroke care, involving marks within the system, including cost-per-case, review of clinical case notes for a selected sample are generated by direct reference to each of patients; and an audit of community-based hospital’s peer group. The programme in Ireland stroke services, to include surveys of GPs, allied is unique in that it is ’budget-neutral’, with all health professionals, patients and carers, and funding deducted going back into the acute nursing homes. hospital system. These audits will provide excellent baseline Many hospitals that lose funding under the information on which to benchmark progress in programme review their management of patient developing stroke services. The NSRG will moni- services and go on to provide better services to tor progress of the research and use the findings more patients and consequently gain funding in to make recommendations on the development of the following years. The benefit of casemix is that stroke services. My Department and the Health hospitals can receive recognition and funding for Service Executive will consider policy impli- all their patients, taking into account their cost cations in the light of this national service audit. and clinical complexity. The only loser in this pro- cess is inefficiency. Hospital Procedures. A major review of the entire national casemix programme has taken place in consultation with 146. Mr. Hogan asked the Ta´naiste and Mini- all stakeholders and is actively being ster for Health and Children her views on the implemented. This review led to a complete mod- casemix system; and if she will make a statement ernisation of the system. on the matter. [3007/06] I am committed to rewarding good perform- ance and as casemix is the most internationally 241. Mr. Hogan asked the Ta´naiste and Mini- accepted ’performance related’ acute hospital ster for Health and Children her plans to review activity programme, it is agreed between my the casemix system; and if she will make a state- Department and the Health Service Executive ment on the matter. [3006/06] that casemix will be used as a central pillar in acute hospital funding policy. Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. 146 and 241 together. Medicinal Products. In an era of evidence based medicine, we must 147. Mr. Sherlock asked the Ta´naiste and Mini- also have evidence based management. It is ster for Health and Children her views on the widely agreed that the most developed system for delays patients are experiencing in receiving assessing comparative efficiency and for creating essential medicines; her further views on the fact incentives within the acute hospital sector, and that people are having to use unlicensed products for encouraging good performance, is casemix. It in the absence of the licensed version of a drug; 1327 Questions— 31 January 2006. Written Answers 1328
[Mr. Sherlock.] million of this is for the development of palliative the affected drugs; if her attention has been home care and community based initiatives drawn to the fact that some medical card or GMS throughout the country. This level of funding will patients are paying for drugs rather than waiting also facilitate the HSE to develop action plans for reimbursement approval of the unlicensed in accordance with the recently published Needs medication; and if she will make a statement on Assessment on Palliative Care for Children, and the matter. [3042/06] to introduce targeted projects which will provide experience-based knowledge and baseline infor- Ta´naiste and Minister for Health and Children mation to assist in the further development of (Ms Harney): Supply shortages of particular services. In 2007 an additional \4 million is to be drugs usually arise from regulatory or manufac- allocated to develop the service, giving a full-year turing difficulties. These shortages are usually cost of \13 million. unforeseeable and of short duration. In many Under the Health Act 2004, the HSE has the cases, there are already reimbursable alternative responsibility to manage and deliver, or arrange products available through the community drug to be delivered on its behalf, health and personal schemes or, in some instances, only some dosages social services. This includes responsibility for the in the product range are unavailable. provision of palliative care services. At present As soon as my Department becomes aware of the HSE is going through a process of evaluating shortages in vital medicines, contact is made with the proposals received from local areas in relation the company concerned and every effort is made to community based initiatives. to source an alternative product from a reliable source. As happened in the recent case of Medical Inquiries. injectable vitamin B12, where there were no ´ licensed reimbursable alternatives, another prod- 149. Caoimhghı´nOCaola´in asked the Ta´naiste uct was sourced and is being reimbursed. Where and Minister for Health and Children if she has the alternative product is unlicensed in Ireland, received the report of the investigation into prac- reimbursement for medical cardholders is a tices at the obstetrics and gynaecology unit at Our matter for the local area of the HSE. There is a Lady of Lourdes Hospital in Drogheda; and if she separate reimbursement protocol for drug pay- will make a statement on the matter. [2986/06] ment scheme patients. Ta´naiste and Minister for Health and Children (Ms Harney): Following the Medical Council’s Health Services. investigation into the conduct of Dr. Michael 148. Mr. O’Dowd asked the Ta´naiste and Mini- Neary which found him guilty of professional mis- ster for Health and Children if she is satisfied that conduct in relation to ten patients, the Govern- appropriate funding and services are being pro- ment decided in April 2004 to establish a non- vided by the Health Service Executive for palli- statutory inquiry, the Lourdes Hospital inquiry, ative care services in the health care system here; chaired by Judge Maureen Harding Clark. and if she will make a statement on the I met the chairperson of the inquiry on 27 matter. [3073/06] January last and received her report. However, I was advised by Judge Clark in the course of the Minister of State at the Department of Health meeting that the inquiry has received some and Children (Mr. S. Power): The National additional information in recent days that will Council on Specialist Palliative Care was estab- require to be considered and which will be dealt lished arising from the Report of the National with by way of an addendum to the report. Judge Advisory Committee on Palliative Care which is Clark expects to complete the addendum later the blueprint for the development of palliative this week. care services. The terms of reference of this council include examining, monitoring and mak- Health Services. ing recommendations on the development and implementation of national policy on palliative 150. Mr. G. Mitchell asked the Ta´naiste and care services for adults and children in Ireland to Minister for Health and Children if her attention provide a high-quality palliative care service with has been drawn to the fact that sleep apnoea is a equity of access based on need and availability huge concern of morbidity in our health services; across all regions and in all care settings. the steps her Department is taking to improve Since October 2001, this Department provided diagnosis and treatment of this condition in the additional revenue funding in excess of \16 mil- patient population affected; and if she will make lion to the former health boards to develop palli- a statement on the matter. [3060/06] ative care services in line with the recom- mendations in the report. In 2006, a further \9 Ta´naiste and Minister for Health and Children million is allocated to the Health Service Execu- (Ms Harney): Sleep apnoea is a condition that tive, HSE, for specialist palliative care, this figure interrupts breathing while asleep. This is usually includes the provision of 24 extended care beds caused by an obstruction blocking the back of the this year in Our Lady’s, Harold’s Cross. Some \2 throat so that the air cannot reach the patient’s 1329 Questions— 31 January 2006. Written Answers 1330 lungs. The cessation of breathing automatically Ta´naiste and Minister for Health and Children forces the sufferer to wake up in order to start (Ms Harney): I propose to take Questions Nos. breathing again. This can happen many times 152 and 221 together. during the night, making it hard for the body to The Madden Report on Post Mortem Practice get enough oxygen, and preventing the sufferer and Procedure, which I published recently, con- from obtaining enough good quality sleep. tains some 50 recommendations. Some of the Sleep apnoea is not a notifiable or reportable recommendations are exclusively the remit of my disease in any of the formal reporting mechan- Department, for example, the formulation of isms or registers in Ireland but it is suggested that human tissue legislation, others are a matter for there may be something of the order of 4,500 to the HSE, for example, an audit of organs retained 5,000 people diagnosed with the condition. It in hospitals, and others fall under the aegis of ranges from mild to quite severe. This condition other agencies, for example, the coroners legis- can lead to a reduction in quality of life. lation is a matter for the Department of Justice Diagnosis is made by way of clinical and other Equality and Law Reform. My Department is examinations and comprehensive diagnosis examining each of the recommendation in consul- includes examination of electrical activity in the tation with relevant bodies. I have asked for an brain, eye movements, heart rate, respiratory action plan to be prepared for the implemen- effort and blood oxygen levels. Treatment varies tation of the recommendations and progress depending on the degree and severity of the made will be closely monitored. illness. EU Directive 2004/23/EC which sets quality The management and delivery of health and and safety standards for procurement, testing, personal social services is the responsibility of the processing, preservation, storage and distribution Health Service Executive under the Health Act of tissues and cells is in the process of being trans- 2004 and my Department has requested the posed into Irish law. This legislation will only deal parliamentary affairs division of the executive to with tissues and cells for human application. arrange to have this matter investigated and to As regards stillbirths and maternity hospitals, have a reply issued directly to the Deputy. Dr. Madden had access to all of the information collected by the Dunne inquiry, with particular Health Promotion. reference to the issue of pituitary glands which is dealt with in chapter six of her report. 151. Dr. Upton asked the Ta´naiste and Mini- As recommended in the report, I am estab- ster for Health and Children if she will support lishing a working group to examine issues per- the establishment of young gardeners clubs and taining to non-paediatric post mortems, that is, healthy eating garden projects as part of a prog- babies who died before or at birth, minors and ramme to promote healthy eating; and if she will adults. I have asked Dr. Madden to chair the make a statement on the matter. [38386/05] group and will announce the full membership shortly. Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Hospital Staff. tion relates to the management and delivery of health and personal social services, which are the 153. Ms Enright asked the Ta´naiste and Mini- responsibility of the Health Service Executive ster for Health and Children if her proposal to under the Health Act 2004. Accordingly, my build private hospitals on the grounds of public Department has requested the parliamentary hospitals will be continued if public only contracts affairs division of the executive to arrange to have for consultants are introduced. [3068/06] this matter investigated and to have a reply issued directly to the Deputy. 177. Ms Enright asked the Ta´naiste and Mini- ster for Health and Children if her plan to employ Organ Retention. new hospital consultants on public only contracts will affect her proposal to build private hospitals 152. Mr. M. Higgins asked the Ta´naiste and on the grounds of public hospitals; and if she will Minister for Health and Children the steps she make a statement on the matter. [3067/06] intends to take on implementing the human tis- sues legislation which has been long promised in Ta´naiste and Minister for Health and Children view of the recent publication of the Madden (Ms Harney): I propose to take Questions Nos. report on organ retention; and if she will make a 153 and 177 together. statement on the matter. [3028/06] The new consultant’s contract will set out in detail formal employment arrangements for con- 221. Mr. Gormley asked the Ta´naiste and Mini- sultants practising exclusively in the public sector. ster for Health and Children the reason there will The impact of the new contract on proposals to be no report on the information collected by the locate private facilities on public hospital sites Dunne inquiry in relation to stillbirths and will fall to be considered as part of the transition maternity hospitals. [3085/06] to the new contract. 1331 Questions— 31 January 2006. Written Answers 1332
Hospital Services. improvements made at hospital level since the inspections last year. 154. Mr. Connolly asked the Ta´naiste and Minister for Health and Children if special I do not accept the criticism about the second unique difficulties of service withdrawal and sur- audit. There can be no possible excuse on medical gical off-call status were taken into account in her or administrative grounds for now suspending the Department’s penalising of Monaghan General hygiene audit. Staff in hospitals around the coun- Hospital to the extent of \257,217 under the new try are working hard to improve hygiene stan- case-mix incentivisation scheme; and if she will dards. It would be unfair to both patients and staff to suspend the hygiene audit. Now that a make a statement on the matter. [2755/06] certain momentum has been created to tackle hospital hygiene it is reasonable to measure the Ta´naiste and Minister for Health and Children improvements made and to identify areas where (Ms Harney): All the hospitals who participate further actions may be necessary. in the national casemix programme are actively encouraged to make submission on issues of con- cern to them to the casemix technical group in Cancer Screening Programme. my Department, who are responsible for 156. Ms Shortall asked the Ta´naiste and Mini- reviewing cost and activity data for inclusion in ster for Health and Children if she is satisfied her- the budget model. self that BreastCheck is to be rolled out within Local management was invited to make a sub- the target set out; if she is further satisfied that mission on the matter of its own unique local BreastCheck will meet the full population of issues, which it did. Although this amounted to women eligible; and if she will make a statement a very considerable amount, its submission was on the matter. [3047/06] accepted in full by the casemix group. All costs relating to issues beyond local management con- 162. Dr. Cowley asked the Ta´naiste and Mini- trol, including costs for services that cannot be ster for Health and Children if the short listing, fully utilised as a result of local difficulties, were fee negotiations, interviews and completion date fully compensated for. are available for the BreastCheck extension; the The patient throughput at the hospital for the discussions which have taken place regarding year under review, namely, 2004, which formed staffing requirements; the date on which the part of the recently released casemix adjustments, women of the west can expect this service to com- was actually higher than in the previous year, mence in 2007; and if she will make a statement despite local difficulties. The resulting budget on the matter. [3003/06] adjustment is a reflection of its real position vis- a-vis its peers, excluding costs for items beyond Ta´naiste and Minister for Health and Children their control. (Ms Harney): I propose to take Questions Nos. 156 and 162 together. Hospital Hygiene Audits. My Department has made additional revenue funding of \2.3 million available to BreastCheck 155. Mr. Gilmore asked the Ta´naiste and Mini- this year to, inter alia, provide for the recruitment ster for Health and Children if her attention has and training of staff to commence the national been drawn to the criticisms from the vice pres- rollout of the screening programme in 2007. ident of the Irish medical organisations in relation BreastCheck has advertised for lead consultant to the second forthcoming hygiene audit of radiologists and radiographers for the two new hospitals, which included concerns that same was clinical units at the South Infirmary-Victoria a waste of money; her views on such criticisms; Hospital, Cork and University College Hospital, and if she will make a statement on the Galway. BreastCheck expects the recruitment matter. [3025/06] process for other key clinical posts to commence shortly. Ta´naiste and Minister for Health and Children The design process for the two clinical units is (Ms Harney): Robust infection control measures progressing. The applications for planning per- and improved hospital hygiene have been iden- mission for both clinical units have been lodged tified as key actions required to control the with the relevant local authorities and decisions spread of health care associated infections, are expected in March. It is anticipated that the HCAIs. To assess the extent of good hygiene design process, including the preparation of the practices in hospitals the first ever national tender documentation, will be completed by mid hygiene audit of acute hospitals was carried out 2006. Following the selection of the contractors, last year. The results of the first hygiene audit will construction of the two units will commence. form the basis for the changes that are required BreastCheck is confident that the target date of in both work environments and work practices so 2007 for commencement of the rollout of the as to meet the highest possible standards of programme to the remaining regions, including cleanliness in hospital settings. The HSE has the west, will be met. BreastCheck has advised decided to repeat the national audit commencing my Department that the plan for the rollout will next month in order to assess the extent of the be formulated in accordance with the operational 1333 Questions— 31 January 2006. Written Answers 1334 practice developed in the regions covered by the mation to patients infected with MRSA, the dis- current programme. This means that it is antici- charge from hospital of patients with MRSA and pated that each area will be visited over the first the national policy on hospital visiting times. The two year screening round and then re-screened HSE is presently considering how best to ensure approximately 21-27 months later. that good practice and the proper procedures are followed in such circumstances. It is now a matter Question No. 157 answered with Question for the HSE to continue to develop and No. 139. implement the necessary strategies needed to ensure the effective control of health care associ- Infectious Diseases. ated infections including MRSA. 158. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children the steps which have Medical Inquiries. been taken to address the ongoing issue of MRSA infections; when she expects to have the 159. Mr. Quinn asked the Ta´naiste and Mini- matter under control; the instructions given in ster for Health and Children her views on the this regard; and if she will make a statement on delays in publishing the report into the death of the matter. [2980/06] a person (details supplied) in Monaghan Hospital in October 2005; the reason for the delay; the 343. Mr. Durkan asked the Ta´naiste and Mini- further reason the deadline was not met; the date ster for Health and Children the number of con- for completion of the report; and if she will make firmed cases of MRSA to date in 2006; the a statement on the matter. [3040/06] hospitals in which same have occurred; the action which was taken to prevent a recurrence; and if 327. Mr. Connolly asked the Ta´naiste and she will make a statement on the matter. Minister for Health and Children when the report [3268/06] of the independent external inquiry into the death of a person (details supplied) at Monaghan 345. Mr. Durkan asked the Ta´naiste and Mini- General Hospital will be released; and if she will ster for Health and Children the steps which have make a statement on the matter. [3241/06] been taken on her instructions to combat the inci- dents of MRSA; if the results have been moni- Ta´naiste and Minister for Health and Children tored in any or all cases; and if she will make a (Ms Harney): I propose to take Questions Nos. statement on the matter. [3270/06] 159 and 327 together. Following the death of Mr. Patrick Walsh in Ta´naiste and Minister for Health and Children Monaghan Hospital on 14 October 2005 the (Ms Harney): I propose to take Questions Nos. Health Service Executive commissioned Mr. 158, 343 and 345 together. Patrick Declan Carey, a consultant surgeon at For the purposes of the surveillance, preven- tion and control of this infection the Health Pro- Belfast City Hospital and an honorary senior lec- tection Surveillance Centre collects data on turer at Queen’s University, and Professor John MRSA bacteraemia, also known as bloodstream Monson, Professor of Surgery, University of Hull, infection or “blood poisoning”, as part of the to carry out an independent and external review. European antimicrobial resistance surveillance The executive has advised my Department that system, EARSS. EARSS collects data on the first the review has commenced with an anticipated episode of blood stream infection per patient per completion date of late March-April 2006. quarter. EARSS was designed to allow compari- My Department has requested the executive to son of antimicrobial resistance data between reply directly to Deputy Quinn in relation to the countries and possibly regions but not between timescale involved in undertaking the review. hospitals. Data in respect of the first quarter of 2006 is not yet available. 160. Mr. Connaughton asked the Ta´naiste and The publication of the revised SARI guidelines Minister for Health and Children if the Health on the control and prevention of MRSA in Service Executive terms of reference of the hospitals and in the community, the Clean Hands inquiry into the death of a person (details Campaign, the national hygiene audits and the supplied) in county Wexford will include the role development of national standards in relation to of the community care services; and if she will infection control and hospital hygiene are some make a statement on the matter. [3062/06] of the measures aimed at bringing about change in the hospital system. The HSE has announced that the second national hygiene audit of acute 211. Dr. Twomey asked the Ta´naiste and Mini- hospitals will commence in February and will ster for Health and Children when she expects assess the extent of the improvements made at the Health Service Executive report on the death hospital level since the inspections last year. of a person (details supplied) in County Wexford I recently wrote to the Health Service Execu- to be published; and if she will make a statement tive in relation to the communication of infor- on the matter. [3061/06] 1335 Questions— 31 January 2006. Written Answers 1336
Ta´naiste and Minister for Health and Children research into the causes of child homelessness (Ms Harney): I propose to take Questions Nos. here in view of the fact that a total of 492 children 160 and 211 together. were deemed homeless in 2004; and if she will The Health Service Executive has established make a statement on the matter. [3275/06] an investigation team to comprehensively review services provided by the executive to Ms Evelyn Minister of State at the Department of Health Joel over the period January 2004 to January and Children (Mr. B. Lenihan): I propose to take 2006. The terms of reference for the review are: Questions Nos. 163 and 349 together. 1. To review the scope, range and level of services The youth homelessness strategy was published provided by the HSE to Ms. Evelyn Joel, during on 31 October 2001. The strategy provides a stra- the period January 2004 to January 2006 having tegic framework for youth homelessness to be regard to her medical condition and circum- tackled on a national basis. The goal of the stances; 2. To review the delivery and co-ordi- strategy is “to reduce and if possible eliminate nation of these services to Ms Joel; 3. To review youth homelessness through preventative stra- existing protocols and procedures in the delivery tegies and where a child becomes homeless to of these services; 4. Having regard to the review ensure that he/she benefits from a comprehensive findings to make recommendations as appro- range of services aimed at reintegrating him/her priate and to submit its report to the Health into his /her community as quickly as possible.” Service Executive; and 5. To complete the report Under the strategy, the former health boards, as soon as possible. now the Health Service Executive, HSE, have I expect that the review team will comprehen- lead responsibility for implementation of the sively examine all services provided by the HSE strategy and they prepared detailed action plans to Ms Evelyn Joel. I am not in a position to pre- to address youth homelessness in line with the dict how long it will take to complete its review. objectives set out in the strategy. During 2005, my Department requested the HSE to undertake a Health Services. review of the action plans to ascertain the extent 161. Ms O’Sullivan asked the Ta´naiste and of their implementation. A report on this matter Minister for Health and Children if, in view of the is awaited. warning from St. Columcille’s Hospital, Ireland’s In addition, the National Children’s Office, only obesity clinic, that there are currently 500 now part of the recently established Office of the people on waiting lists and that it is estimated Minister for Children, had been assigned that 30 people will die while on the waiting lists, responsibility by the Cabinet committee in the steps she will take to aid St. Columcille’s relation to co-ordinating and monitoring the Hospital; the measures which will be taken to implementation of the youth homelessness combat obesity here; and if she will make a state- strategy, YHS. In this regard, the Youth Home- ment on the matter. [3036/06] lessness Strategy Monitoring Committee, YHSMC, under the chairmanship of the afore- Minister of State at the Department of Health mentioned National Children’s Office and rep- and Children (Mr. S. Power): The Deputy’s ques- resentative of the child care policy unit of my tion relates to the management and delivery of Department and other relevant stakeholders, health and personal social services, which are the was established. responsibility of the Health Service Executive The committee identified key areas, which under the Health Act 2004. Accordingly, my required attention to drive the implementation of Department has requested the parliamentary the strategy in an effective, co-ordinated way, on affairs division of the executive to arrange to have a nationwide basis. A number of sub-groups were this matter investigated and to have a reply issued established as follows: Inter-agency Co-ordi- directly to the Deputy. nation and Linkages The Programme of Action for Children Office, a unit within the health Question No. 162 answered with Question board structure with a co-ordinating function No. 156. across all health board regions, agreed to take on the co-ordination and linkages functions within Youth Homelessness. the HSE arena. The office of the Minister for Children will continue to deal with cross-sectoral 163. Mr. Stanton asked the Ta´naiste and Mini- co-ordination issues. Leaving and Aftercare ster for Health and Children the programs and National guidelines on leaving and aftercare were supports in place by the child care policy unit of approved by the YHS Monitoring committee and her Department to tackle youth homelessness; were circulated by my Department to the former and if she will make a statement on the health boards in July 2004. The purpose of the matter. [3004/06] guidelines is to assist the HSE in developing its leaving and aftercare policies with the aim of, 349. Mr. Stanton asked the Ta´naiste and Mini- inter alia, protecting those leaving care who may ster for Health and Children if the child care be vulnerable to homelessness. Statistics The policy unit of her Department has undertaken statistics sub-group recommended the introduc- 1337 Questions— 31 January 2006. Written Answers 1338 tion of a new youth homelessness contact form as as young person abandoned by parent-caregiver, a way of gathering more reliable and consistent young person running away from care placement statistics. My Department circulated the form to and family dispute-breakdown. The revised tables the former health boards in December 2003 for also examine the reason given for homelessness introduction on 1 January 2004. The contact form with the outcome, and the reason given for home- provides more information than was previously lessness with the age of the young person. The collected, and revised tables on youth home- full Statistics for 2004 have not been compiled lessness are being included in the Interim Mini- yet. The Interim Minimum Dataset for 2003 pro- mum Dataset for 2004. The revised tables include vides the following reasons for children becom- new categories for reasons for homelessness such ing homeless:
TOTALS
Primary Reason for Homelessness of ERHA MHB MWHB NEHB NWHB SEHB SHB WHB National Children
Abuse Emotional Abuse Of Child 4 0 100015 11 Neglect Of Child 8 0 000030 11 Physical Abuse Of Child 10 2 320003 20 Sexual Abuse Of Child 4 0 000000 4
Child Problems Child Abusing Drugs/Alcohol 18 0 9105128 53 Child Involved in Crime 17 1 100060 25 Child Pregnancy 7 0 010320 13 Child With Emotional/Behavioural Problems 65 11 15 2 0 13 30 10 146 Mental Health Problem/Intellectual Disability in Child 1 0 000000 1 Other — Please Specify 1 0 010030 5 Physical Illness/Disability in Child 8 0 010001 10
Family Problems Domestic Violence 7 0 000300 10 Family Member Abusing Drugs/ Alcohol 36 1 000334 47 Mental Health Problem/Intellectual Disability in Other Family Member 0 0 000000 0 Other — Please Specify 2 0 101491 18 Parent Unable To Cope/Family Difficulty Re Housing/Finance 17 2 3 12 1 30 33 2 100 Physical Illness/Disability in Other Family Member 2 0 000000 2
Education and Training gration of children in the care or detention A sub-group was established to look at the systems. education and training objectives of the youth The group finalised its report and it was sent homelessness strategy. Membership of the group to the relevant Government Departments, the included representatives of the statutory and vol- National Education Welfare Board and the untary education and health sectors. It was Health Service Executive on 21 June 2005. agreed that there was a need to look at a broad Information and Advocacy understanding of the homelessness process to A sub-group was established to examine infor- understand the potential impact of education and mation and advocacy in the context of the youth training elements as part of the solution for young homelessness strategy, with a particular focus on people who are homeless. Consideration was making relevant information more accessible to given to: (i) the preventive aspect of educational young homeless people or young people at risk of and training interventions; (ii) processes to becoming homeless. The group finalised its report ensure that education-training elements form part and it was sent to my Department, the Health of the ongoing support of children and young Service Executive and Comhairle on 21 people who are homeless; and (iii) the role of November 2005. Since the publication of the youth home- education-training in the prevention-reinte- lessness strategy, significant progress has been 1339 Questions— 31 January 2006. Written Answers 1340
[Mr. B. Lenihan.] Drugs Payment Scheme. made, including: approximately \12 million has 165. Mr. Noonan asked the Ta´naiste and Mini- been allocated by the Department of Health and ster for Health and Children if her attention has Children to the former health boards for the been drawn to the fact that enteric coated ster- development of youth homelessness services oids used for a variety of medical conditions are since 2001; 195 new whole-time equivalent posts not available on the medical card scheme; her have been filled across the Health Service Execu- views on whether it is costly and that, as a result, tive, up to 31 December 2004. Although these many general practitioners prescribe an alterna- posts impact on youth homelessness services, they tive steroid which needs to be prescribed with are not all exclusively dedicated to youth home- another drug to protect the patient from potential lessness services; 11 new units have opened side affects of the alternative steroid; and if she nationwide; and over 42 new-extended services, will make a statement on the matter. [3069/06] including aftercare, have been developed around the country. Ta´naiste and Minister for Health and Children The Health Service Executive is responsible for (Ms Harney): There is a common list of reimburs- the management and delivery of health and per- able medicines for the general medical services sonal social services. In recent years many and drug payment schemes, which is reviewed services have been developed to counter the and amended monthly as new products become problem of youth homelessness in the Dublin available and deletions are notified. The product region. The Crisis Intervention Service for young referred to by the Deputy has not been deleted people out of home is based in the city centre and from the list. includes an outreach service, emergency out of An agreement is in place between the Depart- hours social work service, reception centre, resi- ment of Health and Children, the Irish Pharma- dential units and a day centre. A director for ceutical Healthcare Association, IPHA, and the homelessness was appointed in the former Association of Pharmaceutical Manufacturers of Eastern Regional Health Authority, Health Ireland, APMI, which sets out the supply terms Service Executive Eastern area, in 2000. I am and prices of medicines supplied to the health advised that this is now the role of the national services. The agreement covers all reimbursable care group manager social inclusion since the prescription medicines in the general medical establishment of the Health Service Executive. services and community drug schemes, and all In Cork, Liberty Street House became fully medicines supplied to hospitals and the Health operational in 2003, and acts as a focal point for Service Executive. A price freeze is in place in youth homelessness services in Cork. The centre regard to prices charged for products supplied provides a variety of services — social work, under the terms of the agreement. medical, financial — for young people out of The original manufacturers of the product home or in danger of becoming homeless. referred to by the Deputy divested ownership of Services for homeless children are also pro- the product to another company which sub- vided by the other Health Service Executive sequently increased the price of the product with- areas and generally these are provided as part of out prior consultation with my Department and the child protection and welfare services. The in breach of the above agreement. services provided include units for young people Negotiations are currently taking place with out of home supported lodgings, and the pro- the company concerned with a view to reaching vision of out-reach, leaving and after care a satisfactory conclusion. In the meantime, services. people with a medical card who are experiencing financial difficulty in obtaining this medicine should contact the local area of the Health Service Executive. Hospital Staff. 164. Mr. McGinley asked the Ta´naiste and Health Services. Minister for Health and Children if her proposals 166. Mr. O’Dowd asked the Ta´naiste and Mini- for the new consultants’ contract will be pub- ster for Health and Children the reason there is lished; and if she will make a statement on the still no out of hours emergency general prac- matter. [3051/06] titioner co-op for the north side of Dublin six months after the tendering for this service was Ta´naiste and Minister for Health and Children announced; and if she will make a statement on (Ms Harney): It is my intention that all members the matter. [3074/06] of the public should be aware of management’s proposals regarding the new contract. This will Ta´naiste and Minister for Health and Children help to ensure that the public understands the (Ms Harney): The Deputy’s question relates to rationale behind these proposals and the positive the management and delivery of health and per- outcomes that will result from their implemen- sonal social services, which are the responsibility tation. To this end the HSE has provided this of the Health Service Executive under the Health information to media outlets. Act 2004. Accordingly, my Department has 1341 Questions— 31 January 2006. Written Answers 1342 requested the parliamentary affairs division of 228. Mr. Deenihan asked the Ta´naiste and the executive to arrange to have this matter inves- Minister for Health and Children if a request will tigated and to have a reply issued directly to the be made to the Health Service Executive to Deputy. appoint a full time cardiologist at Kerry General Hospital in view of the fact that County Kerry 167. Mr. P. McGrath asked the Ta´naiste and has the highest incidence of cardiac related ill- Minister for Health and Children the number of nesses here; and if she will make a statement on patients who have been discharged from acute the matter. [3055/06] hospitals to intermediate care beds under the ten point plan to deal with the accident and emer- Minister of State at the Department of Health gency crisis; the average length of stay for these and Children (Mr. S. Power): I propose to take patients; the location where the intermediate care Questions Nos. 169 and 228 together. was provided; and if she will make a statement In April 2004 funding of \500,000 was allocated on the matter. [3066/06] to the Southern Health Board under the cardio- vascular health strategy. The funding enabled the Ta´naiste and Minister for Health and Children board to establish a consultant-led cardiology (Ms Harney): The Deputy’s question relates to service for patients in Kerry for the first time. A the management and delivery of health and per- consultant cardiologist was appointed in March sonal social services, which are the responsibility 2005 by way of a sessional partnership between of the Health Service Executive under the Health Bon Secours Hospital Tralee and Kerry General Act 2004. Accordingly, my Department has Hospital. This consultant has resigned from his requested the parliamentary affairs division of post, as of 1 June 2006. This appointment has the executive to arrange to have this matter inves- been recently re-advertised by the Bons Secour tigated and to have a reply issued directly to the Group. An application for a full time consultant Deputy. cardiologist for Kerry General Hospital has been with the NHO since May 2005. The HSE South- Services for People with Disabilities. ern Area are awaiting approval and confirmation of funding to proceed with the appointment. The 168. Mr. McCormack asked the Ta´naiste and provision of additional consultant posts will pro- Minister for Health and Children the protocols ceed within the context of the restructuring of the for care of vulnerable persons (details supplied) acute hospital services and the negotiation of a that are in place for professionals working in the new contract for hospital consultants. community; and if she will make a statement on the matter. [3063/06] Nursing Home Subventions. Minister of State at the Department of Health 170. Mr. G. Mitchell asked the Ta´naiste and and Children (Mr. T. O’Malley): All health Minister for Health and Children if her attention service providers are required to adhere to the has been drawn to the large variation in subven- necessary legislative requirements which are cur- tion payments in different Health Service Execu- rently in place with regard to safe environments. tive regions; if she expects this to continue; her As a further protection, it is my Department’s plans to regularise these payments; and if she will intention to put in place a statutory inspection make a statement on the matter. [3059/06] provision in relation to services for people with disabilities. Minister of State at the Department of Health This measure, together with the draft national and Children (Mr. S. Power): The Deputy’s ques- standards for disability services which have been tion relates to the management and delivery of developed by my Department, in partnership health and personal social services, which are the with the National Disability Authority, will responsibility of the Health Service Executive provide a quality framework for the protection under the Health Act 2004. Accordingly, the and promotion of the rights of service users and Department has requested the parliamentary staff to safety and dignity. affairs division of the executive to arrange to have A critical element in this process is the expan- this matter investigated and to have a reply issued sion of the remit of the social services inspector- directly to the Deputy. ate as part of the establishment of the Health There are currently three rates of subvention \ \ \ Information and Quality Authority both of which payable, that is, 114.30, 152.40 and 190.50 for are being dealt with in the Health Bill 2006. the three levels of dependency which are medium, high and maximum. Included in these payments is an increase of 25% which came into Hospital Staff. effect in April 2001. 169. Mr. Ferris asked the Ta´naiste and Minister The HSE has discretion to pay more than the for Health and Children when she expects Kerry maximum rate of subvention relative to an indi- General Hospital to receive the full-time consult- vidual’s level of dependency in a case, for ant cardiologist it has long been promised. example, where personal funds are exhausted. [2993/06] The average rate of subvention paid by the HSE 1343 Questions— 31 January 2006. Written Answers 1344
[Mr. S. Power.] provision of services while employers continue generally exceeds the current approved basic the recruitment process to fill vacancies. It should rates. The application of the subvention scheme be noted that in addition to covering vacancies, is a matter for the HSE in the context of meeting agency nurses are also used to ’special’ — one to increasing demands for subvention, subject to the one nursing — patients and clients and to cover provisions of the Health Act 2004. An additional for permanent nursing staff availing of various \20 million has been provided for subvention leave entitlements. The HSE is currently finalis- payments this year including addressing the vari- ing the compilation of data on the full cost of ations in payments in different areas. agency nursing and overtime in 2005. The latest The broad policy questions relating to long- available data from the HSE is that up November term care have been examined by an inter- 2005 the estimated cost of agency nursing was departmental group on long-term care which has \45.65 million and nursing overtime \44.57 now reported to Government. Among the issues million. it has examined is the question of the appropriate I am not sure of the Deputy’s source of data level of State support for long-term residential relating to numbers of Irish trained nurses leaving care, which includes the issue raised by the the country each year. It is my understanding that Deputy of regional variations in costs of care. The to suggest 1,500 nurses leave to work abroad is a Government is now considering this report. gross over estimation of the true figure. Irish nurses and midwives who wish to work abroad Hospital Staff. are required by the authorities in the host country 171. Mr. Wall asked the Ta´naiste and Minister to obtain a verification of their nursing regis- for Health and Children her views on the 1,100 tration from An Bord Altranais. Figures supplied nursing vacancies in hospitals and health care by An Bord Altranais show that 689 Irish nurses facilities here; the figures on the costs involved in received verifications to work abroad in 2005. filling these vacancies day to day by agency staff That an Irish nursing qualification is welcomed and staff nurses working overtime; the steps she abroad is an attraction for some young people intends to take to combat the fact that 1,500 Irish considering their career options. The data from trained nurses leave here every year; and if she An Bord Altranais shows that Australia is the will make a statement on the matter. [3037/06] most popular destination for Irish nurses. However, it should be noted that Australia is a Ta´naiste and Minister for Health and Children very popular destination for Irish people gener- (Ms Harney): According to the most recent ally in their 20s and 30s. It is my understanding Health Service Executive-Employers Agency sur- that many of the Irish nurses who work abroad vey of nursing resources, recruitment remains return to Ireland each year having gained valu- ahead of resignations and retirements. Employers able experience in overseas health systems. reported that 1,131 vacancies existed at 30 September 2005 — an increase of 13 compared to the previous quarter. This gives a vacancy rate of Medical Inquiries. 3.24%. The vacancy figures should be seen in the 172. Ms Shortall asked the Ta´naiste and Mini- context of overall employment which now stands ster for Health and Children, in view of the report at 34,878 whole time equivalent nurses and mid- by a person into the death of a person (details wives, 41,655 individuals, a 36% increase since supplied) in Leas Cross Nursing Home, the 1997. recommendations which will be followed; the There will always be some level of movement lessons which have been learned; the steps she is due to resignations, retirements and nurses avai- taking to ensure that the recommendations will ling of opportunities to change employment and be followed; and if she will make a statement on locations. There is an additional pressure this the matter. [3048/06] year due to the lack of domestic nursing gradu- ates in autumn 2005 because of the move from a Minister of State at the Department of Health three year diploma to a four year degree prog- and Children (Mr. T. O’Malley): As the Deputy ramme to train nurses. The HSE’s nursing and may be aware, following the publication of the midwifery recruitment and retention national project is monitoring the situation on an ongoing Hynes report, the Health Service Executive com- basis. During 2005 the HSE has conducted a suc- menced a review into the deaths of residents of cessful recruitment drive in India and the Leas Cross. This review is being carried out by Philippines. The HSE is also targeting inactive Professor Des O’Neill, Professor of Geriatric nurses for recruitment through an extensive Medicine, Tallaght Hospital. advertising campaign. The financial arrangements I understand from the HSE that Professor for those undertaking back to nursing courses O’Neill is to finalise his report within the coming were improved last year. weeks and that once the report is finalised, appro- A combination of agency nurses and overtime priate steps will be taken by the HSE to ensure working provides an additional input of nursing that all of the recommendations arising will be resources to cope with difficulties arising in the considered and will inform best practice. 1345 Questions— 31 January 2006. Written Answers 1346
Hospital Staff. cedure reflects a global scientific standard, adopted across all scientific disciplines. The peer 173. Caoimhghı´nO´ Caola´in asked the Ta´naiste review process provides both a rigorous eval- and Minister for Health and Children if she will uation on the procedures used in research and the report on progress in the negotiations on the new conclusions drawn, as well as ensuring reproduc- contract for hospital consultants; and if she will ibility of results. All decisions taken by the expert make a statement on the matter. [2985/06] body are thus informed by the best available and most reliable scientific evidence. This approach is 184. Mr. Eamon Ryan asked the Ta´naiste and consistent with the methods used by the Forum Minister for Health and Children when nego- on Fluoridation, 2002. tiations will be completed for a new consultants’ contract; when she last met representatives of the The United States’ National Library of Medi- consultants to discuss this matter; and if she will cine provides the international gold standard for make a statement on the matter. [3092/06] all scientific publications. For inclusion in this database, which currently contains more than 10 Ta´naiste and Minister for Health and Children million articles, a journal must adhere to the stan- (Ms Harney): I propose to take Questions Nos. dard scientific principle of independent peer- 173 and 184 together. review. The Journal of American Physicians and Management met the Irish Medical Organis- Surgeons is not included in this database. ation and the Irish Hospital Consultants Associ- The expert body has advised the Department ation on 24 November 2005, 7 December 2005 that the article referred to by the Deputy does and 26 January 2006. At the latter meeting, man- not fulfil the criteria for review as set out in the agement presented its proposals on a new con- foregoing paragraphs. sultants’ contract. I hope negotiations will pro- ceed as expeditiously as possible within the Abuse Inquiry. coming months. 176. Ms Burton asked the Ta´naiste and Mini- ster for Health and Children when the proposed Question No. 174 answered with Question review into the inquiry process into alleged abuse No. 136. at Brothers of Charity in Kilcornan, County Galway will be completed; the steps being taken Water Fluoridation. to review this inquiry process; and when the 175. Mr. Perry asked the Ta´naiste and Minister report will be published. [3020/06] for Health and Children if her Department has referred an article published in the Journal of Minister of State at the Department of Health American Physicians and Surgeons (details and Children (Mr. T. O’Malley): I understand supplied) to the Irish Expert Body on Fluorides; from the Health Service Executive that, following if the Irish Expert Body of Fluorides has received a review of the inquiry process, a number of this article; and if she will make a statement on actions are being taken to expedite the report. the matter. [3096/06] I further understand that additional supports have been provided to the chairperson with a Ta´naiste and Minister for Health and Children view to assisting her in completing a report at the (Ms Harney): The Department of Health and earliest possible time. The HSE has further Children referred the article referred to by the advised me that the chairperson of the inquiry has Deputy to the Irish Expert Body on Fluorides indicated that the report is due to be completed and Health in November last. The Irish Expert by September 2006. The publication of the report Body on Fluorides and Health was established to would be a matter for the Health Service oversee the implementation of the recom- Executive. mendations of the Forum on Fluoridation and to advise the Minister for Health and Children on Question No. 177 answered with Question new and emerging issues including any new No. 153. research. The expert body has advised the Department Medical Cards. that the article in question was tabled at the expert body’s plenary meeting on 30 November 178. Mr. S. Ryan asked the Ta´naiste and Mini- 2005. ster for Health and Children the number of From its inception, the expert body applies the people covered by medical cards in 1997; the fundamental scientific tenet that any single piece costs of providing medical cards to that number of scientific evidence by itself remains hypotheti- of people today; the costs of providing medical cal unless it can be repeated or confirmed by cards to all children under five; the costs of pro- other scientists. Therefore, any such evidence viding medical cards to all under fives added to must be submitted to examination by other scien- the numbers at 1997 level of population com- tists, usually by publication in recognised scien- bined; the cost analysis including and excluding tific journals after the submission has been the number of over 70s; the cost of providing approved by independent referees. This pro- medical cards to the population on the basis of 1347 Questions— 31 January 2006. Written Answers 1348
[Mr. S. Ryan.] of the Health Service Executive under the Health median income, including and excluding people Act 2004. Accordingly, my Department has entitled to over 70s card. [3039/06] requested the parliamentary affairs division of the executive to have this matter investigated and Ta´naiste and Minister for Health and Children to have a reply issued directly to the Deputy. (Ms Harney): Based on information supplied by Given the \9 million additional investment I have the Health Service Executive, HSE, the number made available to the executive for cancer care in of persons covered for services under the general 2006, I expect that cancer services will be further medical services, GMS, scheme in 1997 was developed at Beaumont Hospital during 2006. 1,292,852. The cost of providing general prac- titioner services and drugs and medicines to a Children in Care. population of this scale under the GMS scheme in 2006 is estimated to be in the region of \1.7 180. Mr. Boyle asked the Ta´naiste and Minister billion. This figure is based on the HSE’s estimate for Health and Children if she intends to intro- of the cost of providing these services to medical duce new support services to address the reasons card holders in 2006 and assumes the same GMS behind the latest figures on the number of chil- population profile as exists at present. It should dren in care here. [37126/05] also be noted that the estimate does not take into account the costs of other health services pro- Minister of State at the Department of Health vided free of charge to holders of medical cards. and Children (Mr. B. Lenihan): The number of The following estimates are based on the capit- children in care in 2003, which is the most recent ation rates payable in 2004 to general prac- year for which data is available, was 4,984. This titioners, the cost of drugs and medicines and fees compares with a total of 2,885 children in 1990. paid to pharmacists and include an estimate in At the outset it is important to recognise that respect of payments which would be made to there has been a significant change in the type of GMS GPs for practice support and other allow- care provision provided for these children, with a ances. No allowance has been made in these fig- significant increase in the numbers of children in ures for rate changes which might result from the foster care and a decrease in the numbers in resi- June 2005 recommendations of the Labour dential care. There has also been a marked Relations Commission or any additional costs increase in the numbers of children in relative which might result from future contractual nego- foster care. The number of children in relative tiations. foster care has increased from 39 children in 1990 The estimated additional cost of providing to 1,237 in 2003. General foster care accounted medical cards to all those aged under five years for 2,084 children in 1990 but has risen to 2,718 not currently covered by this benefit would be in in 2003. The number of children in residential the region of \66 million. care has declined to 441 children in 2003 com- In relation to the population cohort of persons pared to 756 in 1990. This shift of care provision aged 70 years and over, I understand that the from residential to fostering and particularly fos- Deputy is inquiring about the cost of providing tering with relatives is an intentional and posi- services under the GMS scheme. GMS GPs are tive direction. in receipt of enhanced capitation rates for 116,210 There are many factors which lead to a child persons in this age category at an estimated cost entering the care system ranging from respite \ of 239 million. Standard capitation rates are paid breaks on a voluntary basis due to the ill health in respect of 211,228 persons who held medical of parent or carer to severe cases of sexual abuse cards prior to reaching 70 years of age at an esti- or neglect. Family support services may not \ mated cost of 323 million. always, therefore, be a sufficient response to pro- tect the welfare of some children, for example, Hospital Services. where there are chronic addiction problems, 179. Mr. S. Ryan asked the Ta´naiste and Mini- serious criminality, violence in the family, a pre- ster for Health and Children her views on reports vious history of physical or sexual abuse. that money for cancer care at Beaumont Hospital The past 15 years has witnessed an increasing was used to make up for funding shortfalls in awareness of child abuse as a phenomenon in other services; her further views on whether this Irish society as evidenced by a number of high money was urgently needed for cancer services profile inquiries. The findings and recom- and expansion; if her attention has been drawn to mendations emanating from these inquiries have similar issues in other hospitals here; the steps she informed and shaped current child protection plans to take to address same; and if she will policy and procedures and the legislative and make a statement on the matter. [3046/06] statutory basis for dealing with children at risk has been strengthened. With increased societal Ta´naiste and Minister for Health and Children awareness of child abuse accompanied by a better (Ms Harney): The Deputy’s question relates to recognition of abuse and higher professional stan- the management and delivery of health and per- dards there has been a related increase in child sonal social services, which are the responsibility protection referrals and reports. 1349 Questions— 31 January 2006. Written Answers 1350
The upward trend in the number of children in An additional \8 million has been included in care is not solely an Irish phenomenon. A report the HSE vote in 2006 to facilitate the further commissioned by the HSE in 2004, Child Care development of child protection and family sup- and Family Support Services: International Com- port services by the HSE, in particular early inter- parisons, found that rates for children in care in vention and preventative services and to allow for Ireland are lower than in many comparator juris- the implementation of further provisions of the dictions such as Northern Ireland, Wales and Children Act 2001. Scotland. The majority of children are in care as a result Hospital Services. of a care order. Children entering the care system 181. Dr. Cowley asked the Ta´naiste and Mini- via the child protection and legal system are sub- ster for Health and Children when a urology jected to a multi-disciplinary process that has a department will be established at Mayo General clear assessment and threshold. Judicial decision Hospital in view of the fact that there is currently to grant an order is impartial, based on an a seven year waiting list in Mayo for a urology informed analysis of fact and all salient issues as appointment; and if she will make a statement on to what is in the best interests of the child. While the matter. [3002/06] the HSE endeavours to sustain a child within its family of origin wherever possible, the welfare of Ta´naiste and Minister for Health and Children the child is of paramount importance. (Ms Harney): The Deputy’s question relates to The dominant focus in child care services since the management and delivery of health and per- the early 1990’s has been on the protection and sonal social services, which are the responsibility care of children who are at risk. More recently, of the Health Service Executive under the Health the policy focus has shifted to a more preventive Act 2004. Accordingly, my Department has approach to child welfare, involving support to requested the parliamentary affairs division of families and individual children, aimed at avoid- the executive to arrange to have this matter inves- ing the need for further more serious inter- tigated and to have a reply issued directly to the ventions later on. Deputy. The HSE directly provides or funds a range of diversified targeted parenting interventions Health Service Staff. throughout the country. Access to these services is often by referral from a statutory or voluntary 182. Mr. Kenny asked the Ta´naiste and Mini- service and participants are likely to be known to ster for Health and Children the salaries, bonuses child and family services. Family support prog- and expenses paid in 2005 to the directors of the rammes are provided by services such as the com- different units set up under the Health Service munity mothers, family support workers, teen Executive; and if she will make a statement on parents support projects and Springboard pro- the matter. [3077/06] jects, and encompass specific interventions such as the Parents Plus programme, the Family First Ta´naiste and Minister for Health and Children parenting initiative as well as a range of general (Ms Harney): The Deputy’s question relates to parenting programmes and supports. the management of the Health Service Executive In recognition of the importance of family sup- under the Health Act 2004. Accordingly, my port services my Department established a review Department has requested the parliamentary of family support services in 2003. This review affairs division of the executive to arrange to have will inform the planning process and ensure the this matter investigated and to have a reply issued balanced future development of services pro- directly to the Deputy. vision. A steering group which included Depart- ment of Health and Children officials and nomi- Hospital Accommodation. nees of the former health board Chief Executive 183. Mr. Kehoe asked the Ta´naiste and Mini- Officers Group was appointed to manage the ster for Health and Children the number of public review. A consultative forum, representative of home stay beds which have been opened in the the major stakeholders in family support, both Dublin area since October 2004; and if she will voluntary and statutory, was appointed to support make a statement on the matter. [3065/06] and advise the steering group. The family support strategy is the final strand Ta´naiste and Minister for Health and Children of this extensive review. The strategy is a blue- (Ms Harney): The Deputy’s question relates to print for the future development and delivery of the management and delivery of health and per- family support initiatives. The strategy sets out a sonal social services, which are the responsibility commitment to expanding family support services of the Health Service Executive under the Health and refocusing child welfare budgets and services Act 2004. Accordingly, the Department has in order to provide a more appropriate balance requested the parliamentary affairs division of between safeguarding and supportive prog- the executive to arrange to have this matter inves- rammes. It is anticipated that the strategy will be tigated and to have a reply issued directly to the completed and published in early 2006. Deputy. 1351 Questions— 31 January 2006. Written Answers 1352
Question No. 184 answered with Question ancies issue. The chairman recommended that No. 173. both sides meet, outside of the LRC, to ascertain the exact number of vacancies. Both sides will Health Services. then return to the LRC for a further hearing. 185. Mr. Costello asked the Ta´naiste and Mini- 186. Mr. Connolly asked the Ta´naiste and ster for Health and Children her views on reports from the Irish Medical Organisation that up to Minister for Health and Children the contingency 27,000 children are losing out on vital checks for plans she has in place to respond to a major emer- potentially serious medical conditions due to a gency in the general Monaghan area in view of shortage of public health doctors; and if she will the continuing surgical off-call status of make a statement on the matter. [3023/06] Monaghan General Hospital and the consequent restrictions imposed on the hospital services; and Ta´naiste and Minister for Health and Children if she will make a statement on the matter. (Ms Harney): The 2003 public health doctors [2754/06] agreement was negotiated between my Depart- ment, the Health Service Executive, HSE, and Ta´naiste and Minister for Health and Children the Irish Medical Organisation, IMO, the rep- (Ms Harney): The Deputy’s question relates to resentative body of public health doctors. This the management and delivery of health and per- agreement allowed for 60 posts of director of sonal social services, which are the responsibility public health medicine, DPH, specialist in public of the Health Service Executive under the Health health medicine, SPHM, 30 posts of specialist Act 2004. Accordingly, my Department has registrars, SpR, 94 senior medical officer, SMO, requested the executive to arrange to have this posts and a maximum of 86 area medical officer, matter investigated and to have a reply issued AMO, posts. It was agreed that no further AMOs directly to the Deputy. would be recruited. A joint implementation group, JIG, comprising Food Safety. representatives of the Department of Health and 187. Dr. Upton asked the Ta´naiste and Mini- Children, the HSE and the IMO, was established ster for Health and Children her views on the in 2003 to oversee the implementation of this conditions and requirements set down for country agreement. Since then this group has overseen markets with regard to food safety; the way in competitions to fill specialist registrars, principal which these compare with conditions in other medical officers and senior medical officer posts. European countries; and if she will make a state- More than \13 million was provided in 2003 for ment on the matter. [38379/05] the implementation of the agreement and while most of this funding was issued on a once-off basis in respect of retrospection, the ongoing Minister of State at the Department of Health costs of this agreement will be more than \7 mil- and Children (Mr. S. Power): Food safety legis- lion per year. lation in Ireland derives in the main from our The competitions that were organised to fill all membership of the European Union and in this senior medical officer vacancies failed to yield a regard on 1 January 2006, new European food sufficient number of suitably qualified candidates. and feed hygiene legislation came into effect. The While my Department has no direct role to play hygiene package is a legislative package which in filling these posts it has suggested, through the merges, harmonises and simplifies detailed and joint implementation group, that the remaining complex hygiene requirements previously con- vacancies in this grade should be advertised both tained in a number of Council directives and nationally and internationally. The IMO, creates a single transparent hygiene policy which however, is opposed to this suggestion and wants is applicable to all food operators. The principal the HSE to fill these vacancies through confined objective of the new general and specific hygiene competition. rules is to ensure a high level of consumer protec- Currently, there is a total of 18 vacancies for tion with regard to food safety. To this end an public health doctors throughout the country. Of integrated approach is necessary to ensure food these, there are 15 vacancies for specialists in safety from the place of primary production up to public health medicine in various HSE areas. I and including placing on the market or export. have been informed by the Public Appointments The hygiene package is applicable to and bind- Service that it is currently in the process of organ- ing in its entirety on all members states and thus ising competitions to fill these high level posts to food business operators in all member states must be held within the next six to eight weeks. Inter- comply with its requirements. While the same views for the two principal medical officer vac- rules must be complied with across the EU, it is ancies are to be held in February and post-inter- a matter for each member state to determine the view selection is in progress for one senior particular enforcement provisions and penalties medical officer post. within its jurisdiction. My Department is finalis- On 16 January, management attended an LRC ing a statutory instrument which will include the hearing, initiated by the IMO, to discuss the vac- necessary enforcement provisions to enable auth- 1353 Questions— 31 January 2006. Written Answers 1354 orised officers to react to and deal with situations receive an apology; and if she will make a state- posing a food safety risk. ment on the matter. [3091/06] The hygiene package sets out specific require- ments for food stalls, mobile food vans and other Ta´naiste and Minister for Health and Children temporary and mobile food businesses such as (Ms Harney): I presume the Deputy is referring those operating at markets. Requirements relate to comments I recently made in respect of to the site, construction and condition of the reported work practices, as distinct from the work premises, along with the need to make provision ethic, of some nursing staff in Limerick Regional for facilities for hand-washing, cleaning, appro- Hospital. My comments at the time reflected my priate food contact surfaces, hygienic storage of concerns about cases in the health service where food, temperature control and waste disposal. staff are paid for hours they have not worked. We While the primary responsibility for food safety now have a single employer in the HSE and it rests with food business operators, it is a matter does not make sense that there can be different for the Food Safety Authority of Ireland, FSAI, practices and arrangements among employees as competent authority for the enforcement of doing similar work. I understand that the HSE is food safety legislation, to ensure compliance with dealing with the issue and that the matter has the relevant legislation. The authority carries out been referred to the Labour Relations its enforcement functions through service con- Commission. tracts with official agencies. Country markets are therefore subject to inspection by the FSAI’s Hospital Services. official agencies, for example, environmental 190. Mr. Morgan asked the Ta´naiste and Mini- health officers from the Health Service ster for Health and Children when Louth County Executive. Hospital will receive the promised CT scanner; To ensure that the stalls operating at such and when breast surgery services will be markets meet the highest food safety and hygiene restored. [2990/06] standards, the FSAI have prepared a guidance note on food stalls in association with environ- Ta´naiste and Minister for Health and Children mental health officers and Irish food market trad- (Ms Harney): The Deputy’s question relates to ers. I am satisfied that these legislative require- the management and delivery of health and per- ments are sufficient to ensure that food safety is sonal social services, which are the responsibility not compromised and that public health is of the Health Service Executive under the Health protected. Act 2004. This includes responsibility for the pro- vision of services at Louth County Hospital. Hospital Services. Accordingly, my Department has requested the 188. Mr. Naughten asked the Ta´naiste and executive to arrange to have these matters inves- Minister for Health and Children if she has satis- tigated and to have a reply issued directly to the fied herself that Health Service Executive fund- Deputy. ing to Peamount Hospital is sufficient and that beds at Peamount Hospital are fully utilised; if Care of the Elderly. she has further satisfied herself that Peamount 191. Mr. English asked the Ta´naiste and Mini- Hospital’s association with Tallaght Hospital is ster for Health and Children, further to Question being used appropriately to reduce accident and No. 99 of 18 October 2005, if she has received emergency overcrowding at Tallaght; and if she the report of the working group chaired by the will make a statement on the matter. [3072/06] Department of the Taoiseach; if this report will be published in view of the fact that this Ta´naiste and Minister for Health and Children important issue is central to the care of the eld- (Ms Harney): The Deputy’s question relates to erly going into the future; and if she will make a the management and delivery of health and per- statement on the matter. [3082/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Minister of State at the Department of Health Act 2004. Accordingly, my Department has and Children (Mr. S. Power): The report of the requested the parliamentary affairs division of working group on the future financing of long- the executive to arrange to have this matter inves- term care has been presented to Government. tigated and to have a reply issued directly to the The Government will now decide on its pub- Deputy. lication.
Health Service Staff. Hospital Staff. 189. Mr. Gogarty asked the Ta´naiste and Mini- 192. Mr. Hayes asked the Ta´naiste and Mini- ster for Health and Children her views on ster for Health and Children if her attention has whether a statement she made in on the work been drawn to the private fees earned by consult- ethic of nurses in Limerick Hospital may have ants in different specialties and in different been incorrect; if the nurses in question will regions here; her views on whether this will 1355 Questions— 31 January 2006. Written Answers 1356
[Mr. Hayes.] on or after the 1 January 1998 was accordingly impact on her plans to renegotiate the consult- removed. ants’ contract; and if she will make a statement on the matter. [3099/06] Cancer Screening Programme.
Ta´naiste and Minister for Health and Children 195. Mr. Crawford asked the Ta´naiste and (Ms Harney): I am aware of the potential that Minister for Health and Children her views on exists for some consultants to earn substantial the campaign by the Irish Cancer Society for the amounts of money through private work. This has provision of free cervical screening for women been taken into account by the management team aged 25 and over; and if she will make a state- when producing its proposals for a new consult- ment on the matter. [3008/06] ants’ contract. It is accepted that a new contract would need to include strong incentives to attract 212. Mr. Broughan asked the Ta´naiste and consultants to public-only work. For this reason, Minister for Health and Children her views on management has proposed that the new contract the fact that despite Ireland having one of the should include a performance related awards highest rates of cervical cancer in Europe that scheme, a heightened management role for con- there is no national screening programme; her sultants and greater opportunities for consultants plans for a free nationwide cervical cancer screen- in education and research. ing programme; and if she will make a statement on the matter. [3021/06] Hospital Services. 245. Mr. Crawford asked the Ta´naiste and 193. Mr. McEntee asked the Ta´naiste and Minister for Health and Children when the Irish Minister for Health and Children if, in view of the cervical screening programme will be rolled out recent resignation of an accident and emergency nationally; and if she will make a statement on consultant at Tralee General Hospital due to the the matter. [3009/06] apparent lack of appropriate number and experi- enced accident and emergency junior hospital Ta´naiste and Minister for Health and Children staff, her attention has been drawn to other acci- (Ms Harney): I propose to take Questions Nos. dent and emergency departments experiencing 195, 212 and 245 together. similar difficulties; and if she will make a state- Incidence and mortality rates for cervical can- ment on the matter. [3080/06] cer in Ireland are in the mid-range of rates observed across Europe. Data supplied by the Ta´naiste and Minister for Health and Children national cancer registry for the period 1994 to (Ms Harney): The Deputy’s question relates to 2002 shows that the average annual incidence of the management and delivery of health and per- cervical cancer in this country was 170 and the sonal social services, which are the responsibility average annual number of deaths from the dis- of the Health Service Executive under the Health ease was 80. Act 2004. Accordingly, my Department has I am committed to the national roll-out of the requested the parliamentary affairs division of cervical screening programme in line with inter- the executive to arrange to have this matter inves- national best practice. An international expert tigated and to have a reply issued directly to the examined the feasibility and implications of a Deputy. My attention has not been drawn to a national roll out of a cervical screening prog- widespread problem in staffing accident and ramme. The examination included an evaluation emergency departments. of the current pilot programme, quality assur- ance, laboratory capacity and the establishment Hospital Staff. of national governance arrangements. Following the publication of this report my Department 194. Mr. Deasy asked the Ta´naiste and Mini- undertook a consultative process with relevant ster for Health and Children the reason public- professional and advocacy stakeholders. The con- only contracts were refused to serving consultants sultative process is completed and there is con- in 1997 by the then Minister for Health and Chil- siderable support for the programme roll-out and dren; and if she will make a statement on the the need for improved organisation, quality assur- matter. [3101/06] ance and governance arrangements to support a national roll-out. Ta´naiste and Minister for Health and Children I made available an additional \9 million to the (Ms Harney): I take it the Deputy is referring to Health Service Executive for cancer services the geographical whole-time without fees con- development in 2006, including the continuation tract, which was introduced in 1991. I have been of preparations for a national programme. The informed that the parties to the 1997 consultants’ service plan of the executive provides for such contract negotiations were in agreement that the preparation which, I understand, will involve problems associated with the operation of this improvements in quality assurance, new tech- particular contract outweighed its advantages. nology, training, and the creation of a national The option of a consultant taking such a contract population register. I will meet the Irish Cancer 1357 Questions— 31 January 2006. Written Answers 1358
Society tomorrow to discuss, inter alia, a national dition for the treatment of that condition. The cervical screening programme. LTI does not cover general practitioner fees or hospital co-payments. The conditions are mental National Cancer Strategy. handicap, mental illness for people under 16 only, phenylketonuria, cystic fibrosis, spina bifida, 196. Mr. Naughten asked the Ta´naiste and hydrocephalus, diabetes mellitus, diabetes Minister for Health and Children when the new insipidus, haemophilia, cerebral palsy, epilepsy, cancer strategy will be published; and if she will multiple sclerosis, muscular dystrophies, parkin- make a statement on the matter. [3071/06] sonism, conditions arising from thalidomide and acute leukaemia. 290. Mr. Naughten asked the Ta´naiste and From 1971 onwards people who cannot, with- Minister for Health and Children the expected out undue hardship, arrange for the provision of date for the publication of the national cancer medical services for themselves and their depend- strategy; and if she will make a statement on the ants may be entitled to a medical card. In matter. [2898/06] November 2004, the Government provided fund- ing for an additional 30,000 medical cards, and for Ta´naiste and Minister for Health and Children 200,000 new GP visit cards, which allow holders (Ms Harney): I propose to take Questions Nos. to receive general practitioner services free of 196 and 290 together. charge. In June last year, I simplified the means The chairman of the national cancer forum test for both medical and GP visit cards. It is now recently submitted to me a publication, entitled based on an applicant’s and spouse’s income after A Strategy for Cancer Control in Ireland 2006. income tax and PRSI and takes account of My Department has now commenced an assess- reasonable expenses incurred in respect of rent ment of the policy and resource implications. On or mortgage payments, child care and travel to conclusion of this assessment, I will then bring the work. On 13 October 2005, I announced that the new cancer strategy to Government. I expect to income guidelines for both medical and GP visit have the strategy published in March. cards would be increased by an additional 20%. This means the income guidelines are now 29% Asthma Incidence. higher than prior to these measures. Non-medical card holders and people with con- 197. Mr. Wall asked the Ta´naiste and Minister ditions not covered under the LTI can use the for Health and Children if her attention has been drug payment scheme, DPS. Under this scheme, drawn to the fact that 12% of the population suf- no individual or family unit pays more than \85 fers from asthma and that there have been calls per calendar month towards the cost of approved for a nationwide asthma strategy that does not prescribed medicines. The scheme is user-friendly exist at present; if her attention has been drawn and significantly improves cash flow for families to the fact that asthma related admissions to and individuals for families and individuals incur- hospitals range between 6,000 and 7,000 annually; ring ongoing expenditure on medicines. In her views on the absence of asthma on the addition, medical expenses above a set threshold primary care reimbursement service’s long-term may be offset against tax. illness scheme; the actions she intends to take; The introduction of the medical card and DPS and if she will make a statement on the ensures that no individual or family is faced with matter. [3049/06] undue financial hardship as a result of expendi- ture on drugs and medicines. Consequently, there Ta´naiste and Minister for Health and Children are no plans to extend the LTI. (Ms Harney): While Ireland has experienced an increase in the incidence of asthma, I would point out to the Deputy that the incidence in Ireland is General Medical Services Scheme. similar to that in other developed countries. A 198. Mr. Quinn asked the Ta´naiste and Mini- number of initiatives have been taken in recent ster for Health and Children her views on the cost years with regard to this condition. These initiat- of drugs in the general medical scheme; if she ives include research and the co-ordination of an intends to encourage the use of prescribing gen- EU policy on asthma. While my Department has eric drugs; when the negotiations with the pharm- no plans to develop a specific asthma strategy, I aceutical industry will begin; when she expects to understand that the HSE is developing measures have an agreement; and if she will make a state- on asthma as part of its actions on chronic ment on the matter. [3041/06] illnesses. Prior to 1971, there were inadequate provisions Ta´naiste and Minister for Health and Children for people with excessive medical and medicines (Ms Harney): I have previously expressed con- expenses. In 1971 the long-term illness scheme, cern regarding the increasing cost of the state LTI, was introduced whereby the Health Service drug schemes and the need to ensure better value Executive may arrange for the supply without for money for this expenditure. All aspects of the charge of drugs, medicines and medical and surgi- drug delivery system, from the manufacturer to cal appliances to people with a specified con- the patient, are under review. A number of issues, 1359 Questions— 31 January 2006. Written Answers 1360
[Ms Harney.] Prescription Drugs. including access to generic drugs and supply chain 201. Ms O. Mitchell asked the Ta´naiste and costs such as pharmacy mark-ups, are being con- Minister for Health and Children the reason an sidered with a view to addressing the rapidly expert report launched by her Department on rising costs in medicines expenditure both by the benzodiazepine prescribing in 2002 recom- State and by private individuals. No single mended that private and medical card patients for measure will achieve this by itself. International these drugs should be monitored by her Depart- experience has shown that this is a very difficult ment via the GMS board; the further reason this task as the sophistication and range of treatments recommendation has not been implemented; and continue to increase along, quite justifiably, with if she will make a statement on the matter. increased expectations on the part of patients. [3057/06] With regard to increased use of generic medi- cines, it is my intention to give patients and, ulti- Ta´naiste and Minister for Health and Children mately, the taxpayer, as the biggest buyer of (Ms Harney): The Deputy’s question relates to drugs, better access to generic drugs where this the management and delivery of health and per- is possible and appropriate. My Department has sonal social services, which are the responsibility begun preparatory work for the introduction of of the Health Service Executive under the Health structures appropriate to the Irish drug schemes. Act 2004. Accordingly, my Department has In addition, negotiations will shortly commence requested the parliamentary affairs division of for a new national pricing and supply agreement the executive to arrange to have this matter inves- with the Irish Pharmaceutical Healthcare Associ- tigated and to have a reply issued directly to the ation, IPHA; and the Association of Pharmaceut- Deputy. ical Manufacturers of Ireland, APMI, for supply of medicines to the health services and it is Health Services. intended to address this issue within that 202. Mr. Deasy asked the Ta´naiste and Mini- agreement. ster for Health and Children if the Health Service Executive will be asked for the present geo- Question No. 199 answered with Question graphical distribution of health services; the mass- No. 133. ive regional deficits in some consultants’ special- ties that they have identified to implement their Infectious Diseases. plan to restrict patients from outside the Dublin region using hospitals in the greater Dublin 200. Ms B. Moynihan-Cronin asked the region; and if she will make a statement on the ´ Tanaiste and Minister for Health and Children matter. [3100/06] her views on the Oireachtas Joint Committee on Health and Children being told that the increase Ta´naiste and Minister for Health and Children in type 2 diabetes has reached crisis levels; if her (Ms Harney): The Deputy’s question relates to attention has been drawn to the fact that people the management and delivery of health and per- are getting the disease at a younger age and the sonal social services, which are the responsibility average delay in diagnosis has moved from seven of the Health Service Executive under the Health to 12 years; her views on the call for national scre- Act 2004. Accordingly, my Department has ening for eye problems in particular and for requested the parliamentary affairs division of implementation of care services including foot the executive to have a reply issued directly to services; and if she will make a statement on the the Deputy. matter. [3034/06] Question No. 203 answered with Question Minister of State at the Department of Health No. 136. and Children (Mr. S. Power): The national task force on obesity reported an increase in type 2 Waiting Lists. diabetes and that it is affecting people at a 204. Ms O’Sullivan asked the Ta´naiste and younger age. Additional funding of \3 million has Minister for Health and Children if she will been made available to the Health Service Execu- address the continuing waiting time for access to tive to support the implementation of the speech and language therapy and if she will make report’s recommendations. a statement on the matter. [39677/05] The issues raised by the Deputy relate to the management and delivery of health and personal Minister of State at the Department of Health social services, which are the responsibility of the and Children (Mr. T. O’Malley): The Deputy’s Health Service Executive under the Health Act question relates to the management and delivery 2004. Accordingly, my Department has requested of health and personal social services, which are the parliamentary affairs division of the executive the responsibility of the Health Service Executive to arrange to have this matter investigated and to under the Health Act 2004. Accordingly, my have a reply issued directly to the Deputy. Department has requested the parliamentary 1361 Questions— 31 January 2006. Written Answers 1362 affairs division of the executive to arrange to have Consultants will work a 39-hour commitment a reply on this issue sent directly to the Deputy. over the 24-7 period agreed and detailed in the work plan, varying by specialty and location. Hospital Services. Work plans will follow a framework developed at national level and will be agreed and reviewed 205. Mr. Morgan asked the Ta´naiste and Mini- annually by consultants, clinical managers and ster for Health and Children the terms of refer- management. ence, the cost and the deadline for conclusion of Each work plan will detail specific duties, such the consultancy report on hospital services in the as emergency commitments, operating time, ward north-east region commissioned by the Health rounds, out-patient clinics and diagnostic work, Service Executive. [2989/06] regular on-call commitments and involvement in supporting professional activities, audit and com- Ta´naiste and Minister for Health and Children petence assurance. (Ms Harney): The Deputy’s question relates to Each consultant will work as an integral part of the management and delivery of health and per- a multidisciplinary team which is led and man- sonal social services, which are the responsibility aged by a clinical director. As a member of the of the Health Service Executive under the Health team, consultants will make decisions regarding Act 2004. Accordingly, my Department has the care, treatment and discharge of patients dur- requested the parliamentary affairs division of ing the absence of a consultant colleague who has the executive to arrange to have this matter inves- lead responsibility for such patients. As a tigated and to have a reply issued directly to the member of a team, each consultant will be incen- Deputy. tivised to increase productivity through a per- formance-related awards scheme. Hospital Staff. The primary role of a clinical director will be 206. Mr. Howlin asked the Ta´naiste and Mini- to manage and plan how services are delivered. ster for Health and Children her proposals which Clinical directors will be appointed by the are being put to consultants in negotiations to employing authority, will develop and implement revise the common contract; the proposals for protocols for service delivery, will have significant public-only contracts; and if she will make a state- responsibility for how services are delivered and ment on the matter. [3030/06] will be accountable for the use of resources. Con- tracts can be constructed for certain consultants 217. Mr. McGinley asked the Ta´naiste and that will allow for a defined and measurable com- Minister for Health and Children if her proposals mitment to medical education and training and for the new consultants’ contract will include research. clinical accountability; and if she will make a statement on the matter. [3052/06] Question No. 207 answered with Question No. 133. Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. Health Services. 206 and 217 together. 208. Mr. Stagg asked the Ta´naiste and Minister The new contract will set out in detail formal for Health and Children the timescale for the employment arrangements for consultants prac- opening of the Ballymun primary care project; ticing exclusively in the public sector. Its key fea- the initial proposed budget for the project; the tures are as follows. budget spent so far and the remaining costs that Consultant-provided service is to be delivered the project faces; and if she will make a statement by teams of consultants, where the consultants on the matter. [3043/06] have a substantial and direct involvement in the diagnosis, delivery of care and overall manage- Ta´naiste and Minister for Health and Children ment of patients. As part of a consultant-pro- (Ms Harney): The Deputy’s question relates to vided service, consultants will treat all patients the management and delivery of health and per- and will be remunerated exclusively on a salaried sonal social services, which are the responsibility basis. They will not receive additional remuner- of the Health Service Executive under the Health ation for treatment delivered to insured patients. Act 2004. Accordingly, my Department has A commitment to public sector service alone will requested the parliamentary affairs division of mean that consultants will treat patients only the executive to arrange to have this matter inves- within the public hospital or public community tigated and to have a reply issued directly to the facility. Deputy. Each consultant’s commitments will be set out in an annual work plan, supported by a series of Hospital Waiting Lists. performance indicators and review mechanisms. Work plans will be in line with clinical need, the 209. Mr. Durkan asked the Ta´naiste and Mini- nature and volume of clinical workload and the ster for Health and Children the reason the prob- 24-7 nature of health services. lem of access to hospitals has not been solved 1363 Questions— 31 January 2006. Written Answers 1364
[Mr. Durkan.] ting. My Department will continue to work with with particular reference to bed availability and the HSE to ensure that patients who require the use of trolleys in lieu of beds, in view of the acute care receive that care in the most appro- fact that the problem has been evident for some priate setting. time; her proposals to reduce the daily use of trol- leys to the minimum; and if she will make a state- Hospital Staff. ment on the matter. [2979/06] 210. Mr. Ring asked the Ta´naiste and Minister for Health and Children the way in which funding Ta´naiste and Minister for Health and Children for an additional 20 new general practitioner (Ms Harney): There are increasing demands on training posts will be spent in 2006 when a recent the acute hospital system to provide more treat- advertisement for such training posts included ments and to provide more advanced and special- only two extra places than 2005; and if she will ised procedures. The capacity of the acute make a statement on the matter. [3079/06] hospital system continues to increase in response to these demands. In 2001, the average number Ta´naiste and Minister for Health and Children of in-patient beds and day places available for (Ms Harney): The Health Service Executive’s treatment of patients in public acute hospitals was vote for 2006 includes an additional \4 million to 12,145. The hospital returns for 2005 show that allow a further increase of 22 in the number of this number has risen to 13,255, an increase of general practitioner training places. This rep- 1,110 in-patient beds and day places. Some 90% resents a significant commitment to responding to of treatment places in acute hospitals are over- future general practitioner manpower needs, and night in-patient beds. To these must be added is the second of three phased increases intended approximately 1,700 acute beds in private to bring the number of training places nationally hospitals to give the full extent of acute hospital to 150. capacity in the country, which is nearly 15,000 The HSE has advised me that it is committed beds. to achieving the required expansion of general The agreed programme for Government practitioner training places and is working in col- includes a commitment to expand public hospital laboration with the Irish College of General Prac- beds in line with the health strategy commitment titioners to achieve the targeted increase in 2006. to increase total acute hospital bed capacity by 3,000 by 2011. Substantial investment in Question No. 211 answered with Question additional bed capacity in acute hospitals has No. 160. already taken place. Funding has been provided to open an additional 900 in-patient beds or day Question No. 212 answered with Question places in public acute hospitals. In addition, a No. 195. further 450 acute beds or day places are in var- ious stages of planning and development under Child Abuse. the capital investment framework 2005-09. In July 213. Mr. Rabbitte asked the Ta´naiste and Mini- 2005 I announced an initiative which will provide ster for Health and Children if her attention has up to an additional 1,000 beds for public patients been drawn to any response from the bishops fol- in public hospitals over the next five years. The lowing a letter from Minister of State, Deputy Health Service Executive has been asked to Brian Lenihan, sent in October 2005 inquiring develop an implementation plan and to prioritise into whether the recommendations from the proposals with reference to the public hospitals’ Ferns Report were being implemented; and if she requirement for additional bed capacity. will make a statement on the matter. [3045/06] The Estimates for 2006 include \60 million to open new acute hospital facilities, some of which Minister of State at the Department of Health will provide additional beds. These additional and Children (Mr. B. Lenihan): On foot of a beds or day places will go some way to achieving Government meeting on 24 October 2005, the our commitment in the programme for Govern- Minister of State with special responsibility for ment to increase total acute hospital capacity. children wrote to the Irish Bishop’s Conference My Department, in conjunction with the HSE, both individually and collectively to seek confir- will review public capacity requirements in the mation that the church’s framework guidelines of acute hospital sector in light of developments 1996 were being, and that the recommendations since the health strategy was published. The HSE of the Ferns Report would be, implemented. The continues to implement the various measures in Minister of State asked that the church review the ten-point accident and emergency plan. These and strengthen its child protection management measures take a wide-ranging approach and are structures and training practices with a view to aimed at improving access to accident and emer- improving them to a level which is commensurate gency services, improving patient flows through with the role that the church plays in the accident and emergency departments, freeing up community. acute beds and providing appropriate longer-term The Minister of State noted the public state- care for patients outside of the acute hospital set- ments that the church had made since the deliv- 1365 Questions— 31 January 2006. Written Answers 1366 ery of the report. It welcomed the introduction of provide that the best interests of the child should inter-agency groups in every diocese in the State. be paramount as recommended by the consti- The Minister of State also advised the bishops tutional review group. [2994/06] that he had written to the Health Service Execu- tive requesting them to liaise with the individual Minister of State at the Department of Health bishops to ensure that the recommendations of and Children (Mr. B. Lenihan): I am studying the the report relevant to the church were being recommendation of the All-Party Committee on implemented. The Minister of State requested the Constitution based on the findings of that that arrangements be made to notify the HSE of group. I am conscious that the committee’s find- the current child protection practices in each dio- ings were based on a wide consultation with sub- cese and the additional steps that the church missions from the public, including individuals authorities would be taking on foot of the report. and interest groups. I will be considering the Archbishop Brady replied to the Minister of recommendation in the context of Ireland’s ratifi- State confirming that the Minister of State’s letter cation of the UN Convention on the Rights of the had been discussed at a meeting of the Irish Epis- Child, other international instruments to which copal Conference. The archbishop welcomed the Ireland is party and the existing provisions of interagency review process and confirmed that Irish law. when contacted each bishop would liaise with the HSE. He added that the church was anxious to Medical Cards. outline how recent church initiatives met the recommendations outlined in the Ferns Report. 215. Ms McManus asked the Ta´naiste and Each bishop has written individually to either the Minister for Health and Children if her attention Minister or the HSE to confirm his willingness has been drawn to the fact that the Health to work with the HSE in the interagency review Service Executive is demanding that patients process in ensuring best practice in child provide a list of medication that they are using protection. when applying for a renewal of their medical The inter-agency review groups will be con- card; her views on the potential for a breach of vened, chaired and reported on by the HSE and patient confidentiality; and if she will make a will include representatives from the church and statement on the matter. [3018/06] the Garda. The HSE has already set up the internal structures necessary for the implemen- Ta´naiste and Minister for Health and Children tation of the Ferns Report, are working on the (Ms Harney): The issue raised in the Deputy’s formation of the inter-agency groups, are drafting question relates to the management and delivery terms of reference and have made contact with of health and personal social services, which are the church representative in that regard. the responsibility of the Health Service Executive Under the commission of investigation terms of under the Health Act 2004. Accordingly, my reference, as approved by Government, the Mini- Department has requested the parliamentary ster for Health and Children has the right to refer affairs division of the executive to arrange to have any Catholic Church diocese if, in her opinion, this matter investigated and to have a reply issued the diocese may not be implementing satisfac- directly to the Deputy. torily the recommendations of the Ferns Report. If there is a clear indication that the church auth- General Medical Services Scheme. orities are not implementing the full recom- 216. Mr. Stagg asked the Ta´naiste and Minister mendations of the Ferns Report, they will be for Health and Children if her attention has been referred and any follow-up action required will drawn to the fact that general practitioners have be taken to ensure proper child protection pro- been stopped from using patients’ PPS numbers cedures within each diocese. as a means to identify same; if her attention has The recommendations of the Ferns Report are further been drawn to the fact that general prac- paramount in this whole area and it is against titioners have called for a change in legislation these that the child protection policy and pro- to allow PPS numbers be used as unique patient cedures will be examined. I am firmly of the view identifiers; and if she will make a statement on that these recommendations, implemented in a the matter. [3044/06] spirit of co-operation, will provide both the Government and the church with the necessary measures to address problems of clerical sex Ta´naiste and Minister for Health and Children abuse. (Ms Harney): The personal public service number is used by the Health Service Executive as a unique identifier for people who are entitled to Constitutional Review. publicly provided general practitioner services 214. Mr. Ferris asked the Ta´naiste and Minister under the General Medical Services, GMS, for Health and Children her views on the decision scheme. The unique identifier appears on by the all-party Oireachtas committee that the patients’ medical cards, which they are required Constitution should be amended to give regard to to produce when availing of services from their the best interests of the child, rather than to GMS general practitioner. 1367 Questions— 31 January 2006. Written Answers 1368
[Ms Harney.] chief inspector, SSI; Ms Mo Flynn, Health Service The development of a unique patient identifier Executive; Ms Jennifer Doran, Irish Health will be considered in the context of a public Service Accreditation Board; Ms Julie Ling, service wide approach to the development and Department of Health and Children; Ms Ann use of unique identifiers. Proposals for the Kelly, Health Service Executive; Dr. Catherine development of policy in this area will include Murphy, Health Service Executive; and Mr. discussion with the health sector. The objective Derek Finnegan, Department of Health and will be to develop a legislative basis that will Children. underpin the use of unique identifiers. Health Service Staff. Question No. 217 answered with Question No. 206. 219. Mr. McCormack asked the Ta´naiste and Minister for Health and Children if she has satis- Health Services. fied herself that there are enough public health nurses in the Health Service Executive primary 218. Mr. Connaughton asked the Ta´naiste and and community care sector to maintain levels of Minister for Health and Children if a working care in the community now and to deal with the group has been set up with regard to the social anticipated workload for public health nurses in services inspectorate taking over responsibility the future; and if she will make a statement on for the inspection of nursing homes; the terms of the matter. [3064/06] reference and the members of the working group; and if she will make a statement on the Ta´naiste and Minister for Health and Children matter. [3054/06] (Ms Harney): At the end of September 2005 there were a total of 1,578 whole-time equivalent Minister of State at the Department of Health public health nurses or 1,905 individual public and Children (Mr. S. Power): Legislation is being health nurses, employed by the Health Service prepared in the Department to provide for the Executive. The HSE sponsors 130 nurses per establishment of the health information and qual- annum to undertake the higher diploma in public ity authority, HIQA, and the establishment of the health nursing. The annual cost of this prog- social services inspectorate, SSI, function as part ramme is in excess of \4.5 million. The projected of HIQA on a statutory basis. The SSI function will be vested in a new statutory office to be supply from these training courses is expected to known as the Office of the Chief Inspector of meet current demand. Social Services. The legislation will also provide In addition to public health nurses, care in the for the establishment of a registration system in community is delivered by a mix of different skills respect of residential services for children and for and disciplines, including registered general older people and people with disabilities to nurses, home helps and health care assistants. In replace existing registration procedures in the certain geographical areas, public health nurse Health (Nursing Homes) Act and the Child vacancies are waiting to be filled. In these areas, Care Acts. registered general nurses and health care assist- It is intended that the functions of the office of ants are employed to enhance the skill mix and the chief inspector will include, inter alia, moni- maximise the services of the existing public health toring of standards in respect of residential nurses in that area. services for people with disabilities, older people I have no doubt that the HSE fully recognises and children in accordance with the Child Care workforce planning as a dynamic process and that Act 1991 and Part 2 of the Children Act 2001, it must continue to be conscious of future devel- family welfare conferences, and registering and opments and additional future demands, in the carrying out inspections in respect of those context of the most effective use of all human services. resources and mixes of skills. The preparation of the draft heads of this legis- lation is at an advanced stage and it is hoped to Task Force on Obesity. submit these to the Government shortly. It is intended to publish the draft heads so as to allow 220. Mr. G. Murphy asked the Ta´naiste and for a period of consultation on their contents Minister for Health and Children the progress to prior to commencing the drafting of the Bill. The date on the implementation of the recom- existing SSI will also be included in this con- mendations of the task force on obesity; and if sultation. she will make a statement on the matter. A working group has been established by my [3012/06] Department to develop the standards for residen- tial care settings for older people. Membership is 239. Mr. G. Murphy asked the Ta´naiste and as follows: Ms Dolores Moran, principal officer, Minister for Health and Children the number of Department of Health and Children, chair; Ms recommendations of the national task force on Alison Keogh, assistant principal officer, Depart- obesity that have been implemented; and if she ment of Health and Children; Ms Michele Clark, will make a statement on the matter. [3013/06] 1369 Questions— 31 January 2006. Written Answers 1370
Minister of State at the Department of Health issued by the Commission for Public Service and Children (Mr. S. Power): I propose to take Appointments. Questions Nos. 220 and 239 together. To ensure this critical area of the health service A multi-sectoral and multidisciplinary remains fully functioning and continues to approach is required to implement the recom- develop, I am advised that Mr. John O’Brien, mendations arising from a range of health pro- who is on secondment to the HSE from the post motion policies including the report of the of chief executive officer of St. James’s Hospital, national task force on obesity, which was Dublin, took up the post of national director of launched in May 2005. The Department is con- the National Hospitals Office on 23 January 2006 sidering how this approach could be advanced. on a temporary basis. Additional funding of \3 million has been made available to the Health Service Executive to sup- Hospital Services. port the implementation of the report’s recom- 223. Mr. Hayes asked the Ta´naiste and Mini- mendations. The population health unit, National ster for Health and Children the number of Hospitals Office and the primary, community and delayed discharges in the major Dublin hospitals; continuing care directorates are planning in an if she will provide a breakdown for each hospital; integrated manner to ensure best allocation of if these patients are under the direct care of a this funding in targeting obesity according to the geriatrician; and if she will make a statement on recommendations of the task force report. the matter. [3098/06] A proposal from the directorates is being for- warded to the strategic planning and reform inno- Ta´naiste and Minister for Health and Children vation unit for approval. The proposal will build (Ms Harney): The Deputy’s question relates to on developments to date and will include initiat- the management and delivery of health and per- ives in the following areas: expansion of nutrition sonal social services, which are the responsibility health education programmes in disadvantaged of the Health Service Executive under the Health areas; the appointment of physical activity co- Act 2004. Accordingly, my Department has ordinators to promote physical activity and exer- requested the parliamentary affairs division of cise programmes; the appointment of specialist the executive to arrange to have this matter inves- community dieticians to support weight manage- tigated and to have a reply issued directly to the ment and health promotion programmes; the Deputy. development of a national training programme for key health professionals in methods to Care of the Elderly. address obesity and excess weight; programmes with the food sector to ensure the availability of 224. Mr. English asked the Ta´naiste and Mini- healthy food choices; work on the surveillance ster for Health and Children the reason no reply and monitoring of obesity; and further develop- has been received from the parliamentary affairs ment of clinical obesity services. division of the Health Service Executive for Question No. 163 of 18 October 2005 in view of Question No. 221 answered with Question the important financial and delivery of care to No. 152. vulnerable patients issues that it alluded to; and if she will make a statement on the matter. Hospital Staff. [3083/06] 222. Ms Lynch asked the Ta´naiste and Minister Minister of State at the Department of Health for Health and Children if, in view of the unfortu- and Children (Mr. S. Power): The HSE has nate departure of the director of the National informed me that it sent a reply to the Deputy Hospitals Office, the timescale and details of yesterday on this matter. The information con- when and how the position will be filled; and if tained in the reply, which was provided to Deputy she will make a statement on the matter. Kehoe in response to a parliamentary question [3032/06] on 22 November 2005, is that the 2004 figure of 8.9 million home help hours refers to projected Ta´naiste and Minister for Health and Children figures for 2004. In some cases, owing to different (Ms Harney): Responsibility for staff recruitment recording mechanisms in different HSE areas, within the Health Service Executive rests with the some home help figures also incorporated home HSE. I am advised by the HSE that it has help hours inclusive of all disciplines, including initiated the process to fill the vacancy arising of mental health, disabilities, children and families. National Hospitals Office director. The The 6.9 million home help hours figure in the recruitment process will be undertaken by the 2005 national service plan section for older public appointments service on behalf of the people, which referred to activity for last year and HSE, in accordance with the provisions of code this year refer only to older persons and, there- of practice 01/05, external and internal recruit- fore, that figure and the 8.9 million are not com- ment for appointment to positions in the HSE, parable. The HSE, on examining the figures in 1371 Questions— 31 January 2006. Written Answers 1372
[Mr. S. Power.] service; and if she will make a statement on the the national service plan 2005, realised that the matter. [3075/06] 6.9 million was understated by 665,821 hours and the national figure should be more than 7.5 mil- Ta´naiste and Minister for Health and Children lion for this year for older persons. (Ms Harney): The management and delivery of Given that there have been difficulties in col- health and personal services are now the lating information nationally, the necessary responsibility of the Health Service Executive. revisions are being made to systems and pro- This includes responsibility for the provision of cedures by the HSE to ensure that routine infor- CAT scanning services at hospitals in the south mation can be produced which verifies for the east. Accordingly, my Department has requested purposes of public accountability and manage- the parliamentary affairs division of the executive ment decision making the level of home help to arrange to have this matter investigated and to service delivered on an ongoing basis. have a reply issued directly to the Deputy.
National Drugs Strategy. Question No. 228 was answered with Question No. 169. 225. Mr. O’Shea asked the Ta´naiste and Mini- ster for Health and Children if her attention has been drawn to comments made at the 36th annual Health Service Reform. conference of the Psychological Society of 229. Ms Burton asked the Ta´naiste and Mini- Ireland that more resources are required to ster for Health and Children her views on the develop drug treatment programmes tailored to penalty and rewards system to encourage meet the individual needs of less serious drug efficiency in hospitals here and that hospitals users to avoid placing them on programmes offering excellent care are being penalised; her alongside addicts; and if she will make a state- further views on whether the criteria for judging ment on the matter. [36932/05] needs to be refined and developed; if best prac- tice in hospitals should be encouraged; if her Ta´naiste and Minister for Health and Children Department recognises that sometimes best prac- (Ms Harney): The Deputy’s question relates to tice costs money; and if she will make a statement the management and delivery of health and per- on the matter. [3029/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): All the international data suggests requested the parliamentary affairs division of that good hospital management usually results in the executive to arrange to have this matter inves- both effective financial control and high quality tigated and to have a reply issued directly to the patient care. There is no evidence that poor pati- Deputy. ent care has resulted in financial gains. In fact, the reverse usually occurs. Health Services. I agree that quality of care is an issue of con- 226. Mr. Bruton asked the Ta´naiste and Mini- cern to all of those who use the health services ster for Health and Children if she has received and quality is as important as value for money. I the residential and non-acute care accreditation see no reason we cannot have both. scheme from the Irish Health Services The national case mix programme reviews all Accreditation Board; the action she will take patient encounters, apart from outpatients, that regarding the proposed scheme; and if she will occur in the 37 hospitals in the programme. The make a statement on the matter. [3053/06] case mix programme operates four separate budget models and hospitals may win or lose in Ta´naiste and Minister for Health and Children any one of them as they may have excellent man- (Ms Harney): My Department has had dis- agement of one area, but less so in another. The cussions with the Irish Health Services models are inpatient, day cases, accident and Accreditation Board about the development and emergency, and what is termed the “split-year” operation of accreditation schemes for residential workload adjustment which incorporates the care and primary care services. The board intends most up-to-date data available, for which to develop these schemes further in 2006. finalised financial accounts are not yet available. Obviously, the press focuses on the overall 227. Dr. Twomey asked the Ta´naiste and Mini- adjustment. I am aware that some hospitals which ster for Health and Children the reason adequate we would all consider excellent institutions suf- resources are not given to the Health Service fered some financial loss within case mix. Executive to provide an appropriate out-of-hours However, if one examines the individual prog- CAT scanning service to the Health Service rammes, one sees that they were rewarded for Executive south-east region where three of the good performance in some areas while losing in four hospitals in the region do not have the others. 1373 Questions— 31 January 2006. Written Answers 1374
Case mix collects data on the procedures and victims had access to effective redress. The diagnoses pertaining to individual patients and Taoiseach pointed to his public statements, in the the cost of treating them. While its primary focus Da´il and outside, which had expressed outrage at is the budgetary process, it also provides data the facts which had been established about the which allows others within the health service to breach of trust by clerics who had abused children focus on quality related issues. Many indicators in their care. He fully shared and had expressed already exist outside of case mix and the data col- the dismay and sense of betrayal at the failure to lected as part of both the national HIPE prog- confront this issue when it came to notice, which ramme and case mix programme can assist put more children in danger. towards developing quality indicators. Some of The Minister of State, Deputy Lenihan, these are used as performance indicators within pointed out that the Government had brought the service planning process. forward major child protection legislation. It has It is possible to broaden the programme, as also taken a number of other important initiat- some other countries have done, to encompass ives, including the establishment of the Garda issues such as re-admission rates, death rates and central vetting unit and the appointment of an other quality related indicators, and this will be Ombudsman for Children. The Government has considered. At present, the focus is on broaden- accepted in principle the recommendations of the ing the programme and encouraging its use as a Ferns Report and will take further steps to management tool and data set. This year the improve the level of legal protection for children. programme will be broadened by commencing an Mr. O’Gorman took the opportunity to outline Irish cost weights programme which will result in to the Taoiseach the work being conducted by Irish patient level cost data driving the reimburse- One in Four and there was a brief presentation. ment rates, including new areas such as dialysis Mr. O’Gorman highlighted the increased demand and radiotherapy treatments performed on a day for the services provided by the group and case basis, reviewing and refining the accident stressed that the issue of abuse was not only a and emergency model, continuing to refine the matter of concern to the victims but to society as day case model to reflect changing clinical prac- a whole. Mr. O’Gorman was appreciative of the tice, strengthening the national structures in Government’s commitment to the investigation order that work can commence on including more of child sexual abuse and for taking action when hospitals within the programme and commencing required. a review of outpatient departments so that they too may be included, at which point every patient Clinical Indemnity Scheme. encounter with the hospitals will be subject to case mix. When these matters have been con- 231. Ms O. Mitchell asked the Ta´naiste and cluded, a review of whether various quality of Minister for Health and Children if her decision care indicators can be included as part of the not to extend the clinical indemnity scheme to the programme will be initiated. consultants working in the private hospitals on the grounds of public hospitals will make the possibility of the consultants agreeing with her Child Abuse. proposed hospital plan difficult to implement; 230. Mr. Rabbitte asked the Ta´naiste and Mini- and if she will make a statement on the ster for Health and Children if she will make a matter. [3058/06] statement on the outcome of her meeting with representatives of the One in Four Group on 17 Ta´naiste and Minister for Health and Children November 2005. [36141/05] (Ms Harney): The clinical indemnity scheme, CIS, has been established on the principle of Minister of State at the Department of Health enterprise liability. As such, the scheme covers and Children (Mr. B. Lenihan): The Taoiseach, institutions such as the Health Service Executive, accompanied by the Minister of State at the voluntary hospitals, agencies providing services to Department of Health and Children, Deputy persons with disabilities and so forth, rather than Brian Lenihan, met Mr. Colm O’Gorman and individual practitioners. The activities of doctors, representatives of the One in Four organisation nurses and others employed by enterprises in Government Buildings on 17 November 2005. included in the CIS are covered by virtue of their During the course of the meeting the Taoiseach employment in the enterprises covered by the highlighted the strong priority he has attached to scheme. The CIS does not cover private hospitals, the issue of adult victims of past abuse during his whether located on the grounds of public term of office. He highlighted the actions he had hospitals or elsewhere. These institutions are taken to acknowledge, in the first instance, the responsible for arranging their own insurance suffering of the victims of child abuse, including cover. Consultants in private hospitals benefit sex abuse, within residential institutions. He had from the caps which have been placed on the publicly apologised on behalf of the State for its extent of professional indemnity cover that they failings in that regard and had ensured that the are required to purchase. The objective of the 1375 Questions— 31 January 2006. Written Answers 1376
[Ms Harney.] groups; and if she will make a statement on the caps is to make the cost of this cover affordable matter. [3033/06] for consultants in private practice. I do not believe that the consultants who may wish to Minister of State at the Department of Health work in private hospitals on the grounds of public and Children (Mr. T. O’Malley): As the Deputy hospitals will expect to receive more favourable may be aware, the future direction and delivery treatment than those who work in other parts of of all aspects of our mental health services, the private hospital sector. including child and adolescent psychiatry, were considered in the context of the work of the Pension Provisions. expert group on mental health policy. The Government published the group’s report, 232. Mr. Penrose asked the Ta´naiste and Mini- entitled A Vision for Change, on Tuesday, 24 ster for Health and Children her response to the January 2006. recent report of the Pensions Ombudsman, which The report sets out how positive mental health included particular criticism of employers in the in children can be promoted generally in our health sector; the action she intends to take aris- society and how specialist mental health services ing from the report; and if she will make a state- can be delivered efficiently to children who need ment on the matter. [37197/05] them. Child and adolescent psychiatric services are in place in each Health Service Executive Ta´naiste and Minister for Health and Children area, with 39 child community health teams offer- (Ms Harney): My Department administers two ing a wide range of therapeutic approaches. superannuation schemes for public health sector The group’s report acknowledges gaps in the employees, the nominated health agencies super- current provision of child and adolescent services annuation scheme and the voluntary hospitals and makes several recommendations for the superannuation scheme. The Health Service further improvement of these services. Recom- Executive administers the local government mendations include early intervention and health superannuation scheme for its employees. promotion programmes, primary and community Public health sector scheme members and pen- care services, specialist mental health services for sioners have a right to appeal the trustees’ deter- the treatment of complex disorders and the pro- mination of superannuation benefits and/or liab- vision of additional child community mental ilities. The Department of Health and Children health teams. The Government has accepted the circular 21/2004 of 12 May 2004-Pensions Omb- expert group’s report as the basis for the future udsman- procedures for internal resolution of dis- development of the mental health services. putes refers. Cases that are presented through an internal Health Services. resolution of disputes process under the Pensions Ombudsman legislation can, by reason of com- 234. Mr. Penrose asked the Ta´naiste and Mini- plexity, require thorough investigation and com- ster for Health and Children the steps she plans munication with other parties. The report refers to take with regard to funding for designated to cases dealt with in 2004. I can confirm that all transport for cancer patients trying to access timeframes in relation to dealing with queries and radiotherapy treatment in Dublin, Cork or appeals under the IRD process are being met in Galway; when a decision will be made and fund- the two schemes administered by my Depart- ing delivered on this transport; her views on the ment. However, I am aware of the reference fact that the failure to deliver designated trans- drawn by the Pensions Ombudsman to the health port is contributing to unacceptable delays for and education sectors and to assure good public cancer patients; and if she will make a statement management, my Department has contacted on the matter. [3038/06] superannuation offices in the public health sector and emphasised the need to meet the require- Ta´naiste and Minister for Health and Children ments of the internal resolution of disputes (Ms Harney): The national service plan 2006 of process. the Health Service Executive provides a commit- ment to develop proposals to support patients who have to travel long distances to access Mental Health Services. specialist services, with particular focus on those 233. Ms B. Moynihan-Cronin asked the travelling for radiotherapy treatment. I approved Ta´naiste and Minister for Health and Children this plan in December and it was laid before both the steps she intends to take to improve mental Houses of the Oireachtas earlier this month. I health services for children and adolescents, fol- made an additional \9 millions available to the lowing reports that up to 26% of teenagers have executive for developments in cancer services in mental health issues; if her attention has been 2006, inter alia, to facilitate better access to radi- drawn to the fact that mental health problems are ation oncology services, including dedicated higher among children from lower socioeconomic transport arrangements. The executive will be 1377 Questions— 31 January 2006. Written Answers 1378 reviewing the transport needs of all patients, Ta´naiste and Minister for Health and Children including cancer patients and the associated (Ms Harney): On the basis of the figures con- resource requirements. tained in the 2004 annual report of the Health The executive has in place several options for Service Executive, shared services, primary care the transportation of patients receiving radio- reimbursement service, it is estimated that the therapy and other oncology services including the additional cost involved of providing GP visit use of designated oncology transport vehicles and cards to all those non-medical card holders under transport by air. These services and their 16 years of age will be in the region of \129 mil- development relate to the management and deliv- lion. On a similar basis, the cost involved of pro- ery of health and personal social services, which viding medical cards to all those non-medical card are the responsibility of the Executive under the holders under 16 years would be approximately Health Act 2004. Accordingly my Department \181 million. These estimates are calculated by has requested the parliamentary affairs division reference to the average annual capitation fees of the executive to provide relevant details to the paid to general practitioners under the General Deputy. If the Deputy is aware of any case where Medical Services scheme for patients in this age failure to provide transport is contributing to cohort and include an estimate of other costs in unacceptable delays for cancer patients, I ask him respect of allowances and special payments which to provide details to the parliamentary affairs div- would be payable to GPs. ision for immediate examination and follow up. It The above estimate for the provision of medi- is unacceptable if patient access to radiotherapy is compromised because of the absence of appro- cal cards to people aged 16 years of age includes priate transport arrangements. the average costs of drugs and medicines and fees paid to pharmacists at the end of 2004. However, the costs of other benefits for medical card hold- Hospital Staff. ers under the dental and ophthalmic schemes are 235. Mr. P. McGrath asked the Ta´naiste and not included. The estimates do not take account Minister for Health and Children the reason final of fee increases which would apply under the proposals for a new consultant’s contract has not terms of the Labour Relations Commission’s been presented to the consultant’s organisations recommendations of 20 June 2005 and any before she gave her ultimatum to the consultants additional costs which might result from future to fulfil her threat to start implementing public- industrial relations negotiations. only contracts from the 30 April 2006; if contract talks are not completed; and if she will make a Mental Health Services. statement on the matter. [3102/06] 237. Mr. Stanton asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children if her Department (Ms Harney): Since 2003, management has has mental health programmes in place targeted attempted to commence substantive negotiations specifically at young males in the 15 to 35 age on a new contract with the medical organisations. group, in view of the fact that males represented For a number of reasons, including the organis- 78% of suicides here in 2004; and if she will make ations’ opposition to the extension of the clinical a statement on the matter. [3005/06] indemnity scheme to consultants, both the IMO and the IHCA refused to begin talks until Minister of State at the Department of Health November 2005. and Children (Mr. T. O’Malley): A new national There is no doubt that the implementation of office for suicide prevention was established by management’s proposals with respect to the con- the Health Service Executive following the publi- tract will lead to a better, more patient-centred cation of the national strategy for action on health service. Obviously, the earlier that this can suicide prevention, Reach Out, in September be done, the better it will be for the patient. For 2005. Reach Out acknowledges the high levels of this reason, I felt that it was prudent to ensure suicide among young males and has as a stated that the medical organisations were aware of the objective the development of services and initiat- necessity to implement these proposals as soon ives that will help young men to cope with their as possible. changing roles in society. The national office for suicide prevention will oversee the implemen- Medical Cards. tation of the strategy and will be responsible for 236. Mr. Eamon Ryan asked the Ta´naiste and co-ordinating suicide prevention activities across Minister for Health and Children the approxi- the State. My Department has therefore mate annual cost for the introduction of doctor- requested the parliamentary affairs division of only medical cards for those under 16; the cost the Health Service Executive to arrange to have for a full medical card for same; and if she will the information requested issued directly to the make a statement on the matter. [3093/06] Deputy. 1379 Questions— 31 January 2006. Written Answers 1380
Health Care Costs. therefore, once-off Exchequer cash of \122 mil- lion was required to replace the bank financing 238. Mr. Broughan asked the Ta´naiste and previously available. This allowed the Exchequer Minister for Health and Children her views on to meet that portion of its liabilities in 2005 pre- the variations in charges for private consultations; viously covered by way of an overdraft facility. if her attention has been drawn to the fact that charges for a ear, nose and throat specialist in The second technical adjustment required was Dublin can be as high as \250 while in Cork in respect of statutory and voluntary deductions charges are \100; if rising costs for specialists will made in December 2004. With the establishment be curbed in 2006; and if she will make a state- of the HSE in January 2005 it was necessary to ment on the matter. [3022/06] make a total of 12 payments to the Revenue Commissioners and other beneficiaries in respect Ta´naiste and Minister for Health and Children of each month’s statutory deductions from health (Ms Harney): As Minister for Health and Chil- board employees’ salaries and voluntary dren I have no function regarding the setting of deductions such as life insurance. Unlike accruals charges by consultants in respect of their private accounting, Vote accounting required that these practice. This is a matter for individual consult- deductions were accounted for in Vote spending ants. In common with Ministers for Health in for each month from January to December 2005, most countries, I am concerned at rising health that is, in the month they arise, even though the care costs, whether funded by the State or by December 2005 deductions were not due to be individual contributions, and believe increases paid over until January 2006. Therefore, the HSE should be kept within reason. was obliged to charge each calendar month of 2005, as well as the deductions from December Question No. 239 was answered with Question 2004, to the newly established Vote 40, resulting No. 220. in 13 months’ deductions in 2005. This required a provision of once-off funding of \94 million from the Exchequer in 2005. In total, the establishment Health Service Reform. of the HSE’s Vote required a provision of \216 240. Mr. Ring asked the Ta´naiste and Minister million once-off funding. for Health and Children the reason it cost \200 million to establish the Health Service Executive Question No. 241 was answered with Question which included paying off debts of the former 11 No. 146. health boards; and if she will make a statement on the matter. [3078/06] Infectious Diseases. 242. Ms McManus asked the Ta´naiste and Ta´naiste and Minister for Health and Children (Ms Harney): It should be noted from the outset Minister for Health and Children the breakdown that the establishment of the Health Service of the numbers of MRSA cases per hospital; if Executive did not cost \200 million. Owing to the same are not available when she expects them to creation of the HSE’s Vote and the consequent become available; her plans to combat the spread introduction of vote accounting procedures, it of MRSA with regard to screening, isolation was necessary to make some technical adjust- facilities, overcrowding and visitation hours; if ments at Revised Estimates time in 2005 to her attention has been drawn to the fact that two accommodate this process. Furthermore, none of babies have tested positive for MRSA at Kerry these technical adjustments required additional General Hospital; if her attention has further investment in the health services by the taxpayer. been drawn to other similar cases of MRSA at other maternity units here; and if she will make a The first of these technical items related to the statement on the matter. [3017/06] liquidation of health board approved overdrafts. Up to the end of 2004, an overdraft facility was Ta´naiste and Minister for Health and Children approved as part of the financing of the health (Ms Harney): For the purposes of the surveil- service. Health boards had been cashed with lance, prevention and control of MRSA the approximately 91% of their approved expendi- Health Protection Surveillance Centre collects ture in the current year, with the balance of data on MRSA bacteraemia, also known as approximately 9% paid over in the following bloodstream infection or blood poisoning, as part year. This recoupment rate was agreed between of the European antimicrobial resistance surveil- my Department and the Department of Finance lance system, EARSS. EARSS collects data on in 1993-94 as being the appropriate level of cash the first episode of blood stream infection per funding in any year which, when taken together patient per quarter. EARSS was designed to with an approved overdraft facility, ensured that allow comparison of antimicrobial resistance data the health boards had enough cash in any year to between countries and possibly regions but not meet the cash commitments arising from spend- between hospitals. ing their approved allocation. Vote accounting This year Ireland will participate in the precludes the use of overdraft facilities and, Hospital Infection Society’s prevalence survey of 1381 Questions— 31 January 2006. Written Answers 1382 health care associated infections to be carried out hospital. I am aware that there is significant in the United Kingdom and Ireland. The survey private sector interest in the redevelopment of will provide the Department and the Health the hospital, and I have met with a number of the Service Executive with accurate and comparable interested parties. data on the prevalence of health care associated infections, including MRSA, in acute hospitals in Question No. 244 answered with Question the Republic of Ireland. The data gathered from No. 141. hospitals can also be used to compare with similar data being obtained in England, Scotland, Wales Question No. 245 answered with Question and Northern Ireland. No. 195. The publication of the revised SARI guidelines on the control and prevention of MRSA in Medical Council. hospitals and in the community, the Clean Hands 246. Mr. Kenny asked the Ta´naiste and Mini- Campaign, the national hygiene audits and the ster for Health and Children her views on the development of national standards in infection proposal to have a majority layperson represen- control and hospital hygiene are some of the tation on the Medical Council; and if she will measures aimed at addressing the challenges make a statement on the matter. [3076/06] presented by health care associated infections. Ta´naiste and Minister for Health and Children Hospitals Building Programme. (Ms Harney): Under the Medical Practitioners 243. Aengus O´ Snodaigh asked the Ta´naiste Act 1978, the Medical Council was established as and Minister for Health and Children the dis- the body with the responsibility for the regis- cussions she has had concerning the future of tration of medical practitioners and the regu- Crumlin children’s hospital; and if she will make lation of their activities. a statement on the matter. [2991/06] Officials in my Department are actively work- ing on the drafting of a new Medical Practitioners Ta´naiste and Minister for Health and Children Bill and, as part of that work, I have requested (Ms Harney): It has been accepted that the cur- them to consider the manner in which non-medi- rent infrastructure at Our Lady’s Hospital for cal membership can best be represented on the Sick Children does not generally meet the stan- council in future. As a general principle I favour dards required for a modern paediatric hospital. a majority lay representation on boards of pro- The available facilities do not satisfactorily fessional regulatory organisations. accommodate the range and extent of current clinical and associated activity. In recognition of Health Services. this, a project team was established to plan for 247. Mr. P. Breen asked the Ta´naiste and Mini- the overall future development of Our Lady’s ster for Health and Children her views on Coov- Hospital, either on the existing hospital site or at agh House in Limerick; and if she will make a an alternative green field location. statement on the matter. [3011/06] The project team has undertaken a detailed examination of the potential to redevelop the Minister of State at the Department of Health hospital on its present site. The project team con- and Children (Mr. B. Lenihan): The Deputy’s cluded that the existing clinical services could be question relates to the management and delivery retained and developed on the present site but of health and personal social services, which are also set out the implications of such an approach the responsibility of the Health Service Executive in terms of time, cost and disruption to services. under the Health Act 2004. Accordingly, the As a consequence it is likely that the new hospital Department has requested the parliamentary will be located at an alternative site. affairs division of the executive to arrange to have In the context of the decision to be taken on this matter investigated and to have a reply issued the possible relocation of the facilities at Our directly to the Deputy. Lady’s Hospital for Sick Children, Crumlin, I asked the Health Service Executive to undertake a review of tertiary highly specialised paediatric Birth-Related Injury Claims. services to ensure that they are planned and pro- 248. Mr. Perry asked the Ta´naiste and Minister vided in the most efficient and effective manner. for Health and Children further to the reply to The HSE engaged a team of management con- Parliamentary Question No. 104 of 18 October sultants to provide a report on the strategic 2005 if a process will be reviewed with regard to organisation of tertiary paediatric services in a no fault compensation for babies who are brain Ireland. Their report is expected to be furnished damaged at birth; if the reply to this issue will be to the HSE tomorrow evening for consideration approached again from the point of view of the at the scheduled HSE board meeting on parents as guardians of a brain damaged baby at Thursday. birth; her proposals to remove the need of The outcome of the review will help to inform parents going to court to get funding to look after decisions to be taken on the future location and these children; the services that are available to the range of services to be provided at the new parents who fail to prove a case in court and who 1383 Questions— 31 January 2006. Written Answers 1384
[Mr. Perry.] It should also be noted that the acute bed are often left with little assistance; and if she will numbers per capita do not take account of vari- make a statement on the matter. [3097/06] ations in the age structure of the population in different countries. Acute bed usage tends to be Ta´naiste and Minister for Health and Children concentrated in the older age groups both in (Ms Harney): The position on the introduction of terms of admission rates and average lengths of a no fault compensation scheme for infants who stay. Within the EU, Ireland continues to have a suffer brain damage at or close to birth remains significantly younger population than the unchanged. The Attorney General has raised average. serious concerns about the constitutional impli- In 2001, the average number of in-patient beds cations of establishing no fault compensation and day places available for treatment of patients schemes. In the light of this advice it would not in public acute hospitals was 12,145. The hospital be prudent to establish such a scheme. Parents of returns for 2005 show that this number has risen infants who suffer cerebral damage at birth are to 13,255, an increase of 1,110 in-patient beds and entitled to pursue claims for damages on behalf day places. Almost 90% of treatment places in of such infants where they believe that the stan- acute hospitals are overnight in-patient beds. To dard of care delivered to their child fell below these must be added approximately 1,700 acute that which would generally be expected. The bulk beds in private hospitals to see the full extent of of the damages awarded in successful claims go acute hospital capacity in the country, that is, to meet the lifetime care costs of the child. Where nearly 15,000 beds. there are no grounds for taking a personal injury The agreed programme for Government claim, or where the claim is not successful, the includes a commitment to expand public hospital children concerned are eligible for the same beds in line with the health strategy commitment range of services as other children with dis- to increase total acute hospital bed capacity by abilities not caused by birth-related injuries. 3,000 by 2011. Substantial investment in additional bed capacity in acute hospitals has Hospital Accommodation. already taken place. Funding has been provided to open an additional 900 in-patient beds/day 249. Mr. M. Higgins asked the Ta´naiste and places in public acute hospitals throughout the Minister for Health and Children her views on country. The Health Service Executive has the fact that Ireland has one of the lowest ratios informed the Department that at the end of 2005, of acute beds to population in Europe where the 806 of these beds/day places were in place and EU average is 4.4 beds per 1,000 of population; the remaining 94 beds/day places will come on the action she intends to take to correct this stream over the coming months. The majority — situation; the breakdown of the numbers, types 80% — of additional beds/places provided so far and definitions of beds provided since 2001; and are overnight in-patient beds. In addition, a if she will make a statement on the matter. further 450 acute beds/day places are in various [3027/06] stages of planning and development under the capital investment framework 2005-09. Ta´naiste and Minister for Health and Children I announced in July this year an initiative which (Ms Harney): The World Health Organisation’s will provide up to an additional 1,000 beds for European Health for All database of June 2005 public patients in public hospitals over the next shows that the number of acute care beds in five years. The Health Service Executive has been Ireland in 2003 was three per 1,000 population asked to begin to develop an implementation and that the EU average for the same year was 4 plan and to prioritise proposals with reference to per 1,000 population. the public hospitals’ requirement for additional The organisation advises caution in the inter- bed capacity. The Estimates for 2006 include \60 pretation of the cross-country data in the data- million to open new acute hospital facilities, some base. Health data recording systems and practices of which will provide additional beds. These vary between countries, as do the availability and additional beds/day places will go some way to accuracy of data. Data comparability is also lim- achieving our commitment in the programme for ited owing to differences in definitions and/or Government to increase total acute hospital time periods or other national specifics in data capacity. recording and processing. For example, the Irish The Department, in conjunction with the data do not include day beds. Day activity is now Health Service Executive, will be reviewing a significant component of hospital-based care. public capacity requirements in the acute hospital There has been a rapid movement in the last few sector in the light of developments since the years towards day case work where a variety of health strategy was published. routine and complex treatments, surgery and diagnostic tests can now be performed with the Cancer Services. patient being admitted and discharged from hospital on the same day. In addition, the Irish 250. Mr. P. Breen asked the Ta´naiste and Mini- data do not include acute beds located in private ster for Health and Children if it is her view that hospitals, whereas some other countries include the sparse population of the north-west region private beds and/or long term care beds. presents obstacles to the establishing of a quality 1385 Questions— 31 January 2006. Written Answers 1386 service to meet the needs of cancer patients in associates case volume and sub-specialisation Sligo, Donegal and Leitrim; and if she will make with improved patient outcome. a statement on the matter. [3010/06] There has been significant investment in cancer care in the north west since 1997, more than \47 Ta´naiste and Minister for Health and Children million. Additional medical consultants have (Ms Harney): I am fully committed to the been appointed in the region in key areas of can- development of high quality and quality assured cer care, including medical oncology, palliative cancer care for all patients regardless of geogra- care, histopathology, haematology and surgery. phy. This objective is shared by the chief execu- More than 20 cancer care nurse specialists have tive officer of the Health Service Executive and is been appointed and there has been a 25% reflected in the executive’s national service plan, increase in oncology day case activity in 2005. 2006. There is a significant role for primary care BreastCheck has confirmed that it will commence services in the provision and development of can- breast screening of women in the 50 to 64 age cer care. These services include health pro- group in the north west in 2007. motion, early detection and screening and palli- ative care. Primary care is a key element in the Tourism Industry. delivery of integrated cancer services involving 251. Mr. Connolly asked the Taoiseach the secondary and tertiary services. The specialist income from foreign tourism markets in each management of specific types of cancers should year since 2000; the amount spent abroad annu- be delivered by hospitals where care is more ally by Irish holidaymakers; [2864/06] specialised thereby increasing the likelihood of better survival; there are higher caseloads of Minister of State at the Department of the patients, increasing the experience and ability to Taoiseach (Mr. Kitt): The CSO publishes annual sub-specialise; diagnosis and treatment planning figures on the estimated total earnings from all is conducted by multidisciplinary teams; and audit overseas visits to Ireland by non-residents and on and other quality assurance programmes are in the estimated expenditure by Irish residents on place. overseas visits. These figures include a break- While a limited number of centres will generate down into the following categories by reason for sufficient workload for breast or colon cancer, for journey: business, holiday-leisure-recreation, visit example, they would not support the manage- to friends-relatives and other. The figures for ment of more complex but less common cancers overseas visits to Ireland by non-residents also including cancers of the pancreas, oesophagus, include a breakdown by area of residence. The lung, bone, brain or paediatric tumours. There is relevant figures for the years 2000-04 are detailed significant evidence in international research that in the tables below.
Estimated Expenditure by Overseas Visitors to Ireland classified by Reason for Journey 2000-2004 (\m)*
Reason for Journey 2000 2001 2002 2003 2004
Business 486 460 445 402 424 Holiday/Leisure/Recreation 1,386 1,594 1,696 1,779 1,774 Visit to Friends/Relatives 569 648 675 708 755 Other 175 191 230 309 251
Total Estimated Expenditure 2,617 2,893 3,045 3,198 3,204
*The figures in the above table exclude all international fares and fares received by Irish carriers.
Estimated Expenditure by Overseas Visitors to Ireland classified by Area of Residence 2000-2004 (\m)*
Area of Residence 2000 2001 2002 2003 2004
Great Britain 1,042 1,163 1,251 1,295 1,253 Other Europe 721 810 862 884 927 USA and Canada 679 713 705 784 769 Other Areas 175 207 227 235 255
Total Estimated Expenditure 2,617 2,893 3,045 3,198 3,204
*The figures in the above table exclude all international fares and fares received by Irish carriers. 1387 Questions— 31 January 2006. Written Answers 1388
[Mr. Kitt.] Estimated Expenditure by Irish Residents on Overseas Visits classified by Reason for Journey 2000-2004 (\m)**
Reason for Journey 2000 2001 2002 2003 2004
Business 657 521 581 605 612 Holiday/Leisure/Recreation 1,737 2,205 2,720 2,895 2,882 Visit to Friends/Relatives 598 678 754 796 862 Other 195 196 255 290 304
Total Estimated Expenditure 3,187 3,600 4,310 4,586 4,661 ** The figures in the above table include all international fares and fares received by Irish carriers.
It is expected that tourism and travel expenditure Minister of State at the Department of the estimates for the year 2005 will be published Taoiseach (Mr. Kitt): Quarterly labour force before the end of March 2006. estimates are compiled from the Quarterly National Household Survey. The table provides tentative estimates for persons in employment classified by nationality. Migrant Workers. The very significant flows of persons into the country in recent times present measurement 252. Ms O. Mitchell asked the Taoiseach the challenges for a survey such as the QNHS. In this number of non-national workers currently respect the nationality figures provided in the employed here; and if he will make a statement table should be treated as tentative pending the on the matter. [3179/06] results from the 2006 census.
Estimated number of persons aged 15 years and over in employment (ILO) classified by nationality, June-August, 2004 and 2005
(Thousands)
Q3 2004 Q3 2005 Annual Change
Nationality Irish 1,779.1 1,830.6 51.5 Non-Irish nationals 114.5 159.2 44.7 of which United Kingdom 34.8 40.5 5.7 EU-15 excl. and UK 19.4 21.4 2.0 Accession states EU-15 to EU-25 19.5 53.2 33.7 Other 40.7 44.1 3.4 All persons 1,893.6 1,989.8 96.2
Finucane case investigated, will not meet these Northern Ireland Issues. standards. We have raised these concerns with the British Government. 253. Mr. Sargent asked the Taoiseach if the The family has our full and continuing support British Prime Minister, Mr. Tony Blair, will be in all their tireless efforts over so many years to called on to hold a full independent public inquiry achieve the full truth in this deeply disturbing into the murder of Mr. Pat Finucane in the interest of transparency, in view of the findings case. of Judge Peter Cory’s investigation into collusion between paramilitaries and security forces in 254. Mr. Connolly asked the Taoiseach his Northern Ireland; and if he will make a statement views on the possibility of achieving a restoration on the matter. [2784/06] of the Northern Ireland Executive and political institutions in 2006; and if he will make a state- The Taoiseach: The Government continues to ment on the matter. [2856/06] support a full independent public inquiry into the murder of Patrick Finucane. We have made clear The Taoiseach: The Government remains fully that we want to see the standard agreed at committed to the peace process and the full Weston Park and set by Judge Cory adhered to. implementation of the Good Friday Agreement. We continue to share the concern of the Finucane I met Prime Minister Blair in Farmleigh on 26 family that the new Inquiries Act, under which January. Our main topic of discussion was the the British Government intends to have the way ahead in Northern Ireland. As was stated 1389 Questions— 31 January 2006. Written Answers 1390 after my meeting with Prime Minister Blair, the Ta´naiste and Minister for Health and Children early restoration of the devolved institutions is in (Ms Harney): Employment information collected the best interests of everyone in Northern Ireland by my Department relates to grades and — 2006 is the decisive year for this process. We employing authority rather than to specific areas would like to see the Northern Ireland Assembly of responsibility for individual staff. The most and Executive, and North-South structures recent information shows that the number of restored as soon as possible. The Minister for social workers employed in the public health Foreign Affairs and the Secretary of State for service increased by 897 to 2061 or 77% in whole- Northern Ireland will convene talks with the time equivalent terms between 31 December Northern Ireland parties, commencing on 6 1997 and 30 September 2005. The table below February, in an aim to restore the Institutions. shows a breakdown of these figures by Health Service Executive area at end September 2005. Health Service Staff. As the detailed information requested by the 255. Mr. Kehoe asked the Ta´naiste and Mini- Deputy relates to the management of human ster for Health and Children if there are social resources which is a matter for the Health Service workers with responsibility for the elderly; if so Executive under the Health Act 2004, the execu- the breakdown of the number involved per tive’s parliamentary affairs division has been county or per region; and the exact functions of asked to reply directly to the Deputy in this same. [2782/06] regard.
Social Workers — all grades
Health Service Executive Area 31/12/1997 30/09/2005 Increase % Increase
Eastern - Share Services 191.2 302.6 111.4 58 East Coast Area 54.3 144.5 90.2 166 Northern Area 254,6 271.0 16.4 6 South-Western Area 112.0 261.0 149.0 133 Eastern 612.0 979.0 367.0 60 Midland 57.6 96.7 39.1 68 Mid-Western 77.8 156.6 78.8 101 North-Eastern 63.2 132.6 69.4 110 North-Western 60.7 128.8 68.1 112 South-Eastern 86.5 135.1 48.7 56 Southern 120.3 278.5 158.2 132 Western 86.0 154.2 68.1 79
Total 1,164.0 2,061.4 897.4 77 Source: Health Service Personnel Census. Legislative Programme. sal procedures for notification, solemnisation and 256. Mr. Coveney asked the Ta´naiste and Mini- registration of marriages as well as a choice of ster for Health and Children when she intends to venue for civil marriage ceremonies. implement the legislation on the liberalisation of Before the provisions can be commenced, a marriage venues and have the licence in the per- substantial body of work needs to be completed, son of the registrar perform the ceremony in a including drafting and publication of regulations, venue other than the registrar’s office (details guidelines and detailed procedures; establishment supplied). [3188/06] of a register of solemnisers in consultation with religious bodies; establishment of a register of Ta´naiste and Minister for Health and Children approved venues for civil marriages; and the (Ms Harney): An tArd-Chla´raitheoir, the Regis- further development of the computer system to trar General, is the person with statutory facilitate the administration of the new marriage responsibility for the administration of the civil provisions introduced in the Act. An tArd-Chla´- registration system, including civil marriages. I raitheoir is unable to give a specific date for the have made inquiries with an tArd-Chla´raitheoir implementation of the new marriage procedures and the position is as follows. The Civil Regis- but it is unlikely to be before October 2006. It is tration Act 2004 provides for the commencement intended to give as much public notice as possible of the various provisions of the Act on a gradual and a comprehensive public information cam- basis. Parts 1, 2, 3, 5 and 8, which relate to the paign will be undertaken at the appropriate time. administration of the service and the registration I am aware that some existing offices of regis- of births, stillbirths and deaths, were commenced trars of civil marriages are less than ideal when it on 5 December 2005. The new provisions for comes to conducting marriage ceremonies. This marriage are set out in Part 6 and include univer- factor was taken into consideration in enacting 1391 Questions— 31 January 2006. Written Answers 1392
[Ms Harney.] a patient whose care was unique or unusual, the the new marriage provisions and I am confident cost of which was considerably in excess of the these provisions, once commenced, will lead to a norm. Costs relating to matters which might significant enhancement of the services provided reasonably be considered beyond local manage- in the area of civil registration. ment control are allowed. The casemix group operates what is termed a Mental Health Services. “data driven decision making process”, that is, any decisions taken are based on real data sub- 257. Mr. Quinn asked the Ta´naiste and Mini- mitted. The programme is operated in an open ster for Health and Children the services avail- and inclusive manner, with all the data being able to a person (details supplied) in Dublin who shared among all the participating hospitals. has suffered from mental illness since early teens Consequently, the decision to grant a special in view of the fact that psychiatric care and follow deduction is only taken where it can reasonably up remedial treatment were found to be limited be considered valid, beyond local management’s and inadequate; and if she will make a statement control and can be justified to all other participat- on the matter. [3226/06] ing hospitals. Casemix adjustments are only part of the finan- 319. Mr. Quinn asked the Ta´naiste and Mini- cial allocation process and specific to the year in ster for Health and Children the proposals her question, nor are they on a cumulative basis as Department has to improve the interface the process starts afresh each year. All the man- between the prison services and the health agement data is regenerated, based on both the services with particular regard to mental and hospital’s activity and costs and that of all other psychiatric services where a person (details hospitals involved in the programme. The lessons supplied) in Dublin 4 finds that due to inadequate learned from the previous case mix budget are and limited psychiatric remedial treatment, they carried forward and changes which have were transferred to Unit B of the Central Mental occurred, be they clinical, financial or manage- Hospital, having spent eight weeks in Cloverhill ment, are reviewed. Cost per case, length of stay remand prison; the steps she will take to ensure and changing clinical practice data, such as the that a person in need of medical treatment rather introduction of medical assessment units, are all than incarceration is provided with the appro- reviewed and incorporated into the new budget priate treatment; and if she will make a statement model. on the matter. [3229/06] The activity and costs for a given year are reviewed vis-a`-vis their peer group, resulting in Minister of State at the Department of Health hospitals being funded for the patients they actu- and Children (Mr. T. O’Malley): I propose to ally treated, including exceptionally high cost or take Questions Nos. 257 and 319 together. long stay patients. Any issues beyond the remit The Deputy’s questions relate to the manage- of case mix can be addressed directly with the ment and delivery of health and personal social National Hospitals Office and the Health services, which are the responsibility of the Service Executive. Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive Health Services. to arrange to have this matter investigated and 259. Mr. S. Ryan asked the Ta´naiste and Mini- have a reply issued directly to the Deputy. ster for Health and Children the type of problems that are being identified in respect of the inspec- Hospital Services. tion of private nursing homes; the action that is being taken to address these problems; the ´ 258. Mr. Connolly asked the Tanaiste and number of court actions pending; and the nursing Minister for Health and Children if special con- homes in question. [3325/06] sideration will be given in the application of the casemix incentivisation scheme to hospitals experiencing unique service difficulties when Minister of State at the Department of Health funding is being allocated based on previous and Children (Mr. S. Power): The Deputy’s ques- years’ casemix criteria; and if she will make a tion relates to the management and delivery of statement on the matter. [3235/06] health and personal social services, which are the responsibility of the Health Service Executive Ta´naiste and Minister for Health and Children under the Health Act 2004. Accordingly, the (Ms Harney): All the hospitals which participate Department has requested the parliamentary in the national casemix programme are actively affairs division of the executive to arrange to have encouraged to make submissions on issues of con- this matter investigated and have a reply issued cern to them to the casemix technical group in directly to the Deputy. my Department, which is involved in the manage- ment of the programme. No restrictions apply to 260. Mr. Ring asked the Ta´naiste and Minister the type of submission they may make. It could for Health and Children if the hospice beds in a be a general issue affecting both their hospital hospital (details supplied) in County Mayo will and all hospitals or it could be a unique local be reopened and the plans of the Health Service issue. Local unique issues could be related to Executive to advertise for medical officers for the general matters, such as service difficulties, or to hospice unit. [2763/06] 1393 Questions— 31 January 2006. Written Answers 1394
Minister of State at the Department of Health Regions No. of Eligible Persons and Children (Mr. S. Power): The Deputy’s ques- January 2006 tion relates to the management and delivery of health and personal social services, which are the Midland responsibility of the Health Service Executive, Laois 16,991 HSE, under the Health Act 2004. Accordingly, Longford 12,545 this Department has requested the parliamentary Offaly 19,597 affairs division of the executive to arrange to have this matter investigated and have a reply issued Westmeath 20,990 directly to the Deputy. Total 70,123
261. Mr. Kenny asked the Ta´naiste and Mini- Mid-Western ster for Health and Children if her attention has Clare 31,355 been drawn to the funding requirement for the Limerick 49,932 Mayo centre for independent living for 2006 of approximately \950,000; if her attention has Tipperary NR 19,401 further been drawn to the fact that of the per- Total 100,688 sonal assistant service being provided at the moment 18 are employed on community employ- North Eastern ment schemes with the remainder being funded Cavan 18,958 from the Health Service Executive; if her atten- tion has further been drawn to the fact that 60 Louth 35,134 leaders require a personal assistant in the Mayo Meath 29,369 area in 2006; the level of funding to be provided Monaghan 16,105 by her Department; and if she will make a state- ment on the matter. [2775/06] Total 99,566
Minister of State at the Department of Health North Western and Children (Mr. T. O’Malley): The Deputy’s Donegal 68,380 question relates to the management and delivery Leitrim 11,044 of health and personal social services, which are Sligo 19,491 the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Total 98,915 Department has requested the parliamentary affairs division of the executive to arrange to have South Eastern a reply on this issue sent directly to the Deputy. Carlow 15,443 Kilkenny 19,802 Medical Cards. Tipperary SR 28,611 262. Mr. Crawford asked the Ta´naiste and Waterford 35,744 Minister for Health and Children the number of Wexford 40,020 medical cards which were available to persons in each county here on 1 January 2006 or the near- Total 139,620 est date possible; the number of doctor only medical cards that have been issued on a county Southern by county basis; when the proposed figure of Cork 132,365 30,000 additional full cards and 200,000 doctor Kerry 41,221 only cards will be reached; and if she will make a statement on the matter. [2783/06] Total 173,586
Ta´naiste and Minister for Health and Children Western (Ms Harney): The statistics for national coverage Galway 65,758 of medical cards as supplied to my Department Mayo 47,588 by the HSE’s primary care reimbursement Roscommon 20,236 services are set out in tabular form: Total 133,582 Regions No. of Eligible Persons January 2006 Grand Total 1,155,727
Eastern Region More than 5,000 GP visit cards have been issued Dublin 274,245 by the HSE which has been requested to provide Kildare 37,790 a breakdown of this figure by county directly to the Deputy. Since 2005 I have made significant Wicklow 27,612 improvements to the way in which eligibility for medical cards and GP visit cards is assessed. In Total 339,647 January 2005, I increased the income guidelines 1395 Questions— 31 January 2006. Written Answers 1396
[Ms Harney.] Service Executive in order that the project can be used in the assessment of medical card appli- approved; and if she will make a statement on the cations by 7.5%. matter. [2828/06] In June 2005, it was apparent that the effect of rising income in our successful economy meant Ta´naiste and Minister for Health and Children that the target of 30,000 additional medical cards (Ms Harney): The Deputy’s question relates to and 200,000 GP visit cards would not be achieved. the management and delivery of health and per- At this time I simplified the means test for both sonal social services, which are the responsibility medical cards and GP visit cards. It is now based of the Health Service Executive under the Health on an applicant’s and spouse’s income after Act, 2004. Accordingly, my Department has income tax and PRSI and takes account of requested the parliamentary affairs division of reasonable expenses incurred in respect of rent the executive to arrange to have this matter inves- or mortgage payments, child care and travel to tigated and have a reply issued directly to the work. This is much fairer to applicants. Deputy. I announced, on 13 October 2005, that the income guidelines for both medical cards and GP 265. Mr. Durkan asked the Ta´naiste and Mini- visit cards would be increased by an additional ster for Health and Children if a review of a file 20%. This means the income guidelines are now can be undertaken in relation to a refund to a 29% higher than they were at the end of 2004. It person (details supplied) in County Wicklow; and will be noted that the income assessment guide- if she will make a statement on the matter. lines used for GP visit cards are 25% higher than [2837/06] those used for medical cards. The HSE has publi- cised these changes to encourage people to apply Ta´naiste and Minister for Health and Children and has made the application process as simple (Ms Harney): The Deputy’s question relates to as possible. the management and delivery of health and per- In December 2005 my Department asked the sonal social services, which are the responsibility HSE to take account of the welfare, taxation or of the Health Service Executive under the Health other changes announced in the budget on the Act 2004. Accordingly, my Department has operation of the income guidelines and identify requested the parliamentary affairs division of any changes which may be required to ensure the executive to arrange to have this matter inves- medical cards and GP visit cards continue to be tigated and have a reply issued directly to the available to those who need them. I expect to Deputy. receive a report from the HSE shortly about this matter. My Department and the Health Service 266. Mr. Connolly asked the Ta´naiste and Executive will continue to monitor the number of Minister for Health and Children her plans to cards issued. The Government’s commitment in open the Cootehill day care centre for the elderly the programme for Government to extend eligi- on a five day a week basis; and if she will make a bility for medical cards will be kept under review statement on the matter. [2752/06] in light of other competing service priorities, available resources and the graduated benefits Minister of State at the Department of Health approach which I introduced with the GP visit and Children (Mr. S. Power): The Deputy’s ques- card. tion relates to the management and delivery of health and personal social services, which are the Health Services. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the 263. Mr. Kirk asked the Ta´naiste and Minister Department has requested the parliamentary for Health and Children the position regarding affairs division of the executive to arrange to have the provision of a health centre in Dunleer, this matter investigated and have a reply issued County Louth; and if she will make a statement directly to the Deputy. on the matter. [2826/06]
Ta´naiste and Minister for Health and Children Hospital Services. (Ms Harney): The Deputy’s question relates to 267. Mr. Connolly asked the Ta´naiste and the management and delivery of health and per- Minister for Health and Children if special sonal social services, which are the responsibility unique difficulties of suspensions of consultant of the Health Service Executive under the Health surgeons and severe overcrowding were taken Act 2004. Accordingly, my Department has into account in her Department’s penalising of requested the parliamentary affairs division of Cavan General Hospital to the extent of \220,563 the executive to arrange to have this matter inves- under the new casemix incentivisation scheme; tigated and have a reply issued directly to the and if she will make a statement on the Deputy. matter. [2756/06]
264. Mr. McGuinness asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children the status of a (Ms Harney): All the hospitals which participate request to obtain land at Thomastown, County in the national casemix programme are actively Kilkenny, to extend the local health centre; if the encouraged to make submission on issues of con- proposal will be fast-tracked by the Health cern to them to the casemix technical group in 1397 Questions— 31 January 2006. Written Answers 1398 my Department, which is responsible for Ta´naiste and Minister for Health and Children reviewing cost and activity data for inclusion in (Ms Harney): The Deputy’s question relates to the budget model. Costs relating to matters which the management and delivery of health and per- might reasonably be considered beyond local sonal social services, which are the responsibility management control may be deducted following of the Health Service Executive under the Health review. A deduction was allowed in relation to Act 2004. Accordingly, my Department has some costs incurred at the hospital. No allowance requested the parliamentary affairs division of was made for pressure on services as this led to the executive to arrange to have this matter inves- an increase in activity and a consequent lowering tigated and have a reply issued directly to the of unit costs, resulting in an improving financial Deputy. outturn. This is reflected in the fact that the loss under casemix was less this year than last. I hope Health Services. this trend will continue and it will return to hav- ing a positive outturn. It should be noted that the 270. Mr. G. Mitchell asked the Ta´naiste and hospital has gained considerable funding over the Minister for Health and Children if the Health years from casemix. In 2004 alone it gained Service Executive will financially support persons almost \750,000. (details supplied) in Dublin 10. [2850/06] Minister of State at the Department of Health Alcohol Labelling. and Children (Mr. S. Power): The Deputy’s ques- 268. Caoimhghı´nO´ Caola´in asked the Ta´naiste tion relates to the management and delivery of and Minister for Health and Children if she health and personal social services, which are the intends to change the law to require that labels responsibility of the Health Service Executive be placed on alcoholic beverages warning of the under the Health Act 2004. Accordingly, the risks of foetal alcohol spectrum disorders; the Department has requested the parliamentary steps she is taking to prevent FASD; and if she affairs division of the executive to arrange to have will make a statement on the matter. [2846/06] this matter investigated and to have a reply issued directly to the Deputy. Minister of State at the Department of Health and Children (Mr. S. Power): This Department Accident and Emergency Services. has funded a research project which involves a 271. Mr. Blaney asked the Ta´naiste and Mini- review of maternal records held by the Coombe ster for Health and Children if the Health Service Women’s Hospital for the period 1996-2004. The Executive are considering erecting a portacabin aims of the project are to describe the prevalence on the grounds of Letterkenny General Hospital and patterns of alcohol and nicotine use in a sam- which will act as an extension to accident and ple of pregnant women in Ireland between 1986 emergency to ease the overcrowding situation in and 2004; to examine the association between a accident and emergency; if so, when she envisages set of pregnancy outcome indicators — birth this may happen; and if she will make a statement weight, Apgar score — and the consumption pat- on the matter. [2852/06] terns; and to examine how alcohol consumption in Ireland, in a sample of pregnant women, Ta´naiste and Minister for Health and Children relates to use in a similar population in other (Ms Harney): The Deputy’s question relates to countries. The results are expected to be available the management and delivery of health and per- later this year and will inform any future action sonal social services, which are the responsibility required. of the Health Service Executive under the Health The issue of the information contained on lab- Act 2004. Accordingly, my Department has els on alcoholic beverages was considered by the requested the parliamentary affairs division of working group on alcohol which was recently the executive to arrange to have this matter inves- established to help mobilise the stakeholders tigated and to have a reply issued directly to the through social partnership to achieve a targeted Deputy. and measurable reduction in alcohol misuse. The report recommended that a group, representative Health Services. of all relevant stakeholders, would be established to consider what useful information could be 272. Mr. Connolly asked the Ta´naiste and included on non-draft alcohol products, taking Minister for Health and Children the extent of account of international evidence. Any future the waiting list for orthodontic treatment; her action on the recommendations contained in that plans to reduce and eliminate this list; and if she report, including the issue of the information on will make a statement on the matter. [2866/06] labels, will involve consultation with all of the appropriate stakeholders. Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Medical Cards. the management and delivery of health and per- sonal social services, which are the responsibility 269. Mr. G. Mitchell asked the Ta´naiste and of the Health Service Executive under the Health Minister for Health and Children if the Health Act 2004. Accordingly, my Department has Service Executive will restore a medical card to a requested the parliamentary affairs division of person (details supplied) in Dublin 5. [2849/06] the executive to arrange to have this matter inves- 1399 Questions— 31 January 2006. Written Answers 1400
[Ms Harney.] blood and are of a giving nature they will prob- tigated and to have a reply issued directly to the ably donate their organs in the event of their Deputy. death (details supplied); and if she will make a statement on the matter. [2870/06] 273. Mr. Connolly asked the Ta´naiste and Minister for Health and Children her views on 277. Mr. Quinn asked the Ta´naiste and Mini- the shortage of radiographers here; her plans to ster for Health and Children her views on making address same; and if she will make a statement the necessary changes in legislation obliging on the matter. [2867/06] doctors to ask family members in a manner (details supplied) about organ donation in the Ta´naiste and Minister for Health and Children event of an untimely death on the basis that it (Ms Harney): The Deputy’s question relates to could increase the number of organs that become the management and delivery of health and per- available; and if she will make a statement on the sonal social services, which are the responsibility matter. [2871/06] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Ta´naiste and Minister for Health and Children requested the parliamentary affairs division of (Ms Harney): I propose to take Questions Nos. the executive to arrange to have this matter inves- 274 to 277, inclusive, together. tigated and to have a reply issued directly to the The annual organ donor awareness campaign, Deputy. The Deputy may wish to note, however, which is organised by the Irish Donor Network that efforts have been undertaken in recent years and administered by the Irish Kidney Associ- to improve staffing levels in radiography in the ation, highlights the necessity for organ donation public health service. The success of these generally. The campaign, which is supported by measures have contributed to an increase at end- my Department, highlights the need for organ September 2005 of 252 radiographers or 32% donors by promoting the carrying of an organ over the number employed at end-December donor card. I thank the Deputy for his sugges- 2000. There were 1,033 whole time equivalent tions with regard to increasing organ donation radiographers employed in the public health rates, and my Department will write to the Cen- service at end-September, 2005. In addition, the tral Statistics Office and the Irish Blood Trans- numbers of radiography training places in both fusion Service to ascertain their views on the the UCD diagnostic radiography course and the suggestions. TCD radiation therapy course have increased in There are two systems that can be used to recent years. In 2003, the annual intake of ascertain an individual’s wishes on organ students doubled to 40 in diagnostic radiography donation: the opt-in system and the opt-out and more than doubled in radiation therapy from system. The former system, which operates in this 10 to 25 in 2001. country, requires that the specific consent to donation of each person, or their relatives, be Organ Donation. obtained before organs or tissues are removed. 274. Mr. Quinn asked the Ta´naiste and Mini- The opt-out system presumes that all citizens con- ster for Health and Children her policy in relation sent to donation unless they have specifically to encouraging people to participate in organ expressed a wish to the contrary. donation programmes; if a system will be intro- The practice in this country is that, even when duced whereby there will be a national opt-out a person has indicated his or her willingness to scheme on the assumption that a person who had donate organs by way of carrying an organ donor not chosen to opt-out of the donor scheme are card, or a driving licence marked accordingly, the deemed to have given their consent in advance of consent of the next of kin is always sought. It is their death of being an organ donor. [2868/06] likely that this would continue to be the case in the event that the initiatives suggested by the 275. Mr. Quinn asked the Ta´naiste and Mini- Deputy are implemented. Even where opt-out ster for Health and Children if, to get more systems are in operation the relatives of the people into the present organ donation prog- deceased are approached as part of the donor ramme, she will arrange to have a question in the screening process to seek a medical history of any forthcoming census asking people to tick a box if high-risk behaviour. Thus, the relatives will they agree to be an organ donor and, from the always be aware that a donation is being con- information obtained, a comprehensive national sidered and can register an objection to the database will be established which can be donation. assessed by the medical profession in the event of The European Commission is considering the the possibility of organs becoming available; and question of a directive in respect of organ trans- if she will make a statement on the matter. plantation, including the issue of consent, and [2869/06] proposes to conduct a thorough scientific eval- uation of the situation. It will present a report on 276. Mr. Quinn asked the Ta´naiste and Mini- its analysis to the Council of the European Union ster for Health and Children if the Irish Blood and it is expected that this report will inform Transfusion Service will be asked to encourage decisions regarding the development of a legislat- their clients to complete organ donation cards on ive framework in this area. In the context of the basis that if they are prepared to donate their increasing the number of donor organs available 1401 Questions— 31 January 2006. Written Answers 1402 for transplant, the Health Service Executive has she envisages the proposed Ennis General been asked by the Department to undertake a Hospital development central plan will be com- review and analysis of the factors that impact on pleted and operational. [2880/06] organ procurement and retrieval rates in hospitals around the country. Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Hospital Services. the implementation of the capital programme for the health services, which is the responsibility of 278. Ms Harkin asked the Ta´naiste and Mini- the Health Service Executive under the Health ster for Health and Children if the Hanly report Act 2004. Accordingly, my Department has otherwise known as the Report of the National requested the parliamentary affairs division of Task Force on Medical Staffing is Government the executive to arrange to have this matter inves- policy. [2877/06] tigated and to have a reply issued directly to the Deputy. 279. Ms Harkin asked the Ta´naiste and Mini- ster for Health and Children if Ennis General Vaccination Programme. Hospital will retain 24 hour, seven day consult- ant-led accident and emergency services. 282. Mr. Naughten asked the Ta´naiste and [2878/06] Minister for Health and Children the number of children who received out-of-date polio vaccine 280. Ms Harkin asked the Ta´naiste and Mini- between January 1998 and December 2000 and ster for Health and Children if Ennis General who have now been revaccinated; and if she will Hospital will have full acute medical and acute make a statement on the matter. [2890/06] surgery services on site. [2879/06] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): I propose to take Questions Nos. the management and delivery of health and per- 278 to 280, inclusive, together. sonal social services, which are the responsibility The Report of the National Task Force on of the Health Service Executive under the Health Medical Staffing, Hanly report, made a series of Act 2004. Accordingly, my Department has important recommendations about the develop- requested the parliamentary affairs division of ment of hospital services. These covered issues the executive to arrange to have this matter inves- such as the changes needed in NCHD work pat- tigated and to have a reply issued directly to the terns; reform of medical education and training; Deputy. the need for a significantly revised contract for medical consultants and an increase in the 283. Mr. Naughten asked the Ta´naiste and number of consultants and the reorganisation of Minister for Health and Children the revised acute hospital services. systems and protocols that were put in place post My Department is working closely with the 2000 by the health boards to prevent the admini- HSE to build on, and progress, these recom- stration of out-of-date vaccine in the future; and mendations. Negotiations on a new contract for if she will make a statement on the matter. consultants have begun. It is important that a new [2891/06] contract be put in place as soon as possible. I also want the discussions which have been underway Ta´naiste and Minister for Health and Children for some time now about the work patterns of (Ms Harney): The Deputy’s question relates to NCHDs to be brought to a successful conclusion the management and delivery of health and per- at an early date. The Government last week con- sonal social services, which are the responsibility sidered a report from the medical education and of the Health Service Executive under the Health training group, Buttimer report, in relation to Act 2004. Accordingly, my Department has postgraduate medical education and training, requested the parliamentary affairs division of together with the Fottrell report on undergrad- the executive to arrange to have this matter inves- uate medical education and training. I will, tigated and to have a reply issued directly to the together with my colleague Deputy Hanafin, Deputy. Minister for Education and Science, make an announcement in the near future on the measures 284. Mr. Naughten asked the Ta´naiste and agreed on foot of these reports. Minister for Health and Children if the national These measures, combined with ongoing immunisation steering committee has made investment in acute hospital facilities, extra con- recommendations safeguarding against the use of sultant posts and the organisation of services out-of-date vaccines; if same has been around hospital networks, are designed to implemented; and if she will make a statement on provide patients with faster access to high quality the matter. [2892/06] consultant provided services. Ta´naiste and Minister for Health and Children (Ms Harney): The Health Service Executive, Hospitals Building Programme. which has statutory responsibility for the manage- 281. Ms Harkin asked the Ta´naiste and Mini- ment and delivery of health and personal social ster for Health and Children the year in which services, has provided the following information 1403 Questions— 31 January 2006. Written Answers 1404
[Ms Harney.] Ta´naiste and Minister for Health and Children regarding the national immunisation steering (Ms Harney): I propose to take Questions Nos. committee recommendations safeguarding 285 and 286 together. against the use of out of date vaccines. HSE staff Statistics on the incidences of cancer and the and general practitioners contracted by the HSE number of deaths from cancer, including breast provide immunisation as recommended by the and prostate cancers, are collated by the National national immunisation advisory committee and in Cancer Registry. My Department has asked the line with good clinical practice. A national review director of the registry to examine the issue raised of immunisation and vaccination programmes and reply directly to the Deputy. took place in 2001. One of the main recom- mendations of this report was the central control Cancer Research. and monitoring of all vaccines. 287. Mr. Naughten asked the Ta´naiste and In September 2004 a national vaccine cold Minister for Health and Children the funding chain delivery service was established. This cen- allocated by her Department for research into tralised system is managed through the HSE breast cancer in each year from 1995 to date in national population health directorate which 2006; the funding allocated for research into pros- oversees the procurement, ordering, distribution, tate cancer each year from 1995 to date in 2006; stock control and payment of all vaccines pro- and if she will make a statement on the vided by the HSE. The distribution of all vaccines matter. [2895/06] is carried out through a third party distribution system following a procurement process. All 288. Mr. Naughten asked the Ta´naiste and information is held on a database from which Minister for Health and Children the breakdown weekly and monthly reports are produced. The of the \3.6 million in awards made to the Ireland- main activities of the service include ordering all Northern Ireland National Cancer Institute Con- childhood vaccines; monitoring of all GP and sortium; the amount of this funding spent on HSE vaccine orders; monitoring and ensuring research for prostate cancer; and if she will make that all vaccines are stored and distributed within a statement on the matter. [2896/06] optimum temperature; monitoring all batch numbers of stock and expiry dates; detailing Ta´naiste and Minister for Health and Children receipt of all out-of-date vaccines returned from (Ms Harney): I propose to take Questions Nos. the HSE and GP surgeries; dealing with emer- 287 and 288 together. gency situations. The cold chain delivery of The Deputy’s questions relate to the statutory services is dedicated to ensuring that vaccines are functions of the health research board which are delivered and used in line with best practice. to promote, conduct, fund and commission medi- To safeguard against the use of out of date vac- cal, epidemiological and health services research cines a service is also provided for the return of in Ireland. Accordingly, my Department has out-of-date stock from each delivery site on a asked the HRB to examine these matters and to monthly basis. When an order is placed and deliv- provide the information directly to the Deputy. ered all sites are asked to return out of date stock. To safeguard further against use of out of date Cancer Screening Programme. stock, the delivery service wrote to all GPs and 289. Mr. Naughten asked the Ta´naiste and HSE sites in April 2005 specifically asking that all Minister for Health and Children the funding fridges be checked and that all out of date vac- allocated by her Department to the BreastCheck cines be collected, irrespective of vaccines type. programme in 2005; the amount earmarked for The response to this initiative was excellent with allocation in 2006; and if she will make a state- approximately 63,000 doses received. This initiat- ment on the matter. [2897/06] ive will be repeated again early in 2006. Ta´naiste and Minister for Health and Children Cancer Incidence. (Ms Harney): BreastCheck, the national breast 285. Mr. Naughten asked the Ta´naiste and screening programme is currently available to Minister for Health and Children the number of women in the 50 to 64 age group in the eastern, women diagnosed with breast cancer each year north-eastern, south-eastern and midland regions. My Department made revenue funding of from 1995 to date in 2006; the number of women \10.606 million available to BreastCheck in 2005 who have died from breast cancer each year from to support the programme. A once off capital 1995 to date in 2006; and if she will make a state- grant of \0.5 million was also made available to ment on the matter. [2893/06] purchase new digital mammography machines as part of BreastCheck’s replacement programme of 286. Mr. Naughten asked the Ta´naiste and analogue equipment. An additional once off capi- Minister for Health and Children the number of tal grant of \0.28 million was made available to men diagnosed with prostate cancer from 1995 to upgrade information technology equipment. date in 2006; the number of men who have died Planning is under way for the roll out of the scre- from prostate cancer each year from 1995 to date ening programme to the remaining regions in the in 2006; and if she will make a statement on the country. The Department’s letter of determi- matter. [2894/06] nation to BreastCheck for 2006 provides for an 1405 Questions— 31 January 2006. Written Answers 1406 allocation of \13.693 million. This includes Foreign Adoptions. revenue funding of \2.3 million to, inter alia, provide for the recruitment and training of staff 293. Dr. Upton asked the Ta´naiste and Mini- to commence the national roll out of the screen- ster for Health and Children the aspects of the ing programme in 2007. An additional \0.2 mil- draft protocol on adoption between Ireland and lion is being made available for improvements in Belarus which have been found to be incompat- radiographer ratios in the regions covered by the ible with Irish law; the further steps she has taken current programme. and which steps she intends to take to expedite agreement of such a protocol between Ireland Question No. 290 answered with Question and Belarus; if she has satisfied herself that the No. 196. Adoption Board is taking all appropriate steps in informing prospective adoptors of Belarus chil- 291. Mr. Naughten asked the Ta´naiste and dren of the status of negotiations regarding the Minister for Health and Children her plans to draft protocol on adoption between Ireland and introduce a national prostate cancer screening Belarus; and if she will make a statement on the programme; and if she will make a statement on matter. [2908/06] the matter. [2899/06] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): Representatives of the Adoption (Ms Harney): The chairman of the National Can- Board travelled to Belarus in October 2005. They cer Forum recently submitted a report entitled A met with officials of the national adoption centre Strategy for Cancer Control in Ireland, 2006. As and the Ministry of Justice. During the visit the part of the development of this strategy, the Belarusian officials presented the Adoption forum, a multi-disciplinary group of experts in Board with a draft protocol on inter-country oncology, reviewed all issues relating to screening adoption between Ireland and Belarus. Following and has developed criteria against which all examination of the protocol by the Adoption future screening programmes will be assessed. Board and the Attorney General a number of The forum has recommended that there is cur- constitutional and legislative concerns were rently insufficient evidence to recommend the raised. The board is currently attempting to find introduction of a population based prostate scre- ways to resolve the issues with the mutual agree- ening programme in this country. This issue ment of both parties. The Adoption Board is tre- should be reassessed when the results are avail- ating the agreement as a priority matter. The able from randomised trials currently being con- Deputy will be aware that the agreement is sub- ducted. This position is consistent with the recom- ject to sensitive international negotiation and it mendations adopted by the European Union would not be appropriate for me to go into any which advocate the introduction of cancer screen- further details at this time. ing programmes which have demonstrated their efficacy having regard to professional expertise and priority setting for health care resources. The Health Services. proposals do not provide for specific recom- 294. Mr. Sargent asked the Ta´naiste and Mini- mendations in respect of screening for prostate ster for Health and Children the current spend or cancer. Appropriate treatment for men diagnosed allocation to the various bodies dealing with the with prostate cancer is available at major Traveller community; the amount of the overall hospitals throughout the country. Any man who spend or allocation in each of the years from 2000 has concerns regarding prostate cancer should to date in 2006 in funding all services, projects, contact his GP who will, where appropriate, refer schemes, grants, loans and resources to the Trav- him to the appropriate services in his area. eller community; her views on whether the return on such spending has been satisfactory; and her Health Services. plans to improve the effectiveness of such 292. Mr. P. Breen asked the Ta´naiste and Mini- services. [2918/06] ster for Health and Children the reason a person (details supplied) in County Clare has been Ta´naiste and Minister for Health and Children refused dental treatment; and if she will make a (Ms Harney): Part of the Deputy’s question statement on the matter. [2900/06] regarding the current allocations to various bodies dealing with the Traveller community Ta´naiste and Minister for Health and Children relates to the management and delivery of health (Ms Harney): The Deputy’s question relates to and personal social services, which are the the management and delivery of health and per- responsibility of the Health Service Executive sonal social services, which are the responsibility under the Health Act 2004. Accordingly, my of the Health Service Executive under the Health Department has requested the parliamentary Act 2004. Accordingly, my Department has affairs division of the executive to arrange to have requested the parliamentary affairs division of this matter investigated and to have a reply issued the executive to arrange to have this matter inves- directly to the Deputy. tigated and to have a reply issued directly to the Since 2000 over \9.6 million in ongoing Deputy. revenue funding has been allocated to traveller 1407 Questions— 31 January 2006. Written Answers 1408
[Ms Harney.] sonal social services, which are the responsibility specific health services such as the appointment of the Health Service Executive under the Health of designated public health nurses for travellers Act 2004. Accordingly, my Department has and the replication of primary health care for requested the parliamentary affairs division of Traveller projects. This funding is allocated the executive to arrange to have this matter inves- through the Traveller health units in each Health tigated and to have a reply issued directly to the Service Executive area. Travellers and Traveller Deputy. organisations are involved in partnership with HSE personnel through each Traveller health Health Projects. unit in the development of Traveller health services and in the allocation of resources. 297. Mr. Lowry asked the Ta´naiste and Mini- ster for Health and Children, further to corre- Additional funding allocated to Traveller specific health spondence (details supplied), when a decision to services since 2000. approve a project will be made by the national hospital office of her Department. [2945/06] Year Additional Annual Cumulative Total Funding Ta´naiste and Minister for Health and Children (\millions) (\millions) (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- 2000 1.14 1.14 sonal social services, which are the responsibility 2001 1.27 2.41 of the Health Service Executive under the Health 2002 1.90 4.31 Act 2004. This includes responsibility for con- 2003 1.02 5.33 sidering new capital proposals or progressing 2004 1.20 6.53 those in the health capital programme. Accord- 2005 1.10 7.63 ingly, my Department has requested the parliamentary affairs division of the executive to 2006 2.00 9.63 arrange to have this matter investigated and to have a reply issued directly to the Deputy. A Travellers’ all-Ireland health study will com- mence later this year and the findings of this Health Services. study will determine the future direction of Trav- eller health services. 298. Dr. Upton asked the Ta´naiste and Mini- ster for Health and Children if the Health Service Post-Mortem Results. Executive has initiated a review of the fee arrangements in place for the provision of chirop- 295. Mr. McEntee asked the Ta´naiste and ody services; if not, when such a review will be Minister for Health and Children the average initiated and when such a review, whether or not time for the results of post-mortem to be avail- already initiated will be concluded; if, pending the able in each of the Health Service Executive outcome of that review, a procedure will be put areas; and if she will make a statement on the in place whereby top-up fees paid by medical card matter. [2922/06] holders over the age of 65 years old for chiropody services will be refunded; and if she will make a Ta´naiste and Minister for Health and Children statement on the matter. [2946/06] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- sonal social services, which are the responsibility Ta´naiste and Minister for Health and Children of the Health Service Executive under the Health (Ms Harney): The Deputy’s question relates to Act, 2004. Accordingly my Department has the management and delivery of health and per- requested the parliamentary affairs division of sonal social services, which are the responsibility the executive to arrange to have this matter inves- of the Health Service Executive under the Health tigated and to have a reply issued directly to the Act 2004. Deputy. There is no statutory obligation on the HSE to provide chiropody services to GMS patients. Health Service Expenses. However, in practice arrangements are made to provide these services. Before the establishment 296. Mr. Wall asked the Ta´naiste and Minister of the HSE the nature of the arrangements for for Health and Children the reason a person chiropody and the level of service provided was (details supplied) in County Kildare has not had a matter for individual health boards and so a their expenses awarded by the Health Service degree of variation in practice developed over Executive; and if she will make a statement on time. Priority is usually given to certain groups the matter. [2928/06] of people, including people who are medical card holders aged 65 years and over. In several regions Ta´naiste and Minister for Health and Children the service is provided by private chiropodists by (Ms Harney): The Deputy’s question relates to arrangement with the HSE. the management and delivery of health and per- 1409 Questions— 31 January 2006. Written Answers 1410
I consider that it is inappropriate for private youth work, sports and voluntary sectors, among chiropodists who are providing services on behalf others. of the HSE to charge patients a top-up fee, and I To provide for the increase in demand associ- have conveyed this view formally to the HSE. My ated with such an expansion in the availability of Department requested the HSE to initiate a vetting, the working group made a number of review of the fee arrangements in place for the recommendations. I am pleased that the central provision of chiropody services, with a view to vetting unit has now been successfully transferred ensuring that such additional fees will no longer to new, custom-designed office accommodation be levied on persons in receipt of this service. The in Thurles, County Tipperary, from where it will HSE has recently advised me that it has initiated soon complete expansion of its vetting service. I a review of chiropody services. can also confirm that, during its expansion, the matter of the adequacy of staff resources will be Community Care. kept under constant review. The strategy is being overseen by an implemen- 299. Mr. Connolly asked the Ta´naiste and tation group on Garda vetting comprising key Minister for Health and Children the care prog- stakeholders, including the education, health, ramme envisaged for a person (details supplied) childcare and sports sectors, as well as Mr. Paul in Dublin 5; and if she will make a statement on Gilligan, CEO of the ISPCC. The implemen- the matter. [2964/06] tation group is overseeing the implementation of the practical recommendations of the report of Ta´naiste and Minister for Health and Children the working group. Implementation issues (Ms Harney): The Deputy’s question relates to include the training of the additional staff, accom- the management and delivery of health and per- modation matters, financial management sonal social services, which are the responsibility arrangements, work process re-engineering and of the Health Service Executive under the Health the preparation of client organisations and sec- Act 2004. Accordingly, my Department has tors for the availability of vetting. In terms of requested the parliamentary affairs division of overall prioritisation across sectors, the central the HSE to arrange to have this matter investi- vetting unit will roll out its vetting service in the gated and to have a reply issued directly to the chronological order that each sector completes its Deputy. own preparatory actions.
Child Care Services. Foster Care. 300. Mr. Perry asked the Ta´naiste and Minister 301. Caoimhghı´nO´ Caola´in asked the Ta´naiste for Health and Children the avenues persons and Minister for Health and Children if social (details supplied) have to pursue to get clearance worker support for foster parents is available on for the operation of their cre`che and Montessori; weekends or after 5.30 p.m. on weekdays and if and if she will make a statement on the not, her plans to change this. [2967/06] matter. [2966/06] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): Garda vetting is currently not gen- the management and delivery of health and per- erally available in respect of childcare services. sonal social services, which are the responsibility In respect of the Equal Opportunities Childcare of the Health Service Executive under the Health Programme 2000-2006, where that makes a con- Act 2004. Accordingly, my Department has tribution towards the staffing costs of certain requested the parliamentary affairs division of workers working directly with children, it is a the HSE to arrange to have this matter investi- condition of the programme that such staff “must gated and to have a reply issued directly to the have any clearance prescribed by the Department Deputy. of Justice, Equality and Law Reform”. The requirement of the programme only relates to Community Care. such workers, and not to other people who may 302. Mr. Durkan asked the Ta´naiste and Mini- be present in the facility. ster for Health and Children if continued respite Last year, an inter-agency working group on care can or will be offered to a person (details Garda vetting reported with a clear and focused supplied) who currently receives four night res- strategy for enhancing national vetting arrange- pite care associated with the school; and if she ments from a child protection perspective. This will make a statement on the matter. [2983/06] strategy provided for an expansion in the criminal record vetting service provided by the Garda cen- Ta´naiste and Minister for Health and Children tral vetting unit to all organisations which recruit (Ms Harney): The Deputy’s question relates to persons having substantial, unsupervised access the management and delivery of health and per- to children and vulnerable adults. This has signifi- sonal social services, which are the responsibility cant implications for the education, childcare, of the Health Service Executive under the Health 1411 Questions— 31 January 2006. Written Answers 1412
[Ms Harney.] stances and the effective date of the revised Act 2004. Accordingly, my Department has arrangements is 20 October 2005. requested the parliamentary affairs division of the HSE to arrange to have this matter investi- Health Service Staff. gated and to have a reply issued directly to the Deputy. 305. Dr. Twomey asked the Ta´naiste and Mini- ster for Health and Children the number of neuro-radiologists here; the areas in which they Hospital Staff. are based; and if she will make a statement on 303. Mr. Durkan asked the Ta´naiste and Mini- the matter. [3148/06] ster for Health and Children if a person (details supplied) in Dublin 4 can accept secondment to a Ta´naiste and Minister for Health and Children hospital in the west of Ireland to cover maternity (Ms Harney): The Deputy’s question relates to leave; and if she will make a statement on the the management and delivery of health and per- matter. [2984/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): The Deputy’s question relates to requested the parliamentary affairs division of the management and delivery of health and per- the HSE to arrange to have this matter investi- sonal social services, which are the responsibility gated and to have a reply issued directly to the of the Health Service Executive under the Health Deputy. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Mental Health Services. the HSE to arrange to have this matter investi- 306. Dr. Twomey asked the Ta´naiste and Mini- gated and to have a reply issued directly to the ster for Health and Children if the Health Service Deputy. Executive southern region has received funding to use the Atlantic Lodge to provide mental Pension Provisions. health services at community level in County 304. Dr. Twomey asked the Ta´naiste and Mini- Kerry; and if she will make a statement on the ster for Health and Children the reason nurses matter. [3149/06] affected by the abatement of pensions for employed pensioners have not received repay- Ta´naiste and Minister for Health and Children ment of deducted pensions during the period 1 (Ms Harney): The Deputy’s question relates to May 2005 to 20 October 2005; and if she will the management and delivery of health and per- make a statement on the matter. [3147/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): The Pensions (Abatement) Act requested the parliamentary affairs division of 1965 provides the legislative basis for the suspen- the HSE to arrange to have this matter investi- sion or reduction of an allowance or pension gated and to have a reply issued directly to the where, after retirement, a scheme pensioner is Deputy. employed in an agency or organisation in which the superannuation scheme paying the pension Hospitals Building Programme. applies. Remuneration plus pension for the speci- 307. Dr. Twomey asked the Ta´naiste and Mini- fied period should not exceed the up-rated ster for Health and Children the way in which the remuneration for the post from which the pen- former North Western Health Board built its new sioner retired. headquarters at Manorhamilton; if such funding The calculation of pension abatement in the was approved by her Department; the services health sector was raised with me in the context which were not delivered in the North Western of the lack of nursing graduates from the Irish Health Board area to fund this project; and if she education system in 2005. This gap arises because will make a statement on the matter. [3150/06] the three year diploma programme ended in 2004 and the first graduates of the four year degree Ta´naiste and Minister for Health and Children programme will graduate this year, 2006. I (Ms Harney): The Deputy’s question relates to requested that my Department review this matter the management and delivery of health and per- and a revised circular 21/2005 was issued in sonal social services, which are the responsibility October 2005. The new arrangements mean that, of the Health Service Executive under the Health in effect, pensioners working in agencies or Act 2004. This includes responsibility for the pro- organisations covered by the scheme from which ject referred to by the Deputy. The project was their pensions are paid, can earn up to 50% of the planned and delivered by the North Western uprated remuneration of the former post, before Health Board. It was not included in, nor funded abatement applies. These changes were intro- by, the capital programme administered by my duced in response to a particular set of circum- Department. Accordingly, my Department is 1413 Questions— 31 January 2006. Written Answers 1414 requesting the parliamentary affairs division of 310. Mr. Crowe asked the Ta´naiste and Mini- the HSE to arrange to have this matter investi- ster for Health and Children if, in view of the fact gated and to have a reply issued directly to the that persons using cocaine are presenting them- Deputy. selves as poly-substance abusers with heroin being their main problem drug, this reflects a Services for People with Disabilities. problem with regard to an incentive to come for- ward for treatment for persons solely addicted to 308. Mr. Hayes asked the Ta´naiste and Mini- cocaine in view of the fact that there is not an ster for Health and Children further to equivalent for the methadone programme that Parliamentary Question No. 410 of 28 September can be applied to cocaine addicts; and if so, the 2005, the progress which has been made by the options which are being considered. [36831/05] Working Group on Cystic Fibrosis since November 2005; when the recommendations will Ta´naiste and Minister for Health and Children be published; and if an implementation plan will (Ms Harney): The Deputy’s question relates to be published in conjunction with the recom- the management and delivery of health and per- mendations. [3151/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): As part of the overall funding for requested the parliamentary affairs division of health services in 2006, additional revenue fund- the HSE to arrange to have this matter investi- ing of \4.78 million has been allocated specifically gated and to have a reply issued directly to the for the development of cystic fibrosis services. Deputy. I wish to see significant improvement this year in the level of services available to persons with 311. Mr. Crowe asked the Ta´naiste and Mini- cystic fibrosis. The current service deficits in this ster for Health and Children when she envisages area are widely acknowledged and have been the provision of a specialist stimulant treatment identified most notably in the Pollock report, and service; and if she accepts the need for same. by the Health Service Executive working group [36832/05] which is looking at this issue. My Department is advised that the working group is due to report Ta´naiste and Minister for Health and Children shortly and will be making specific recom- (Ms Harney): The Deputy’s question relates to mendations in relation to a range of service the management and delivery of health and per- improvements required for persons with cystic sonal social services, which are the responsibility fibrosis, in particular the need to increase the of the Health Service Executive under the Health level of clinical, nursing and allied health pro- Act 2004. Accordingly, my Department has fessional staffing in CF units around the country. requested the parliamentary affairs division of As part of the implementation process I have the HSE to arrange to have this matter investi- asked the HSE to address in particular the iden- gated and to have a reply issued directly to the tified deficits at the national adult referral centre Deputy. at St. Vincent’s University Hospital in Dublin. The publication of the working group report is Health Services. a matter for the HSE and accordingly, my 312. Mr. Naughten asked the Ta´naiste and Department has requested the parliamentary Minister for Health and Children the status of an affairs division of the Executive to arrange to application to develop a new health centre in Bal- have this matter investigated and to have a reply laghaderreen, County Roscommon; her plans to issued directly to the Deputy. progress the application; and if she will make a statement on the matter. [3171/06] National Drugs Strategy. 309. Mr. Crowe asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the steps being (Ms Harney): The Deputy’s question relates to taken to provide a pre-residential stabilisation the management and delivery of health and per- unit for cocaine addicts. [36835/05] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): The Deputy’s question relates to requested the parliamentary affairs division of the management and delivery of health and per- the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the sonal social services, which are the responsibility Deputy. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Services for People with Disabilities. the HSE to arrange to have this matter investi- 313. Ms C. Murphy asked the Ta´naiste and gated and to have a reply issued directly to the Minister for Health and Children the number of Deputy. court actions regarding the provision of resources 1415 Questions— 31 January 2006. Written Answers 1416
[Ms C. Murphy.] cases to obtain specific educational services for such as speech and language therapy, occu- their children. Since 2000, my Department has pational therapy and psychological services relat- been involved in 142 cases in which applicants are ing to primary school students with special needs seeking access to such appropriate education which her Department has been involved in for services. In cases involving children with dis- each year from 2000 to date; the number of these abilities this also includes, on occasion, access to actions which progressed to the hearing stage; the appropriate health related supports. These cases number of cases that resulted in the provision, by are broken down as follows: 2000, 36 cases — 15 her Department, of the resources sought by the judicial review, 21 plenary; 2001, 32 cases — 11 plaintiffs; the costs which were incurred by her judicial review, 11 plenary; 2002, 35 cases — 15 Department in responding to these court actions; judicial review, 20 plenary; 2003, 18 cases — and if she will make a statement on the seven judicial review, 11 plenary; 2004, 12 cases matter. [3173/06] — five judicial review, seven plenary; and 2005, nine cases — five judicial review, four plenary. 314. Ms C. Murphy asked the Ta´naiste and I am unable to say how many of these cases Minister for Health and Children the number of relate to primary or post-primary students. Due court actions regarding the provision of resources to the manner in which the judicial system such as speech and language therapy, occu- operates, it can be some time before a case is pational therapy and psychological services relat- entered. Furthermore, a number of the students ing to secondary school students with special would not be attending traditional primary or needs which her Department has been involved post-primary schools or other educational facili- in during each year from 2000 to date; the ties due to the nature of their disability. number of these actions which progressed to the In that time, five cases have proceeded to full hearing stage; the number of cases that resulted hearing. One of these cases was settled during the in the provision, by her Department, of the hearing. Of the other cases which proceeded to resources sought by the plaintiffs; the costs which full hearing, the court ruled in favour of the State were incurred by her Department in responding on two occasions, one case was successfully to these court actions; and if she will make a appealed by the State to the Supreme Court and statement on the matter. [3174/06] a further case has yet to be determined. A number of other cases which commenced prior to Minister of State at the Department of Health 2000 are also being dealt with in my Department. and Children (Mr. T. O’Malley): I propose to The cost to my Department, excluding the costs take Questions Nos. 313 and 314 together. of the State defence which is borne by the Office Since the late 1990s, a number of parents of of the Chief State Solicitor, in each of the years children with autism began to take High Court since 2000 was as follows:
2000 2001 2002 2003 2004 2005
\\\\\\
Legal Costs Nil Nil 2,492,579 1,339,660 2,741,436 Settlements Nil 4,739 438,450 297,106 297,181 290,987
Total Nil 4,739 438,450 2,789,685 1,636,841 3,032,423
It should be noted that these figures do not 2005. Pursuant to the Health Act 2004, the HSE include the costs of staff involved in responding has the responsibility to manage and deliver, or to these cases. arrange to be delivered on its behalf, health and These cases are, in the main, taken against the personal social services. This includes responsi- Department of Education and Science and allege bility for all health related supports. As such, my a failure on behalf of the State to provide for an Department does not have responsibility in the appropriate education as provided for in the Con- provision of services to individuals. In a number stitution. While these cases are mainly taken by of the cases the Health Service Executive is also parents of children with autism, there are also a named as a co-defendant. number of cases relating to ADHD, intellectual, There has been significant progress made over physical and sensory disabilities. the past number of years in enhancing and The Deputy should note that my Department developing services for people with disabilities. is not specifically named as a defendant in all of An integral part of the national disability strategy these cases but is involved due to the role of my is the implementation of two major legislative Department in the formulation and development measures, the Disability Act 2005 and the Edu- of policy in respect of the provision of health care cation for Persons with Special Educational and support services. The Health Act 2004 pro- Needs Act 2004, both of which provide a frame- vided for the creation of the Health Service work for the planning and delivery of health and Executive, which was established on 1 January 1417 Questions— 31 January 2006. Written Answers 1418 personal social services and education services for Nursing Home Charges. people with disabilities. 317. Mr. Ring asked the Ta´naiste and Minister The multi-annual investment programme pub- for Health and Children when persons (details lished by the Government in December 2004 as supplied) in County Mayo will receive refunds of part of the national disability strategy contained nursing home charges. [3200/06] details of specific commitments for the provision of specific high priority disability services over Ta´naiste and Minister for Health and Children the period 2006 to 2009. The programme, (Ms Harney): The general rules and policy relat- together with the enhancement of other key sup- ing to the national repayment scheme have been port services, is a key factor in building the set out in previous parliamentary questions. additional capacity required to put in place the These can be made available to the Deputy new framework provided for in the Disability Act should he require them. and the Education for Persons with Special Edu- As the Health Service Executive has responsi- cational Needs Act. The funding provided for in bility for administering the scheme, inquiries the national disability strategy amounts to \900 relating to individual cases are referred to the million over the period 2006-09. In addition to parliamentary affairs division of the executive. the costs associated with this programme, which My Department has asked the HSE to arrange to amount to \59 million in 2006, a further have this matter investigated and to have a reply additional \41 million is being provided this year, issued directly to the Deputy. the bulk of which will be used to enhance the level and range of multidisciplinary support Hospital Staff. services available to adults and children with 318. Caoimhghı´nO´ Caola´in asked the Ta´naiste intellectual, physical and sensory disabilities, and Minister for Health and Children if, in view autism and mental illness, with a priority on of the crisis situation in the national neurosurgery enhancing the assessment and support services centre at Beaumont Hospital, she will provide for for children with disabilities. the immediate appointment of the additional I am satisfied that the level of investment in neuro-surgeons required and for increased co- disability services demonstrates that the Govern- operation with the health services in the Six ment is committed to the provision of appropriate Counties in this area of health care. [3222/06] services to enhance capacity within the health services to deliver on the various legislative pro- Ta´naiste and Minister for Health and Children visions contained in the national disability (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- strategy. This includes continued enhancements sonal social services, which are the responsibility to services to allow children with disabilities par- of the Health Service Executive under the Health ticipate in the education system. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Nursing Home Subventions. the executive to arrange to have this matter inves- 315. Mr. G. Murphy asked the Ta´naiste and tigated and to have a reply issued directly to the Minister for Health and Children the number of Deputy. people who have been deemed as qualifying Question No. 319 answered with Question applicants for nursing homes in the southern No. 257. health service region on 31 December 2005; if these people had qualified prior to any changes Mental Health Services. in budget 2006 and if the only reason that pay- ment was not being made was lack of funding 320. Mr. J. Breen asked the Ta´naiste and Mini- from her Department. [3178/06] ster for Health and Children the reason there are no statistics available on the number of children Minister of State at the Department of Health effected by autism here; and if she will make a and Children (Mr. S. Power): The Deputy’s ques- statement on the matter. [3230/06] tion relates to the management and delivery of health and personal social services, which are the 338. Mr. Durkan asked the Ta´naiste and Mini- responsibility of the Health Service Executive ster for Health and Children the research which under the Health Act 2004. Accordingly, the has been undertaken in regard to the high incid- Department has requested the parliamentary ence of autism here; and if she will make a state- affairs division of the executive to arrange to have ment on the matter. [3261/06] this matter investigated and to have a reply issued Minister of State at the Department of Health directly to the Deputy. and Children (Mr. T. O’Malley): I propose to take Questions Nos. 320 and 338 together. Question No. 316 answered with Question There has been an increase in recent years in No. 136. the numbers of children being diagnosed with 1419 Questions— 31 January 2006. Written Answers 1420
[Mr. T. O’Malley.] Minister of State at the Department of Health autism in Ireland. Similar increases have also and Children (Mr. S. Power): The Deputy’s ques- been experienced in other European countries tion relates to the management and delivery of and in the USA. The diagnosis of autism is a clini- health and personal social services, which are the cal one, that is, it is based on a variety of obser- responsibility of the Health Service Executive vations rather than any defined laboratory inves- under the Health Act 2004. Accordingly, the tigation. Hence the evolving concept of an Department has requested the parliamentary “autistic spectrum” which stretches from those affairs division of the executive to arrange to have severely affected to those with only mild this matter investigated and to have a reply issued disability. directly to the Deputy. There is increasing recognition of autism in Ireland and other countries. What is not clear, Hospital Services. however, is whether the increase is due to a greater awareness leading to better ascertainment 322. Dr. Upton asked the Ta´naiste and Mini- or whether there is actually a true increase in the ster for Health and Children, further to Questions prevalence of autism. It is, however, recognised Nos. 218 and 238 of 22 November 2005, if all that the epidemiology of ASD is undergoing organs, and specifically lungs, donated here are rapid change due in whole or part to better ascer- first made available to the Mater transplant unit tainment and re-clarification. For general pur- for the transplantation programme in the Mater poses, a figure of 0.3%-0.6% has been suggested Hospital; if only those organs that are not suitable for the overall prevalence of autistic spectrum to the Mater Hospital are subsequently made disorders, ASD. This figure includes high func- available to Newcastle Hospital; and if she will tioning autism and Asperger’s syndrome. make a statement on the matter. [3236/06] There are currently no national statistics avail- able in Ireland. The health services have, at 323. Dr. Upton asked the Ta´naiste and Mini- regional level, in recent years been expanding the ster for Health and Children if Irish patients suf- level of information available to them on the fering from cystic fibrosis who are on the trans- numbers and needs of persons with autism in plant list are disadvantaged since the new formal their regions. While some persons with autism, arrangements for organ donations have been put who also have an intellectual disability, are in place between the Mater and Newcastle included on the national intellectual disability Hospital; and if she will make a statement on the database, it does not contain information on this matter. [3237/06] group as a whole. In addition, while the database provides information relating to the level of 324. Dr. Upton asked the Ta´naiste and Mini- services being provided and current and future ster for Health and Children the number of lung needs, it does not identify persons with specific transplants for Irish patients which were carried disabilities such as Down’s syndrome or autism. out in Newcastle Hospital in 2003, 2004 and 2005; Its principal role is as a planning and monitoring and if she will make a statement on the instrument. matter. [3238/06] The Department of Health and Children and the Heath Service Executive, together with the 325. Dr. Upton asked the Ta´naiste and Mini- Health Research Board, which manages the ster for Health and Children the parties which are national disability databases on behalf of the involved in the formal arrangement that is in Department, have been investigating the possi- place between the UK transplant programme and bility of establishing an information system which the Mater Hospital organ retrieval team; if the would give a level of information on the numbers formal arrangement involves her Department, and needs of persons with autism, similar to that the Health Service Executive or others; and if she already available from the national intellectual will make a statement on the matter. [3239/06] disability database. This issue is now being exam- ined in the context of the overall information 326. Dr. Upton asked the Ta´naiste and Mini- requirements set out in section 13 of Part 2 of the ster for Health and Children if the formal Disability Act 2005. arrangement between the UK transplant prog- ramme and the Mater Hospital retrieval team is a written agreement; if the agreement is open to Health Service Grants. viewing by the public or interested and concerned 321. Ms B. Moynihan-Cronin asked the parties; and if she will make a statement on the Ta´naiste and Minister for Health and Children matter. [3240/06] the funding which has been made available to the Health Services Executive southern area to Ta´naiste and Minister for Health and Children enable curam grants which have been approved (Ms Harney): I propose to take Questions Nos. in 2005 but to date in 2006 have not been 322 to 326, inclusive, together. awarded to applicants due to lack of funding; and The Deputy’s questions relate to the manage- if she will make a statement on the matter. ment and delivery of health and personal social [3231/06] services, which are the responsibility of the 1421 Questions— 31 January 2006. Written Answers 1422
Health Service Executive under the Health Act Health Services. 2004. The parties to the agreement referred to by 330. Mr. F. McGrath asked the Ta´naiste and the Deputy are the HSE and the Freeman Minister for Health and Children the reason a Hospital, Newcastle. Accordingly, my Depart- person (details supplied) in Dublin 5 was dis- ment has requested the parliamentary affairs div- charged early from hospital without proper sup- ision of the executive to arrange to have these ports; and if this person will receive the maximum matters investigated and to have a reply issued support and assistance. [3251/06] directly to the Deputy. Ta´naiste and Minister for Health and Children Question No. 327 answered with Question (Ms Harney): The Deputy’s question relates to No. 159. the management and delivery of health and per- sonal social services, which are the responsibility Nursing Home Subventions. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has 328. Mr. Neville asked the Ta´naiste and Mini- requested the parliamentary affairs division of ster for Health and Children her plans to increase the executive to arrange to have this matter inves- nursing home subvention (details supplied). tigated and to have a reply issued directly to the [3247/06] Deputy.
Minister of State at the Department of Health 331. Ms B. Moynihan-Cronin asked the and Children (Mr. S. Power): The Nursing Home Ta´naiste and Minister for Health and Children (Subvention) Regulations 1993 are administered the ratio of doctors to beds available for patients by the Health Service Executive. There are cur- in Kerry General Hospital and in Cork Regional rently three rates of subvention payable, \114.30, Hospital; and if she will make a statement on the \152.40 and \190.50 for the three levels of depen- matter. [3252/06] dency which are medium, high and maximum. Included in these payments is an increase of 25% Ta´naiste and Minister for Health and Children which came into effect in April 2001. There are (Ms Harney): The Deputy’s question relates to no plans to increase the subvention rates at the management and delivery of health and per- present. sonal social services, which are the responsibility The HSE has discretion to pay more than the of the Health Service Executive under the Health maximum rate of subvention relative to an indi- Act 2004. Accordingly, my Department has vidual’s level of dependency in a case, for requested the parliamentary affairs division of example, where personal funds are exhausted. the executive to arrange to have a reply issued The application of these provisions in an individ- directly to the Deputy. ual case is a matter for the HSE in the context of meeting increasing demands for subvention, sub- 332. Ms B. Moynihan-Cronin asked the ject to the provisions of the Health Act 2004. The Ta´naiste and Minister for Health and Children average rate of subvention paid by the HSE gen- the ratio of nurses to beds available for patients in Kerry General Hospital and in Cork Regional erally exceeds the current approved basic rates. Hospital; and if she will make a statement on the matter. [3253/06] Compensation Claims. 329. Mr. Stagg asked the Ta´naiste and Minister Ta´naiste and Minister for Health and Children for Health and Children the reason the once off (Ms Harney): The Deputy’s question relates to ex gratia payment of \2,000 in respect of nursing the management and delivery of health and per- home fees has not been awarded to a person sonal social services, which are the responsibility (details supplied). [3248/06] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Ta´naiste and Minister for Health and Children the executive to have a reply issued directly to (Ms Harney): The general rules and policy relat- the Deputy. ing to the ex gratia payment scheme have been set out in previous parliamentary questions. 333. Ms B. Moynihan-Cronin asked the These can be made available to the Deputy Ta´naiste and Minister for Health and Children should he require them. the number of places available in hospitals in As the Health Service Executive has responsi- County Kerry for children and adolescents under bility for administering the ex gratia scheme, 16 who are mental health patients; and if she will inquiries relating to individual cases are referred make a statement on the matter. [3254/06] to the parliamentary affairs division of the execu- tive. My Department has asked the HSE to Minister of State at the Department of Health arrange to have this matter investigated and to and Children (Mr. T. O’Malley): The Deputy’s have a reply issued directly to the Deputy. question relates to the management and delivery 1423 Questions— 31 January 2006. Written Answers 1424
[Mr. T. O’Malley.] visions contained in the national disability of health and personal social services, which are strategy. the responsibility of the Health Service Executive The management and delivery of health and under the Health Act 2004. Accordingly, my personal social services in individual cases is a Department has requested the parliamentary matter for the relevant HSE area. affairs division of the executive to arrange to have Capital funding amounting to \55 million is this matter investigated and to have a reply issued also being provided in 2006 to support these directly to the Deputy. developments.
Services for People with Disabilities. Health Services. 334. Mr. Durkan asked the Ta´naiste and Mini- 335. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children if she has satisfied ster for Health and Children the areas in which herself regarding the adequacy of respite care for the facilities for tuberculosis and respiratory care parents and carers of children and adults with previously available at Peamount Hospital are special needs; and if she will make a statement on located; the extent and availability of such facili- the matter. [3257/06] ties; and if she will make a statement on the matter. [3258/06] Minister of State at the Department of Health and Children (Mr. T. O’Malley): The Govern- Ta´naiste and Minister for Health and Children ment has invested significant resources in recent (Ms Harney): The Deputy’s question relates to years in the development of additional respite the management and delivery of health and per- facilities for people with physical, sensory and sonal social services, which are the responsibility intellectual disabilities and those with autism. of the Health Service Executive under the Health This funding has meant that a range of respite Act 2004. Accordingly, my Department has services, including centre based and day respite, requested the parliamentary affairs division of is being provided around the country. For the executive to arrange to have this matter inves- example, the 2005 annual report from the tigated and to have a reply issued directly to the national intellectual disability database indicates Deputy. an increase of 359.7% in the number of individ- uals availing of centre based respite services Mental Health Services. either as a planned or emergency intervention, 336. Mr. Durkan asked the Ta´naiste and Mini- bringing the total number of availing of respite ster for Health and Children if she has satisfied services in 2005 to 4,004. herself regarding the adequacy of the community As the Deputy is aware an integral part of the care facilities in the event of recent announce- national disability strategy is the multiannual ments on the closure of psychiatric hospitals; if investment programme, published in December the sale of the hospital will have a direct and 2004 by the Government, which contains details improving impact on the quality of care for the of specific commitments in relation to the pro- patients other than the financial benefit to her vision of specific high priority disability services Department; and if she will make a statement on over the period 2006-09. These commitments the matter. [3259/06] include the development of new residential, res- pite and day places for persons with intellectual 337. Mr. Durkan asked the Ta´naiste and Mini- disability and autism in each of the years covered ster for Health and Children if, in the event of by the programme. the proposed closure of the psychiatric hospitals, Additional funding amounting to \59 million is a guarantee will be given that all of the proceeds being provided in 2006 to meets costs associated from any sale will go directly to the provision of with the various elements of this programme. community care services for the patients; and if This funding will be used to put in place 255 new she will make a statement on the matter. residential places, 85 new respite places and 535 [3260/06] new day places for persons with intellectual dis- ability and those with autism, and also to progress Minister of State at the Department of Health the programme to transfer persons with intellec- and Children (Mr. T. O’Malley): I propose to tual disability or autism from psychiatric hospitals take Questions Nos. 336 and 337 together. and other inappropriate placements. The report of the expert group on mental In addition to the specific high profile disability health policy, A Vision for Change, was launched services which are included in the programme on 24 January. This policy envisions an active, outlined, further additional funding amounting to flexible and community-based mental health \41 million is being provided to enhance the service where the need for hospital admission will multidisciplinary support services for people with be greatly reduced. It will require substantial disabilities in line with the Government’s commit- funding, but there is considerable equity in build- ment to build capacity within the health services ings and lands within the current mental health in order to deliver on the various legislative pro- system, which could be realised to fund this plan. 1425 Questions— 31 January 2006. Written Answers 1426
Therefore, this report recommends that steps be Deputy in regard to the issues raised. The Deputy taken to bring about the closure of all psychiatric will be aware however of the substantial increases hospitals and to re-invest the resources released in health service staffing over recent years in line by these closures in the mental health service. with service developments. Further information is The closure of large mental hospitals and the given in the following paragraph on overall move to modern units attached to general increases and in regard to increases in numbers hospitals, together with the expansion of com- of key personnel. munity services, has been Government policy My Department’s health service employment since the publication of Planning for the Future census encompasses staff employed by the Health in 1984. Service Executive, the voluntary hospitals and In A Vision for Change, a four-stage process is some intellectual disability agencies. The health recommended for the closure of the hospitals as service employment census shows a total of follows: to identify measures required to enable 101,513 wholetime equivalent staff, excluding admission to cease and put these measures in home helps, at end September 2005. This com- place, to cease admissions to the hospital and pares with a total of 81,513 at end December 2000 draw up plans for relocation of existing patients, and represents an increase of 20,000 or 24.5%. to implement plans for the relocation of existing There has been an increase of 1,511 or 26.5% in patients and final closure of the hospital. medical and dental personnel, an increase of The report emphasises that this process should 5,701 or 19.5% in nursing personnel and an take place on a phased basis with wards closing increase of 6,052 or 79.4% in health and social sequentially. The Health Service Executive has care personnel over end-2000 figures. stated that it anticipates the closure of mental hospitals and the reinvestment of the proceeds to Cancer Incidence. take place on a phased basis. It has also empha- sised that hospitals can only close when the clini- 340. Mr. Durkan asked the Ta´naiste and Mini- cal needs of the remaining patients have been ster for Health and Children if studies have been addressed in more appropriate settings such as carried out on the incidence of the various forms additional community residences, day hospitals of cancer here; if this indicates any particular and day centres together with a substantial trend in any area; if the cause or causes of such increase in the number of the well-trained, fully trends have been examined; and if she will make staffed, community-based multidisciplinary com- a statement on the matter. [3263/06] munity mental health teams as is recommended in A Vision for Change. Ta´naiste and Minister for Health and Children (Ms Harney): The National Cancer Registry has Question No. 338 answered with Question routinely collected data on county of residence No. 320. for all incidences of cancer since 1994. These data have been published in a number of reports, including Cancer in Ireland 1994-2000 and two Health Service Staff. all-Ireland cancer reports All-Ireland Cancer 339. Mr. Durkan asked the Ta´naiste and Mini- Statistics 1994-1996 and All-Ireland Cancer ster for Health and Children the areas within the Statistics 1998-2000. Up-to-date tables describing health service most deficient in terms of staff cancer incidence by site, sex and county of resi- numbers at present; and if she will make a state- dence are also available to the public on the regis- ment on the matter. [3262/06] try website, www.ncri.ie. In addition to this rou- tine analysis, the registry has carried out a 342. Mr. Durkan asked the Ta´naiste and Mini- number of analyses of cancer incidence for single ster for Health and Children the number of per- counties in response to specific local issues. sons employed directly or indirectly in the deliv- The most recent detailed analysis of the ery of the entire health services; and if she will relationship between cancer incidence and county make a statement on the matter. [3267/06] of residence was carried out for the second all- Ireland cancer report, for the period 1998 to 2000, Ta´naiste and Minister for Health and Children which was published in 2004. While this report (Ms Harney): I propose to take Questions Nos. showed some relationship between region of resi- 339 and 342 together. dence and cancer incidence, there were a few Under the Health Act 2004, the Health Service instances where this relationship could be shown Executive has responsibility to manage and at county level. In general, the number of cancer deliver, or arrange to be delivered on its behalf, cases diagnosed at county level were too few, and health and personal social services. This includes the variation in incidence between counties too responsibility for the management of human small, for any meaningful conclusions to be resources and determining the appropriate staff- drawn. The only clear exception to this was for ing mix required to deliver its service plan priori- lung cancer, where incidence and mortality were ties within approved employment ceilings. The significantly higher in Dublin than elsewhere. parliamentary affairs division of the executive has This variation in lung cancer incidence between therefore been asked to respond directly to the urban and rural settings was also found in Belfast 1427 Questions— 31 January 2006. Written Answers 1428
[Ms Harney.] the management and delivery of health and per- and Derry and is consistent with the pattern of sonal social services, which are the responsibility incidence of lung cancer in other countries. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Medical Cards. requested the parliamentary affairs division of the executive to have a reply issued directly to 341. Mr. Durkan asked the Ta´naiste and Mini- the Deputy. ster for Health and Children the extent to which she has ordered improved entitlements in respect Question No. 345 answered with Question of medical cards with particular reference to the No. 158. raising of income guidelines for eligibility; and if she will make a statement on the matter. [3266/06] Hospitals Building Programme. 346. Mr. Durkan asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children when the next phase (Ms Harney): I have made significant improve- of the Naas Hospital development plan will be ments to the way in which an applicant’s eligi- sent to tender in view of the fact that the project bility for medical cards and GP visit cards is has reached that stage; if approval for tender is assessed. In January 2005, I increased the income issued by her or the Health Service Executive and guidelines used in the assessment of medical card on whose advice; if her attention has been drawn applications by 7.5%. to the necessity to proceed in this case; and if she In June 2005, it was apparent that the effect of will make a statement on the matter. [3271/06] rising income in our successful economy meant that the target of 30,000 additional medical cards Ta´naiste and Minister for Health and Children and 200,000 GP visit cards would not be achieved. (Ms Harney): The Deputy’s question relates to At this time I simplified the means test for both the management and delivery of health and per- medical cards and GP visit cards. It is now based sonal social services, which are the responsibility on an applicant’s and spouse’s income after of the Health Service Executive under the Health income tax and PRSI, and takes account of Act 2004. Accordingly, my Department has reasonable expenses incurred in respect of rent requested the parliamentary affairs division of or mortgage payments, child care and travel to the executive to arrange to have this matter inves- work. This is much fairer to applicants. tigated and to have a reply issued directly to the I announced, on 13 October 2005, that the Deputy. income guidelines for both medical cards and GP visit cards would be increased by an additional Hospital Services. 20%. This means the income guidelines are now 29% higher than they were at the end of 2004. It 347. Mr. Durkan asked the Ta´naiste and Mini- will be noted that the income assessment guide- ster for Health and Children the extent to which lines used for the GP visit cards are 25% higher she has examined the cause or causes of the pro- than those used for medical cards. longed use of trolleys in lieu of beds in various In December 2005 my Department asked the hospitals here; and if she will make a statement HSE to take account of the welfare, taxation or on the matter. [3272/06] other changes announced in the budget on the operation of the income guidelines and to identify Ta´naiste and Minister for Health and Children any changes which may be required to ensure that (Ms Harney): The Deputy’s question relates to medical cards and GP visit cards continue to be the management and delivery of health and per- available to those who need them. I expect to sonal social services, which are the responsibility receive a report from the HSE shortly about this of the Health Service Executive under the Health matter. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Question No. 342 answered with Question the executive to arrange to have this matter inves- No. 339. tigated and to have a reply issued directly to the Deputy. Question No. 343 answered with Question No. 158. Departmental Programmes. 348. Mr. Stanton asked the Ta´naiste and Mini- Hospital Hygiene Audits. ster for Health and Children the programmes and 344. Mr. Durkan asked the Ta´naiste and Mini- supports in place to promote positive mental ster for Health and Children the cost of hospital health among young people, in particular the 15 hygiene audits to date in 2006; and if she will to 24 age group; and if she will make a statement make a statement on the matter. [3269/06] on the matter. [3273/06]
Ta´naiste and Minister for Health and Children Minister of State at the Department of Health (Ms Harney): The Deputy’s question relates to and Children (Mr. S. Power): Mental health pro- 1429 Questions— 31 January 2006. Written Answers 1430 motion is a very broad concept involving any the provisions of Part 2 of the Disability Act 2005 action to enhance to mental well-being of individ- has been undertaken to date by my Department uals, families or communities. My Department is with the Health Service Executive. In particular, committed to the promotion of positive mental a programme of consultation will take place over health as recognised in the recently published A the next three months which is specifically Vision for Change: Report of the Expert Group designed to involve key stakeholders in the on Mental Health Policy. This new policy recom- formulation of the structure which will support mends that “mental health promotion should be the delivery of the assessment of need process. available for all age groups, to enhance protective The outcome of this process, together with other factors and decrease risk factors for developing preparatory work, including mapping and identi- mental health problems”. fying capacity and operational resources, will All HSE health areas are committed to the pro- provide the basis for drafting the necessary regu- motion of positive mental health and have a var- lations provided for in Part 2, and inform my iety of mental health promotion initiatives and Department in relation to the timescale for the programmes in operation. I have asked the HSE full commencement of the provisions of Part 2. to communicate with the Deputy on the range of The preparatory work regarding Part 2 of the programmes in place currently. Disability Act 2005 also has to take account of the related provisions in the Education for Per- Question No. 349 answered with Question sons with Special Educational Needs Act 2004. No. 163. These relate to the assessment of children with special educational needs and the delivery of Departmental Offices. appropriate health-related support services by the 350. Mr. Stanton asked the Ta´naiste and Mini- Health Service Executive. These two legislative ster for Health and Children if the National measures are complementary, with the same stan- Office for Suicide Prevention has been estab- dards applying to the assessment processes pro- lished; if not, when she expects same to be estab- vided for in both Acts. The Department of lished; the functions of the National Office for Health and Children and the Health Service Suicide Prevention; when the National Office for Executive are working with the Department of Suicide Prevention will begin its work; and if she Education and Science and the National Council will make a statement on the matter. [3276/06] for Special Education to progress these matters.
Minister of State at the Department of Health Nursing Home Subventions. and Children (Mr. T. O’Malley): The National 352. Ms Shortall asked the Ta´naiste and Mini- Office for Suicide Prevention was established by ster for Health and Children her plans regarding the Health Service Executive following the publi- the compensation of patients who were forced to cation of Reach Out: National Strategy for pay for private nursing home care due to a lack Action on Suicide Prevention on 8 September \ of public places and who now find themselves 2005. Some 500,000 was allocated to the office doubly disadvantaged by the offer of compen- on its establishment to allow it to commence its \ sation to people who did secure a public bed and work immediately. An additional 1.2 million has were subsequently illegally charged amounts sub- been allocated to the office for 2006. The office stantially less that the cost of private care. will oversee the implementation of the strategy [3287/06] and will co-ordinate suicide prevention activities across the State, consult widely regarding the Ta´naiste and Minister for Health and Children planning of future initiatives and ensure best (Ms Harney): The Government has agreed the practice in suicide prevention. key elements of a scheme for the repayment of long stay charges for publicly funded residential Services for People with Disabilities. care. All those fully eligible persons who were 351. Mr. Stanton asked the Ta´naiste and Mini- wrongly charged and are alive and the estates of ster for Health and Children further to Question all those who were wrongly charged and died No. 369 of 28 September 2005, if her Depart- since 9 December 1998 will have the charges ment’s consultation process with the Department repaid in full. The scheme will not allow for of Education and Science on the commencement repayments to the estates of those who died prior of the provisions of Part 2 of the Disability Act to that date. The repayments will include both the 2005 has been completed; if the statutory regu- actual charge paid and an amount to take account lations have been prepared; the timescale for the of inflation — using the consumer price index — full commencement of the provisions of Part 2 of since the time the person involved was charged. the Disability Act 2005; and if she will make a Persons who were in publicly contracted beds statement on the matter. [3277/06] in private nursing homes are covered by the terms of the Supreme Court judgment. The provisions Minister of State at the Department of Health of the judgment do not apply to individuals in and Children (Mr. T. O’Malley): Significant pre- private nursing homes who have entered these paratory work related to the implementation of homes under the nursing home subvention 1431 Questions— 31 January 2006. Written Answers 1432
[Ms Harney.] Act 2004. Accordingly, my Department has scheme. The broad policy issues about State sup- requested the parliamentary affairs division of port for long-term care for older people, includ- the executive to arrange to have this matter inves- ing residential care both publicly and privately tigated and to have a reply issued directly to the provided, have been examined by an inter- Deputy. departmental group. The report of that group is now being considered by the Government. Departmental Expenditure. 354. Mr. Timmins asked the Ta´naiste and Mini- Health Services. ster for Health and Children the overspend by 353. Mr. Ring asked the Ta´naiste and Minister her Department and the health boards for the for Health and Children if a person (details years 1998 to 2005 inclusive; and if she will make supplied) in County Mayo will be reassessed for a statement on the matter. [3369/06] orthodontic treatment. [3299/06] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Department of Health and (Ms Harney): The Deputy’s question relates to Children Vote surrendered a surplus to the the management and delivery of health and per- Exchequer for each of the years 1998 to 2005. The sonal social services, which are the responsibility following table sets out the amounts surrendered of the Health Service Executive under the Health in each year.
Year Gross Expenditure Saving Appropriations in Aid Buoyancy Net Expenditure Surrendered
\m \m \m 1998 0.504 2.058 2.562 1999 0.795 9.694 10.489 2000 1.318 4.385 5.703 2001 2.321 (1.058) 1.263 2002 4.382 26.274 30.656 2003 8.061 18.203 26.264 2004 10.187 60.761 70.948 2005 estimated outturn 64.304 (0.041) 64.263
Under public financial procedures, any sums The Health Act 2004 provided for the establish- received over and above the amount voted by the ment of the Health Service Executive with effect Da´il for appropriations-in-aid must be surren- from 1 January 2005. The HSE was established dered at year end to the Exchequer. with its own Vote, Vote 40, and the provisional For the years 1998 to 2004, inclusive, the terms outturn for that Vote for 2005, which is subject to of the 1996 accountability legislation applied to review and probable change, is as follows: health boards. This required health boards to transfer a deficit or a surplus for the preceding \m year to the following year. The variance arising in each of the years is set Gross Expenditure Saving 4.436 out in the following table. However, in respect of Appropriations-in-Aid Buoyancy 47.696 the years 1998 and 1999, figures are not immedi- Net Expenditure Surrender 52.132 ately available but I am making arrangements to provide the Deputy with the information as a matter of urgency. Car Imports. Year Surplus / Deficit per year 355. Mr. Connolly asked the Minister for Fin- ance the number of left-hand drive cars imported \ m here by non-nationals since January 2002; and if 1998 to be supplied he will make a statement on the matter. [2963/06] 1999 to be supplied 2000 0.299 Minister for Finance (Mr. Cowen): Iam 2001 14.496 advised by the Revenue Commissioners that as a 2002 (16.744) general rule all vehicles imported permanently 2003 31.357 into the State must register for VRT purposes within 24 hours of arrival. This rule applies 2004 4.223 equally to vehicles imported by EU and non-EU persons. However, section 135(a) of the Finance 1433 Questions— 31 January 2006. Written Answers 1434
Act 1992 permits a European or other foreign registered vehicle which is temporarily brought Year \m into the State by a person established outside the State to be exempted from the requirement to 1997 187.6 register for VRT purposes for a period normally 1998 238.7 not exceeding 12 months from the date upon 1999 161.2 which the vehicle concerned was brought into the State. 2000 386.0* There is no requirement for vehicles imported 2001 228.0 under the temporary exemption provisions to be 2002 206.0 presented to the Revenue Commissioners to avail 2003 153.0 of the relief. Documents relating to ownership, 2004 144.0 registration or bringing into the State of the vehicle must be kept with the vehicle when it is 2005 165.7# in use in the State. When such vehicles fail to *The figure quoted for 2000 includes \215.7 million which was meet the conditions for temporary exemption a result of the DIRT look-back audits. they must be permanently removed from the #Provisional. State or presented for registration. The details of The amount of DIRT due to be paid each year is such vehicles are therefore not normally captured dependent on the amount of monies on deposit or held in the vehicle registration system. and the rates of interest applying to such deposits These provisions are in line with Article 39 of rather than on the number of accounts involved. the EU Treaty, which provides for the free move- I am informed by the Revenue Commissioners ment of its workers within member states. The that the statutory return of DIRT filed by the fin- Deputy may wish to note that a reciprocal ancial institutions requires details only of the rel- arrangement is also in place for our own State evant amount of interest paid in the year and the residents in fellow member states. appropriate tax in relation to the payment of that Permanently imported left-hand drive cars interest. Such DIRT returns are subject to audit must be registered in the vehicle registration tax by the Revenue Commissioners. system and issued with Irish registration plates. However, in the registration process it is not A refund of deposit interest retention tax is obligatory either to identify such vehicles as left- provided for in very limited circumstances only, hand drive or to provide the nationality of the viz an individual who is not liable or fully liable persons importing the vehicles. However, I am to income tax and is over 65 years of age at some informed by the Revenue Commissioners that time during the tax year or is permanently inca- based on information entered by customers on pacitated by reason of mental or physical infirm- VRT form 4, at the time of registration, the ity from maintaining himself or herself. Bodies numbers of left-hand drive cars known to have qualifying for charitable status and companies are been imported in the years 2002, 2003, 2004 and also entitled to refund of DIRT. The taxpayer 2005 are listed in the following table: must advise Revenue that he or she meets the legislative requirements and the amount of the Year Numbers of declared left-hand drive retention tax suffered. cars imported With deposit interest rates being very low in recent years, the quantum of the interest earned 2002 918 and tax retained would be very small in many 2003 937 cases and may be considered uneconomic to reclaim. In 2004 the Revenue Commissioners 2004 1,335 issued some 15,000 copies of the relevant form 2005 1,630 — form 54D — to those who claimed refunds in previous years. A corresponding figure for the number of forms issued in 2005 is not yet Tax Yield. available. 356. Ms Burton asked the Minister for Finance Tax Certificates. the receipts on an annual basis from DIRT tax for each year from 1997 to date; the number of 357. Mr. Bruton asked the Minister for Finance people or accounts of same levied in each of if his attention has been drawn to the delays in those years; the arrangements there are in force issuing P60s in respect of 2005; the reason for in respect of refunds where DIRT is levied on same; his views on whether this will delay the taxpayers with unused personal tax allowances payment of overpaid tax to taxpayers; and if he and credits; and if there are special allowances in will make a statement on the matter. [2809/06] place in respect of people over 65. [2803/06] Minister for Finance (Mr. Cowen): Iam Minister for Finance (Mr. Cowen): The follow- advised by the Revenue Commissioners that, ing table sets out the net yield from DIRT col- each year, employers are requested to inform lected from 1997 to 2005: Revenue of the number of blank P60s they 1435 Questions— 31 January 2006. Written Answers 1436
[Mr. Cowen.] I understand that the “rights and entitlements” require. These forms are distributed in late referred to by the Deputy are those derived from November or early December. No delays were payments made under the PRSI system. Again, experienced in that regard in 2005. these are primarily the responsibility of the Mini- Employers who do not notify Revenue of their ster for Social and Family Affairs. P60 requirements following the initial invitation to do so can receive the forms subsequently by Question No. 361 withdrawn. contacting Revenue and blank forms are issued without delay. In the circumstances, therefore, Tax Certificates. issue of P60s by Revenue is not impacting on the repayment of tax to those who may have over- 362. Mr. Durkan asked the Minister for Fin- paid. Employers must provide the completed P60 ance when a P45 will issue in the case of a person to employees within 46 days from the end of the (details supplied) in County Kildare; and if he year. In respect of the year 2005, employers have will make a statement on the matter. [2835/06] until 15 February 2006 to provide the completed Minister for Finance (Mr. Cowen): I have been P60 to the employee. advised by the Revenue Commissioners that a form P45 was issued to the taxpayer by her Tax Code. former employer on 25 January 2006. 358. Ms Harkin asked the Minister for Finance if changes will be incorporated into the forth- Tax Code. coming Finance Bill to ensure that childminders 363. Ms Shortall asked the Minister for Finance who are availing of the new childminding relief the statutory instrument which exempts recipients scheme can pay social insurance contributions. of foster care payments from paying income tax [2830/06] on that part of their income; when such income has not been taxable; and the specific payments 359. Ms Harkin asked the Minister for Finance same relates to. [2906/06] if the new childminding relief announced in budget 2006 is based on gross earnings or net Minister for Finance (Mr. Cowen): Certain fos- income. [2831/06] ter care payments are exempt by virtue of section 192B of the Taxes Consolidation Act 1997. This 360. Ms Harkin asked the Minister for Finance measure was introduced by section 11 of the Fin- if childminders will be given the same rights and ance Act 2005 and applies with effect from 1 entitlements as all workers. [2832/06] January 2005. The provision exempts from income tax, pay- Minister for Finance (Mr. Cowen): I propose ments made by the Health Service Executive to to take Questions Nos. 358 to 360, inclusive, a carer in respect of the care of foster children. together. Under the legislation, “carer” means an individ- The childminding relief I introduced in budget ual who is or was a foster parent or relative or 2006 allows an individual to mind up to three chil- who takes care of an individual on behalf of the dren in the minder’s own home, without paying Health Service Executive. tax, PRSI or levies on the childminding earnings The payments in question are those made in received, provided the amount is not more than accordance with Article 14 of the Child Care \10,000 per annum. If childminding income \ (Placement of Children in Foster Care) Regu- exceeds 10,000, the total amount will be taxable, lations 1995 or Article 14 of the Child Care as normal, under self-assessment. The income \ (Placement of Children with Relatives) Regu- limit of 10,000 refers to gross income. No lations 1995. In addition, the exemption covers deductions will be allowed, for example in respect certain discretionary payments made by the of expenses, in determining the individual’s Health Service Executive in respect of former income level. foster children between the ages of 18 and 21 who The new scheme is not a tax allowance, but is continue to reside with carers. It also covers such \ in fact an income disregard of 10,000. Where an payments to carers in respect of those aged 21 individual chooses to avail of this relief, it will years or over who suffer from a disability or are automatically follow that the amount earned, in full-time education where the disability or full- \ once it does not exceed 10,000, will not be time education commenced before they reached assessable to tax or PRSI or levies and will thus the age of 21. be exempt from tax, PRSI and levies. Any change Finally, corresponding payments relating to to make the income subject to PRSI under the foster children made in accordance with the law scheme, either on a mandatory basis or in all cir- of another EU member state are also exempted cumstances on a voluntary basis, would require under the provision. an amendment to the relevant social welfare legislation which would be a matter for the Mini- Flood Relief. ster for Social and Family Affairs to consider in the first instance. 364. Ms C. Murphy asked the Minister for Fin- 1437 Questions— 31 January 2006. Written Answers 1438 ance if there is a format within which reports set Tax Collection. out the grounds upon which funding is sought by 367. Mr. Bruton asked the Minister for Finance local authorities from the Office of Public Works the value of interest payments made by the with regard to flood relief measures; if so, if local Revenue Commissioners in respect of over- authorities attention has been brought to same; if payments of tax, and the rate of interest applying; such a standard format does not exist, his views and his views on whether the legislation is too on the establishment of same in order that all restrictive in respect of the circumstances when local authorities attention is brought to the extent compliant taxpayers are due interest rebates. of information required when requesting funding [3204/06] for flood relief works; and if he will make a state- ment on the matter. [2947/06] Minister for Finance (Mr. Cowen): Iam advised by the Revenue Commissioners that the Minister of State at the Department of Finance value of interest payments made by them in (Mr. Parlon): The Commissioners of Public respect of repayments of tax for each of the three Works have a format for the preparation of flood years 2003, 2004 and 2005 is as follows: studies. This is made available to local authorities when they approach the Office of Public Works 2003 2004 2005 for assistance with flooding problems.
\33.1m \19.8m \8m State Property. 365. Mr. McGuinness asked the Minister for The 2003 figures are not comparable with sub- Finance if Black Freren Gate, Kilkenny city, is in sequent years because of changes which came the care or ownership of the Office of Public into effect in that year. Furthermore, exceptional Works; if a recent inspection has been carried out repayments which arise, for example, in cases as to the safety of the structure; if the structure which proceed through all stages of the appeal will be restored; and if he will make a statement process and take many years to finally determine on the matter. [2968/06] cannot be isolated in the above figures and make year on year comparisons inappropriate. Minister of State at the Department of Finance The rate of interest applicable since 31 October (Mr. Parlon): The Black Freren Gate, which has 2003 is 0.011% per day — approximately 4% per been the subject of previous parliamentary ques- annum. The rate in the period 1 September 2002 tions by the Deputy, is not in the care or owner- to 31 October 2003 was 0.0161% per day- ship of the Office of Public Works. It is thought approximately 6% per annum. The interest is to be in local authority ownership. Furthermore, tax-free. as the gate is the subject of a preservation order, On the general question whether the legislation No. 1 of 1997, anyone seeking to do works to it is too restrictive, my predecessor as Minister for would be required to seek permission from the Finance, Mr. Charlie McCreevy, examined the Minister for the Environment, Heritage and whole question of taxpayers’ entitlement to Local Government. The Minister is also charged repayment of tax and interest on tax repayments with protecting from damage any structure sub- in the context of Finance Bill 2003 with a view ject to a preservation order. to introducing, in so far as practicable, a uniform The Office of Public Works undertakes inspec- scheme which was fair and reasonable for tax- tions of the monument at regular intervals on payers, and which also took into account the posi- behalf of the Minister for the Environment, Heri- tion of the Exchequer. On foot of that review, a tage and Local Government and submits reports new scheme was introduced in Finance Act 2003 to his Department. which gives taxpayers a general right to repay- ment of tax overpaid subject to a four year time Departmental Payments. limit on claims. Depending on the circumstances 366. Mr. Bruton asked the Minister for Finance giving rise to the repayment, interest is calculated the amount of interest paid by his Department to from the end of the tax period to which the claim contractors or to others due payments from his relates or six months from the date on which a Department on account of late settlement of the valid claim to the repayment is made. A corollary amount due; the rate of interest applying to late to the restriction to four years on the taxpayer’s payments; and if he is satisfied that all efforts are right to a repayment was a reduction to four years made to pay promptly. [3202/06] in the Revenue Commissioners right to assess taxpayers, except where fraud or neglect is Minister for Finance (Mr. Cowen): The total involved, where no limit applies. interest paid by my Department on all relevant I am satisfied that the current provision is fair payments in 2004, the last year for which audited and appropriate and I have no plans to amend accounts are available, was \196.05, at a rate of the legislation accordingly. 9% per annum. I am satisfied that transactions that comply with the relevant payment criteria Tax Code. are generally paid promptly. 368. Mr. Carey asked the Minister for Finance 1439 Questions— 31 January 2006. Written Answers 1440
[Mr. Carey.] facility, as outlined in correspondence, details if, arising from provisions included in budget 2006 supplied, once the gardaı´ have taken possession relating to the provision of home care services for of their new station at Mellowes Road; and if he elderly persons in their own homes, such services will make a statement on the matter. [3228/06] will incur a 13.5% VAT charge while exactly similar services provided in nursing homes will be Minister of State at the Department of Finance VAT exempt as outlined in correspondence, (Mr. Parlon): The Commissioners of Public details supplied; and if he will make a statement Works are in the process of acquiring a site for on the matter. [3227/06] a new Garda station at Mellowes Road, Finglas. Following vacation of the existing building, it is Minister for Finance (Mr. Cowen): The posi- normal practice to ascertain if there is any further tion is that home care services provided directly State use for the premises before placing the by the Health Service Executive, HSE, do not property on the open market. At this juncture, no generally come within the scope of VAT, as decision can be made regarding the future use of public bodies are not regarded as taxable persons. the existing Garda station building in Finglas. This means that they do not charge VAT on the services they provide and cannot recover VAT Tax Code. incurred on their input costs. The package of services aimed at older people, 370. Mr. Neville asked the Minister for Finance announced by the Ta´naiste in the 2006 budget, is if a section to deal with the anomaly whereby to be based on the pilot home care packages in pensioners and others not in the tax bracket do place and will deliver a wide range of services. not have the opportunity to reduce the cost of The packages are delivered through the HSE by payment of local services, including refuse collec- a range of providers, including the HSE itself, tion which is available to people in a position to voluntary groups and the private sector. Home claim allowance under the income tax regulations care packages will consist of a mixture of grants, will be included in the Finance Bill 2006. contracted care services, therapeutic input and [3246/06] equipment and other such community services as identified in the needs assessment as being neces- Minister for Finance (Mr. Cowen): The current sary to facilitate the older person to remain living tax relief for waste service charges is provided by in his or her own home. granting relief at the standard rate to taxpayers However, where home care services are pro- in respect of the charges they have paid in the vided for by private companies for a consider- previous year. Where a fixed annual charge ation in the course or furtherance of business, the applies, the full payment qualifies for tax relief, provider may be obliged to register and account provided it has been paid on time. Where a vari- for VAT at the appropriate rate depending on able charge is applied for refuse collection, based the type of service it provides. Home care pro- on a weight or volume, the tax relief is restricted vided to individuals consists of a variety of to a maximum of \195 per annum at the standard services which may be liable to VAT at different rate of tax. Tax credits, as they currently apply in rates. The current VAT treatment of such the tax system, are generally only of value when services is in accordance with EU sixth VAT the taxpayer has sufficient income on which he directive with which Irish VAT law must comply. or she pays enough tax to use them. Finally, the However, officials from my Department, the Finance Bill will be published on 2 February and Revenue Commissioners and the Department of it is not the practice to comment on it, one way Health and Children are examining this issue. In or another, before it is presented to the Da´il. particular, they are trying to ensure that the home care services provided under this package are exempt from VAT in a manner that complies Energy Resources. with EU law. In this regard, I understand that 371. Mr. Bruton asked the Minister for a national standardised needs assessment process Communications, Marine and Natural Resources will be developed by the HSE in 2006, which will if the energy regulator has put in place a cus- design systems and approaches to the implemen- tomer charter; and if the regulator is subject to tation of the home care packages based on its referral to the Ombudsman. [2808/06] experience to date. When this is put in place, it should make it possible to exempt such services Minister for Communications, Marine and from VAT in line with EU law. Natural Resources (Mr. N. Dempsey): The Com- mission for Energy Regulation published its qual- Garda Stations. ity customer service charter in May 2004 and this 369. Mr. Carey asked the Minister for Finance is available on the commission’s website. I can if, in view of the established need for the pro- confirm that under the Ombudsman Acts, the vision of a central community services facility in commission is not included in the list of Depart- the Finglas area, he will consider the retention by ments of State or other persons who are subject the State of Finglas Garda station for such a to investigation by the Ombudsman. 1441 Questions— 31 January 2006. Written Answers 1442
Telecommunications Services. views. My Department has also sought the views 372. Mr. McEntee asked the Minister for of broadcasters. I have received submissions from Communications, Marine and Natural Resources event organisers, broadcasters and members of when the third call for funding under the group the public via written submission, e-mail and on broadband scheme will be announced for County an Internet forum. The submissions received have Meath. [2924/06] been made available on my Department’s website. Minister for Communications, Marine and If, following the review, I should decide to Natural Resources (Mr. N. Dempsey): It is my amend the list of designated events, then, in intention to hold a third phase of the group accordance with the provisions of the Broadcast- broadband scheme. My officials are currently ing (Major Events Television Coverage) Act finalising the application procedure and docu- 1999, I will publish my intention to do so and seek mentation. I expect to be in a position to formally the views of interested parties. This would involve launch the third phase shortly. a further formal consultation with event organ- isers and broadcasters. EU approval would also Broadcasting Legislation. be required before I could lay an order before 373. Ms C. Murphy asked the Minister for both Houses of the Oireachtas to give effect to Communications, Marine and Natural Resources the designation. the people and groups who have lobbied him or his Department on the designation of the Ryder Port Development. Cup as a free to air event; when contact was made 375. Mr. Haughey asked the Minister for by these people and groups; and if he will make a statement on the matter. [3164/06] Communications, Marine and Natural Resources if responsibility for port matters has been trans- 374. Ms C. Murphy asked the Minister for ferred to the Department of Transport with effect Communications, Marine and Natural Resources from 1 January 2006; the Minister who will deal if commitments have been made by his Depart- with an application for the infill of 52 acres of ment to the European tour and Ryder Cup organ- Dublin Bay by the Dublin Port Company under isers with regard to broadcasting the Ryder Cup; the Foreshore Act 1993; and if he will make a if commitments were made; the details of the statement on the matter. [3225/06] commitments; when same were entered into; if same will impact on his decision over whether to Minister of State at the Department of designate the Ryder Cup as a free to air event; Communications, Marine and Natural Resources and if he will make a statement on the matter. (Mr. Gallagher): The maritime transport division [3165/06] of the Department, which has responsibility for commercial ports, shipping policy and the State’s Minister for Communications, Marine and regional ports and harbours, was transferred to Natural Resources (Mr. N. Dempsey): I propose the Department of Transport on 1 January 2006. to take Questions Nos. 373 and 374 together. Responsibility for the administration of the fore- My Department has made no commitments to shore Acts remains with the Department of the European tour in respect of the broadcasting Communications, Marine and Natural Resources. of the Ryder Cup. In March 2003, the Broadcast- ing (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 speci- International Agreements. fied the events designated as events of major 376. Mr. M. Higgins asked the Minister for For- importance to society for which the right of a eign Affairs the international treaties and agree- qualifying broadcaster to provide coverage on ments which Ireland has signed or are currently free television services should be provided in the to be put before the Houses of the Oireachtas; if public interest. Section 9 of the Broadcasting there are treaties and agreements which have not (Major Events Television Coverage) yet been put before the Houses of the Oireachtas, (Amendment) Act 2003 requires me to carry out when same will be carried out; and if he will make a review of designated events not later than three a statement on the matter. [3159/06] years after the passing of the 2003 Act, that is to say, not later than April 2006. I announced my intention to commence this 377. Mr. M. Higgins asked the Minister for For- review in December 2005. The purpose of the eign Affairs when the agreement between the review is to consider if the list of events desig- Government of the USA and the Government of nated in 2003 should be amended. As part of the Ireland concerning security measures for the pro- review, I initiated a public consultation process. tection of classified military Information and the My Department wrote to the sporting organis- acquisition and cross-servicing agreement, with ations that organise the events already designated annexes, will be laid before the Houses of the along with the European tour and Ryder Cup Oireachtas; the delay of same; and if same will be informing them of the review and seeking their approached as a matter of priority. [3160/06] 1443 Questions— 31 January 2006. Written Answers 1444
Minister for Foreign Affairs (Mr. D. Ahern): I been created in the Department. This should help propose to take Questions Nos. 376 and 377 ensure that, in future, every international agree- together. ment is laid before Da´il E´ ireann in a prompt Article 29.5 of the Constitution provides that manner and is also made readily available to the every international agreement to which the State public. The treaty officer will also be able to becomes a party, except international agreements intensify, in co-operation with colleagues within of a technical and administrative character, must my own Department and in the wider Civil be laid before Da´il E´ ireann. However, my Service, a process already initiated in 2005 of Department has gone further and introduced the reviewing Departmental files with a view to iden- practice of laying all international agreements, tifying any international agreements previously regardless of their character, before the House. entered into which may possibly have not yet The obligation to lay an international agree- been laid before the Da´il. ment before the House arises only when the State I will now turn to the two specific agreements becomes a party to such an agreement. It has in question. The agreement between the Govern- been made clear by the courts that, for the pur- ment of the United States of America and the pose of Article 29.5, Ireland is to be considered a Government of Ireland concerning security party to an international agreement only when it measures for the protection of classified military has been ratified or acceded to, signed without information and the acquisition and cross-servic- reservation as to ratification or where it otherwise ing agreement between the Department of binds the State in international law. In addition, Defence of Ireland and the Department of the agreement must be in force for Ireland. For Defense of the United States of America were example, if it is a bilateral agreement, the other both laid before Da´il E´ ireann on 26 January. The country must also have ratified it. first agreement was laid on a statutory basis and Accordingly, an international agreement is not the second on a non-statutory basis. The differ- laid before Da´il E´ ireann where it has been merely ence of treatment is due to the fact that the first signed, subject to ratification, by Ireland. Simi- is regarded as an international agreement for the larly, an agreement which has been ratified by purposes of Article 29.5, whereas the second is Ireland but is not yet in force will not be laid being laid before the House as a matter of good before the Da´il. practice. It is the policy of my Department to ensure On 13 January, the full texts of both agree- that all international agreements to which the ments had been placed in the Oireachtas library State is a party are laid before Da´il E´ ireann for the information of Members and also made promptly. The Constitution does not specify a available on the Department’s website. In the timeframe within which international agreements light of the improvements described above, I am should be laid before the Da´il, although it is confident that best practice will be followed — clearly highly desirable, to say the least, that this over and above, and rightly so, what is strictly be done quickly. Until recent years, no specific required — and that all future international timetable was in place. However, since 2004, tar- agreements will be laid before the House in a gets have been set. Currently, the target is for all prompt manner. agreements which have entered into force for Ireland in a given calendar year to be laid before EU Constitution. the Da´il no later than the end of the following 378. Mr. Connolly asked the Minister for For- calendar year. Accordingly, all international eign Affairs his views on the feasibility or other- agreements which entered into force for Ireland wise of the EU pressing on with its efforts to in 2005 will be laid before the Da´il no later than adopt the current EU constitution; if an amended the end of 2006. EU constitution should be negotiated; the impli- In addition to the constitutional requirement to cations for the Irish Constitution; and if he will lay certain international agreements before the make a statement on the matter. [2872/06] House, as well as the practice of doing the same for all international agreements, there is also the Minister for Foreign Affairs (Mr. D. Ahern): clear desirability of making such agreements Following the “No” votes in France and the widely accessible. Up to recently, agreements Netherlands, the European Council in June of were published in hard copy in the Irish Treaty last year decided to instigate a period of reflec- Series at the same time as they were laid before tion on the EU constitution and the future of the Da´il. I felt this was somewhat restrictive and, Europe. This issue will be reviewed during the last year, I decided to make the Irish Treaty Ser- current Austrian Presidency. EU Foreign Mini- ies available on my Department’s website. As a sters are responsible for preparing this review. result, the texts of all international agreements The Government remains committed to the published since 2002 can be downloaded from the constitution and does not favour either selective Department’s website free of charge. implementation or any renegotiation of the text. In addition, new resources have been made The constitution is a balanced document and we available to help with the above. In particular, a are anxious to maintain that balance. Although new full-time post of treaty officer has recently there are many ideas in circulation concerning the 1445 Questions— 31 January 2006. Written Answers 1446 fate of the constitution, no credible alternative relations with Zimbabwe. On the contrary, the scenario has yet gained significant support and internal situation has clearly disimproved, partic- most member states remain firmly committed to ularly in the aftermath of the Zimbabwean the constitution. Government’s Operation Murambatsvina, While not wishing to underestimate the signifi- launched last May, which resulted in an estimated cance of last year’s referendum results, it needs 700,000 Zimbabweans being forcibly evicted from to be remembered that 13 member states have their homes or deprived of their livelihoods. The now ratified the constitution and we expect some response of the Zimbabwean authorities to the others to follow suit during 2006. It remains our worsening humanitarian situation which their hope that the current period of reflection across actions have created continues to be inadequate. the EU will help create the conditions for the In particular, those responsible for planning and future completion of the ratification process and launching Operation Murambatsvina should be for the constitution to be brought into force. I held accountable for their actions, as recom- acknowledge, however, that this is unlikely to mended by the UN Secretary General’s special come about before 2007. envoy, Anna Tibaijuka, who investigated these With regard to the implications for the Irish events last July. Constitution, the Deputy will be aware that The overall humanitarian situation in Ireland intends to ratify the EU constitution by Zimbabwe remains critical, with the World Food referendum and that the Twenty-eighth Amend- Programme estimating that some 4.4 million ment of the Constitution Bill was published last Zimbabweans, representing one-third of the May. In the absence of greater clarity at the population, will require emergency food assist- European level, however, there is no intention to ance this year. Ireland provided almost \2 million hold an early referendum to enable Ireland to rat- ify the EU constitution and, consequently, there in emergency and recovery support, including are no plans to move the Bill to its Second Stage. food assistance, to the people of Zimbabwe dur- ing 2005 via the UN and agencies such as GOAL and Tro´ caire. Further funding is planned and will Human Rights Issues. be announced shortly, in response to the UN 379. Mr. Quinn asked the Minister for Foreign World Food Programme’s global appeal for $276 Affairs if the deterioration of human rights in million for Zimbabwe for the current year. Zimbabwe will be raised at the Council of For- Ireland remains committed to delivering assist- eign Ministers; if he will seek to have an exten- ance directly to those most in need in Zimbabwe sion of the Europe-wide travel ban on President through a broad range of civil and aid organ- Mugabe and members of his Government and the isations. restriction on the supply of military equipment to The political and human rights situation in Zimbabwe when the issue becomes due for Zimbabwe also continues to be of concern. The renewal on 20 February 2006; if he will include in overall climate remains one of repression, with the reasons for the extension of the restrictions restrictions on the media and peaceful civil and the failure to restore an independent and impar- trade union demonstration continuing to be sup- tial judiciary with full separation of powers, pressed. An unwelcome development was the including repeal of the Zimbabwe constitutional adoption of a constitutional amendment by the amendment number 17; if he will work for the Zimbabwean parliament last August, amendment resolution of the humanitarian crisis by the number 17, which allows the Zimbabwean immediate extension of food aid to all who need government to confiscate the passports of those it and the guarantee of full and unimpeded access whom it regards as undermining the national for the provision of aid and protection of the vic- tims of the forced evictions and demolitions; and interest. Following a ruling by the Zimbabwean if he will make a statement on the matter. High Court last month declaring such seizure of [2873/06] passports illegal, enabling legislation is now likely to be prepared to give effect to this particular Minister for Foreign Affairs (Mr. D. Ahern): provision. The General Affairs and External Relations It is clear that international pressure needs to Council, at its meeting in Brussels on 30 January be maintained on the Mugabe government to 2006 which I attended, approved the renewal of alter its current policies. African governments the EU’s restrictive measures against Zimbabwe and organisations such as the African Union are for a further period of 12 months, until 20 in a particular position to exert influence in this February 2007. regard. The adoption by the African commission I very much welcome this decision to renew on human and peoples’ rights, at its recent session these restrictive measures. This decision reflects in The Gambia, of a resolution condemning the the fact that there has been no progress by the human rights violations currently being per- Mugabe government in the past year towards petrated in Zimbabwe and urging the meeting those benchmarks on improved respect Zimbabwean Government to respect its inter- for democracy, human rights and the rule of law national human rights obligations, demonstrates which the EU has set for reviewing its existing the widespread concern which now exists within 1447 Questions— 31 January 2006. Written Answers 1448
[Mr. D. Ahern.] the independence of designated decision makers Africa itself regarding the course upon which and may also be prejudicial to the conduct of the Zimbabwe is currently embarked. appeals process provided for in the Acts. Ireland, along with our EU partners, remains As the Deputy will be aware, section 24(2) of committed to working with others in the inter- the Acts provides for a mandatory exemption for national community to help promote democratic certain types of records relating to security, change in Zimbabwe. The possibility of the EU defence, international relations and matters relat- reviewing and extending certain of its restrictive ing to Northern Ireland and deciding officers are measures currently in place remains an option in required to refuse records that fall within its the absence of any underlying improvement in scope. I can confirm that the Department replied Zimbabwe. to two requests during 2005 that included a refer- ence to the use of Shannon Airport. I understand Decentralisation Programme. that, while section 24(2) was appropriately 380. Mr. F. McGrath asked the Minister for applied to both requests, the requesters were pro- Foreign Affairs his plans to move his Department vided with access to a number of records that did to Limerick in the context of the Government not come within its provisions. decentralisation programme; and if he will detail the schedule on the matter. [3177/06] Council of Europe Investigation. 382. Mr. P. Breen asked the Minister for For- Minister for Foreign Affairs (Mr. D. Ahern): eign Affairs if his Department is co-operating Under the Government’s decentralisation prog- with the Council of Europe in its investigation ramme, the development co-operation director- into US rendition flights; the information, if any, ate of my Department, which is currently based his Department is withholding or plans to with- in Dublin, will decentralise to Limerick. This is scheduled to take place during the first quarter of hold from the investigators; the information his 2007. Already, a total of 25 posts in the director- Department has provided or expects to provide; ate, including that of director general, are filled and if he will make a statement on the matter. by officers who have signalled their intention to [3219/06] decentralise to Limerick. In addition, there are currently 15 officers serv- Minister for Foreign Affairs (Mr. D. Ahern): ing elsewhere in the Department, mostly abroad, Two investigations are currently under way under who have also expressed an interest in the aegis of the Council of Europe. The first is an decentralising to Limerick. These officers will be investigation by Senator Dick Marty, a rapport- assigned to the directorate on a phased basis. This eur appointed by the legal affairs committee of total of 40 represents some 32% of the posts the Parliamentary Assembly of the Council of being transferred to Limerick. The process of Europe. The second takes the form of a question- recruiting further staff for Limerick via the cen- naire which has been sent to all member states of tral applications facility is also being accelerated. the Council of Europe by the Secretary General, The aim is that, by the second half of 2006, most Mr. Terry Davis. posts in the directorate will be filled by staff who In respect of the first investigation, the Depart- will decentralise to Limerick. In addition, we are ment of Foreign Affairs has not been contacted working in close co-ordination with the Office of by Senator Marty who, in his most recent memor- Public Works on specific plans for office accom- andum, accurately records the Government’s “to- modation for the division in Limerick. tal condemnation” of the practice of rendition. In respect of the second investigation, as I Freedom of Information. informed the House on 14 December 2005, the Government is co-operating fully with the Sec- 381. Caoimhghı´nO´ Caola´in asked the Minister for Foreign Affairs if requests to his Department retary General’s request. This will require input for information regarding the use of Shannon from a number of different Departments and Airport by United States military forces have Government bodies, and detailed work is actively been refused under section 24 of the Freedom of and well under way in formulating the Govern- Information Act 1997; and if he will make a state- ment’s response. This response will take its struc- ment on the matter. [3185/06] ture largely from the form of the questionnaire, namely, a description of domestic law relating to Minister for Foreign Affairs (Mr. D. Ahern): the issues raised by the Secretary General, fol- The freedom of information Acts 1997 and 2003 lowed by a comprehensive reply to his questions established an independent process for consider- on the possibility that any “unacknowledged ation of freedom of information requests. As I deprivation of liberty” might have taken place in have no role in respect of how the provisions of Ireland. While the content of the Government’s the Acts are applied in specific instances, it would reply has not yet been finalised, I can assure the be inappropriate for me to discuss the detail of Deputy that my Department has no intention of individual requests. To do so would undermine withholding any information. 1449 Questions— 31 January 2006. Written Answers 1450
Sports Capital Funding. and if he will make a statement on the matter. [2863/06] 383. Mr. Connolly asked the Minister for Arts, Sport and Tourism if financial assistance or grant Minister for Arts, Sport and Tourism (Mr. aid from national lottery funding has been O’Donoghue): As I indicated to the Deputy in advanced to voluntary groups or agencies in my reply to Questions Nos. 397 and 272 of 8 County Monaghan since 2000; and if he will make November and 13 December 2005, respectively, I a statement on the matter. [2862/06] approved the tender and grant-aid of \3.8 million for the Monaghan pool project in January 2005. 386. Mr. Connolly asked the Minister for Arts, This approval allowed the council to finalise the Sport and Tourism if financial assistance or grant legal formalities with the contractor so that work aid from national lottery funding has been could begin on the project. Construction of the advanced to voluntary groups or agencies in pool is under way with a completion date of mid- County Cavan since 2000; and if he will make a year. To date, Monaghan County Council has statement on the matter. [2865/06] drawn down \1.62 million of the grant. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): I propose to take Questions Nos. Tourism Revenue. 383 and 386 together. 385. Mr. Connolly asked the Minister for Arts, The national lottery-funded sports capital prog- Sport and Tourism his views on the increasing ramme, which is administered by my Depart- tourism deficit between the income from foreign ment, allocates funding to sporting and com- tourism markets and the amount spent abroad munity organisations at local, regional and annually by Irish holidaymakers; and if he will national level throughout the country. The prog- make a statement on the matter. [2864/06] ramme is advertised on an annual basis. The information requested by the Deputy in Minister for Arts, Sport and Tourism (Mr. relation to the funding allocated under the prog- O’Donoghue): Outbound tourism in the last ramme to voluntary groups and agencies in Coun- three years has grown at a higher rate than ties Cavan and Monaghan is contained in the fol- inbound tourism. In 2003, expenditure by Irish lowing tabular statement. residents travelling abroad — at \4.16 billion — Applications for funding under the 2006 prog- marginally exceeded tourism and travel earnings ramme were invited through advertisements in from visitors to Ireland — at \4.06 billion — for the press on 27 and 28 November last. The closing the first time. This trend has continued in 2004 date for receipt of applications was Friday, 20 and 2005 where the last third quarter figures show January. All applications received before the a net outflow of almost \400 million in our tour- deadline will be evaluated against the prog- ism and travel balance. ramme’s assessment criteria, which are outlined Ireland’s economic prosperity, particularly in in the guidelines, terms and conditions of the comparison with that of our main tourism programme. I intend to announce the grant allo- markets, coupled with the greatly improved cations for the programme as soon as possible access to foreign tourist destinations, has after the assessment process has been completed. undoubtedly contributed to this phenomenon. However, it is also clear that this has fuelled sig- Grants allocated to County Cavan under the sports capital programme. nificant growth in domestic tourism. CSO figures over the last five years show domestic holiday 2000 2001 2002 2003 2004 2005 trips up by 32% and expenditure up by over 50% over that period. \\\\ \ \ Against a backdrop of intense international competition for Irish holidaymakers, Fa´ilte 452,027 591,698 691,200 580,000 1,075,000 785,000 Ireland, which is responsible for promoting the home market, has significantly stepped up its home holiday campaigns in recent years backed Grants allocated to County Monaghan under the sports capi- tal programme. by significant Exchequer resources. In 2006, some \4 million has been allocated by 2000 2001 2002 2003 2004 2005 Fa´ilte Ireland to home holiday promotion. Fa´ilte Ireland’s consumer website for the domestic \\ \ \\\ market — www.ireland.ie — which was launched early in 2005 — has proven particularly successful 502,181 615,823 1,233,000 685,000 996,000 744,000 in generating quality year round business for the sector. Fa´ilte Ireland also publishes the highly successful Discover Ireland series of brochures Swimming Pool Projects. aimed at the domestic consumer. 384. Mr. Connolly asked the Minister for Arts, Question No. 386 answered with Question Sport and Tourism the position regarding the No. 383. rebuilding of Monaghan town swimming pool; 1451 Questions— 31 January 2006. Written Answers 1452
Swimming Pool Projects. 389. Mr. Sargent asked the Minister for 387. Ms C. Murphy asked the Minister for Arts, Enterprise, Trade and Employment if office Sport and Tourism if his Department has accommodation has been secured for the new received a report from the Office of Public Works offices of Enterprise Ireland in Shannon, County on the Naas swimming pool project; if the report Clare; the cost to the taxpayer; the date that it is has been received; when he intends to approve anticipated Enterprise Ireland will decentralise to the project and if he will make a statement on the Shannon; and his views on the level of interest matter. [3163/06] by public servants in the relocation of Enterprise Ireland to Shannon. [2921/06] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): As I indicated to the Deputy in 395. Mr. Sargent asked the Minister for my reply to Questions No. 133 on 1 December Enterprise, Trade and Employment the position 2005, I approved the detailed contract docu- regarding Enterprise Ireland’s decentralisation to ments, submitted by Kildare County Council, for Shannon, County Clare; the number of public ser- the proposed swimming pool in Naas in March vants who have expressed an interest in moving 2005. Subsequent to this approval, however, to Shannon’s Enterprise Ireland’s headquarters; Kildare County Council indicated to my Depart- and the number of these which are currently ment that it proposed to change the site for the Enterprise Ireland staff. [2920/06] project. On 15 November, the council provided an addendum to the preliminary report in Minister for Enterprise, Trade and Employ- relation to the proposed new site and on 2 ment (Mr. Martin): I propose to take Questions December 2005 submitted the revised contract Nos. 389 and 395 together. documents. This documentation, which was found In respect of numbers, the most recent figures satisfactory from a technical point of view by the released show that 19 existing employees in Department’s technical advisers, the Office of Enterprise Ireland have indicated their willing- Public Works, is now under consideration in my ness to transfer to Shannon. The number of appli- Department. cations received from within the civil and public service, including my Department, amount to 33, Decentralisation Programme. thus giving a total overall of 52 persons. The most immediate implementation step for 388. Ms B. Moynihan-Cronin asked the Mini- Enterprise Ireland is to provide for a new head- ster for Arts, Sport and Tourism the position quarters building designed to meet the business regarding the progress report on the proposal to needs of the organisation. Enterprise Ireland, locate his Department to Killarney; when the working closely with the Office of Public Works, building will be completed; and if he will make a OPW, has identified but not yet acquired a pre- statement on the matter. [3232/06] ferred site from the submissions received by the OPW in relation to the Shannon location. The Minister for Arts, Sport and Tourism (Mr. preferred site is a 13-acre site owned by Shannon O’Donoghue): My Department, with the excep- Development. In addition, and in co-operation tion of the National Archives, will be transferring with Shannon Development and OPW, the site to Killarney under the Government’s decentralis- was valued and a feasibility study carried out. The ation programme. The number of applications site occupies a prime position near the centre of received under the central applications facility, Shannon and is considered suitable for a major CAF, for approximately 130 posts exceeds the landmark building or civic structure related to the numbers required for most of the grades. Eleven town centre. members of staff currently working in my Depart- It is too early to comment definitively on a ment have indicated that they wish to relocate timescale or on the cost of the transfer of to Killarney. Enterprise Ireland’s headquarters to Shannon. My officials are currently in the process of The factors of significance in this regard will be transferring staff, who have accepted an offer to the acquisition of property and the level of relocate to Killarney, into the Department. This interest in the Shannon location expressed by process will proceed on a phased basis is order to CAF applicants. My Department is correspond- facilitate a smooth transition and appropriate ing with the Department of Finance regarding the training. acquisition of the preferred site. As the Deputy is no doubt aware, my Depart- ment was designated by the decentralisation Community Employment Schemes. implementation group as one of the “early mover” Departments. The construction of the 390. Mr. Kenny asked the Minister for new building to house the Department in Enterprise, Trade and Employment if his atten- Killarney is scheduled to commence in mid 2006 tion has been drawn to the fact that the Centre with an anticipated completion date in the last for Independent Living in Mayo provides a per- quarter of 2007. My officials update the central sonal assistant service to 40 leaders, of whom 18 decentralisation unit in the Department of Fin- are employed on community employment ance on a regular basis in relation to all progress. schemes; if his attention has further been drawn 1453 Questions— 31 January 2006. Written Answers 1454 to the fact that these schemes end after a three Minister for Enterprise, Trade and Employ- year period, which causes serious difficulties for ment (Mr. Martin): The Work Permit Section of the leader and person in question; if he will my Department has informed me that it has no extend the remit to carry out employment on record of any valid application in this instance. It such schemes; and if he will make a statement on should be pointed out, however, that incomplete the matter. [2778/06] and incorrectly completed applications, or appli- cations for ineligible sectors or ineligible types of Minister for Enterprise, Trade and Employ- employee are returned to the employer ment (Mr. Martin): The main purpose of the com- concerned. munity employment, CE, programme is to provide work experience and training for the 392. Mr. Connolly asked the Minister for long-term unemployed and disadvantaged Enterprise, Trade and Employment if work per- groups, including those with a disability, and mits will become mandatory for citizens of the 12 thereby enable participants to advance success- most recent EU accession countries; the impli- fully to employment in the open labour market cations for free movement of labour within the by breaking their experience of unemployment Union; and if he will make a statement on the through a return to a work routine and to assist matter. [2861/06] them to enhance-develop both their technical and personal skills. Minister for Enterprise, Trade and Employ- In addition CE assists in the provision of a wide ment (Mr. Martin): I have no plans to require range of social and community services at local nationals of the new member states of the Euro- level which augment and support statutory pean Union to obtain work permits and there are, service provision in these areas. The added value therefore, no implications for free movement of of this involvement with state supported dedi- labour within the Union. cated service provision is the positive training and learning environment provided to the CE partici- Employment Regulation Orders. pant. Many CE participants through this partici- 393. Mr. Wall asked the Minister for pation go on to become qualified professional Enterprise, Trade and Employment if there is workers in selected employments such as child legislation in place or guidelines indicating rates care and personal care assistants. of payment for persons employed in the hotel and Within this context, the ring fencing and prior- restaurant business for premium working hours itisation of places, including those in health for weekends that is Saturday and Sunday; and if related services, has been in place for the past he will make a statement on the matter. five years. As a result of this ring fencing of [2912/06] places, CE participation levels in the Centre for Independent Living is, and will continue to be, Minister of State at the Department of maintained at a constant and supportive level. Enterprise, Trade and Employment (Mr. It should also be noted that under changes Killeen): The wages and employment conditions announced by me on 10 November 2004 that the of workers employed in the hotel and restaurant three year cap for participants on community business are in most instances governed by employment was raised to six years for those over employment regulation orders made pursuant to 55 years of age in order to ensure the mainten- the provisions of the Industrial Relations Acts ance of essential community services particularly 1946 to 2004. in rural areas, where it had been found that diffi- The Hotels Employment Regulation Order culties existed in finding replacement par- applies to workers employed in hotels anywhere ticipants. throughout the State except the County Borough The aim of CE still remains primarily an active of Cork and areas known until 1 January 1994 as labour market programme with the emphasis on the County Borough of Dublin and the Borough the progression and the development of individ- of Du´ n Laoghaire. ual participants. This is optimised when CE Wages and employment conditions of workers schemes are aligned with services provided by the employed in the catering industry are governed responsible statutory provider which in the case by two Catering Employment Regulation Orders, of persons with a disability is the Department of one of which covers workers employed in cater- Health and Children. ing establishments in the areas known until 1 January 1994 as the County Borough of Dublin Work Permits. and the Borough of Du´ n Laoghaire, and the other employment regulation order which covers 391. Mr. Penrose asked the Minister for catering establishments outside that area. Enterprise, Trade and Employment the steps he None of the above orders contains specific pro- will take to ensure that an application for a work vision for payment of a premium for work carried permit by a person (details supplied) in County out on Saturdays. In relation to Sunday work, the Westmeath is expedited; and if he will make a Hotels Employment Regulation Order provides statement on the matter. [2812/06] that “work performed on Sunday, which forms 1455 Questions— 31 January 2006. Written Answers 1456
[Mr. Killeen.] order which covers catering establishments out- part of the 78 hour rostered fortnight, shall be side that area. paid for at double time. The extra pay, which is The Catering Employment Regulation Order additional to normal pay will be based on the for the areas known until 1 January 1994 as the appropriate rate without Board or Lodging”. County Borough of Dublin and the Borough of The order also provides that “when an Du´ n Laoghaire provides the normal working fort- employee works a full day on a Sunday, which is night, before overtime, shall be 78 hours for all in addition to the 78 hour rostered fortnight, he full-time employees aged 18 years and over, over or she shall receive two additional day’s pay a minimum of eight days and a maximum of ten based on the rate without Board or Lodging and days. Normally, staff may be rostered for a pro rata for part-days”. maximum of ten hours per day but this may be The Catering Employment Regulation Order extended to a maximum of 12 hours with the covering workers employed in catering establish- agreement of the individual employer and ments in the areas known until 1 January 1994 as employee. Any shift in excess of eight hours is the County Borough of Dublin and the Borough subject to employees receiving a 15 minutes paid of Du´ n Laoghaire provides that “all workers ros- and a 30 minutes unpaid break under the order. tered to work on Sundays, other than overtime, Employees are entitled to payment in respect of shall be paid time plus one-third for rostered all hours worked and there are no exceptions to work. Work done on a day on which a worker this basic entitlement. would normally be off duty, including Sunday, The Catering Employment Regulation Order shall be paid for at the rate of double time except for the areas other than the areas known until 1 where an option to take time off in lieu is agreed January 1994 as the County Borough of Dublin between the employer and worker”. and the Borough of Du´ n Laoghaire makes no The order also provides that “part-time and specific provision in relation to length of shifts. casual workers are entitled to overtime after 78 However, all employees, aged 18 years and over hours in any fortnightly pay period. Where part- are entitled to breaks and rest periods in accord- time or casual workers work on both Sundays in ance with the Organisation of Working Time Act a fortnight, the second Sunday will be paid at the and are entitled to payment in respect of all appropriate Sunday overtime rate of double time hours worked. (whether or not 78 hours have been completed)”. The Deputy will be aware that it is the function The Catering Employment Regulation Order of joint labour committees established for each of which covers workers employed in catering estab- the sectors concerned to set out minimum rates lishments for areas other than the areas known of pay and relevant conditions of employment in until 1 January 1994 as the County Borough of employment regulation orders. Each committee Dublin and the Borough of Dun Laoghaire pro- is composed of representatives of employers and vides that “work performed on Sunday, as part workers in the sector. of the normal roster, shall be paid at the rate of The labour inspectorate of the Department is double time”. responsible for ensuring compliance with the pro- The Deputy will be aware that it is the function visions of all employment regulation orders. I of joint labour committees established for each of urge anyone who has specific evidence of any the sectors concerned to set out minimum rates breaches of these orders to furnish all the rel- of pay and relevant conditions of employment in evant details and any related materials to the employment regulation orders. Each committee inspectorate which will pursue the matter. is composed of representatives of employers and workers in the sector. Question No. 395 answered with Question No. 389. 394. Mr. Wall asked the Minister for Enterprise, Trade and Employment if, in the hos- Industrial Relations. pitality industry a shift payment is permitted that 396. Mr. F. McGrath asked the Minister for reduces the legal minimum rate of payment Enterprise, Trade and Employment if an investi- (details supplied); and if he will make a statement gation will be carried out in relation to the sack- on the matter. [2913/06] ing of a person (details supplied); if this practice will be ended in the system of industrial relations; Minister of State at the Department of and if the maximum support will be given. Enterprise, Trade and Employment (Mr. [3168/06] Killeen): Wages and employment conditions of workers employed in the catering industry are Minister of State at the Department of governed by two Catering Employment Regu- Enterprise, Trade and Employment (Mr. lation Orders, one of which covers workers Killeen): The system of industrial relations in employed in catering establishments in the areas Ireland is essentially voluntary in nature. The known until 1 January 1994 as the County Bor- State has established a number of institutions to ough of Dublin and the Borough of Du´ n assist in the resolution of trade disputes between Laoghaire, and the other employment regulation employers and workers, including the Employ- 1457 Questions— 31 January 2006. Written Answers 1458 ment Appeals Tribunal. I understand that the ment. Alternatively, one of a couple may receive person referred to in the question has lodged a credited contributions only, in order to maintain claim with the Employment Appeals Tribunal. an insurance record while qualifying as an adult The tribunal is an independent quasi-judicial dependant on a spouse and partner’s or on a part- body and I have no function in relation to its day- ner’s claim. However, there is no obligation on to-day operation. any person to become a qualified adult depend- ant on a partner’s social welfare payment. Social Welfare Benefits. In general a payment limitation applies where unemployment assistance is in payment to one of 397. Mr. Durkan asked the Minister for Social a married or cohabiting couple and the recipient’s and Family Affairs when rent assistance will be partner is also in receipt of a payment. In this put in place in the case of a person (details case, the rate of unemployment assistance pay- supplied) in County Kildare which has already able is the maximum amount payable if one per- been approved by the community welfare officer; son claimed the other as an adult dependant. and if he will make a statement on the matter. Administrative individualisation is in place [2836/06] within the social welfare system, whereby a quali- fied adult dependant may opt to receive the rel- Minister for Social and Family Affairs (Mr. evant payment separately. This does not involve Brennan): The Dublin and mid-Leinster area of any changes in the rules and conditions for the Health Service Executive has confirmed that entitlement but comprises arrangements whereby the person concerned has been awarded a rent payments, which include increases in respect of a supplement with effect from 5 January 2006 and qualified adult, are split between the parties has advised that the first payment for \882.80 will involved. My Department has always provided issue early in the week commencing on 30 for payments to be split in certain circumstances, January 2006. for example, in cases of domestic difficulty where a spouse might otherwise have no other form of Grant Payments. income. 398. Mr. Ring asked the Minister for Social and The issue of better integration of the taxation Family Affairs if a person (details supplied) in and social welfare systems has been considered County Mayo can be reassessed for the farm on a number of occasions since the Commission assist payment due to a change in her circum- on Social Welfare finalised its report in 1986 most stances. [2790/06] notably by the tax welfare integration group in 1996 and in the report of the working group Minister for Social and Family Affairs (Mr. examining the treatment of married, cohabiting Brennan): The person concerned is in receipt of and one-parent families under the tax and social a farm assist payment at the weekly rate \152.80 welfare codes of 1999. The latter report noted with means of \13.00 assessed since 10 August that there are clear differences in the social wel- 2005, derived from income from capital and fare and tax codes in their treatment of different income from a holding. If her circumstances have types of households, but that it could be argued changed since the last means assessment, it is that the income support and revenue generation open to the person concerned to apply for a objectives of the codes were fundamentally review and a form for this purpose has now been different. issued to her. Tax Code. Social Welfare Benefits. 400. Mr. Bruton asked the Minister for Social 399. Mr. Bruton asked the Minister for Social and Family Affairs if arrangements have been and Family Affairs his views regarding ending the made that persons taking up childminding under practice whereby a person on unemployment the \10,000 tax exemption scheme announced in benefit will switch to becoming an adult depen- the 2006 budget could obtain cover at least at dent of his or her spouse; if the spouse is in class S even though exempt from payment of the receipt of a social welfare payment, once the 15 insurance levy on earnings up to \10,000. month claim has expired; his further views on the [2806/06] introduction of a system of individualisation as has been applied in the tax code in order that a Minister for Social and Family Affairs (Mr. person who had been independent for many years Brennan): The childminding relief was should not be switched in this way to become an announced by the Minister for Finance in budget adult dependent. [2805/06] 2006 and will be provided for in forthcoming legislation. It will allow an individual to supervise Minister for Social and Family Affairs (Mr. up to three children in his or her own home, Brennan): Unemployment benefit is a short-term, exempting all related childminding earnings up to contribution-based payment which is payable for a maximum ceiling of \10,000 per annum from up to 15 months, after which a person may apply tax, social insurance and levy payments. If child- for unemployment assistance, a means tested pay- minding income exceeds \10,000, the respective 1459 Questions— 31 January 2006. Written Answers 1460
[Mr. Brennan.] 17,448 families receiving a weekly FIS payment, total amount earned by the minder will be taxable reaching nearly 33,956 children. This is the high- — as normal — under self-assessment est number of FIS recipients in the history of procedures. the scheme. This new scheme for childminders is not a tax Child poverty is clearly a complex area requir- allowance but is in fact an income disregard of ing co-ordinated action across a range of Govern- \10,000. It automatically follows that the amount ment services and income support payments. The earned — once it does not exceed \10,000 — is development of income supports which can make not assessable to either tax payments. Because the most effective contribution to child poverty self-employed income for social insurance pur- lies within my Department’s responsibilities and poses is primarily determined by reference to a series of budgets have increased considerably in income assessable under income tax legislation, real terms the level of resources which are going such income will not be reckonable for the pur- to families with children. poses of making PRSI contributions without a While the range of income and other supports change to social welfare legislation. It is possible, has made very significant contributions, a key of course, that an individual contributor may opt issue arises as to whether this level of resources to make a voluntary contribution to the social is best used to address poverty among those insurance system in order to maintain his or her families. While the solutions to the problem of existing contribution record. child poverty cover a wide range of measures, I will consider the question of any changes to including income supports and services, I am the social welfare code as a result of this measure committed to reviewing the role of child income in the context of forthcoming legislation. supports in this regard. This includes examining the feasibility of merging the family income sup- Social Welfare Benefits. plement and child dependant allowance into a 401. Mr. Penrose asked the Minister for Social second tier child income support taking account and Family Affairs the importance of child of an examination being carried out in this area dependent allowance for families depending upon by the National Economic and Social Council. social welfare; if in this context the failure to increase same since 1994 is the correct policy and 402. Mr. Ring asked the Minister for Social and course of action; if a commitment will be given to Family Affairs the reason a person (details review same in view of commitments for 2006 to supplied) in County Mayo was refused the carer’s 2007; and if he will make a statement on the allowance; if their claim will be reviewed in view matter. [2811/06] of the recent EU directive on immigrant workers and the habitual residency clause being illegal; Minister for Social and Family Affairs (Mr. and when their claim will be approved and Brennan): My Department provides child income awarded. [2844/06] support in a number of ways. The principal sup- port is child benefit, a universal payment which Minister for Social and Family Affairs (Mr. is neutral vis-a`-vis the employment status of the Brennan): As detailed in the reply to Parliamen- child’s parents and does not contribute to poverty tary Questions Nos. 165 of 23 November 2005 traps. Since 1997, the monthly rates of child and 138 of 1 December 2005, the person con- benefit have increased by \111.91 at the lower cerned applied for carer’s allowance in respect of rate and \135.48 at the higher rate, increases of two carees on 4 October 2005. The principal con- 293.8% and 273.6% respectively. From April ditions for receipt of the allowance are that full- 2006, child benefit rates will be \150 per month for each of the first two children and \185 per time care and attention is required and being pro- month for the third and each subsequent child. vided and that the means test that applies are Child benefit is paid to over 547,540 families in satisfied. Additionally, the requirement to be respect of approximately 1,060,740 children. habitually resident in Ireland was introduced as a A second child income support is child depend- qualifying condition for certain social assistance ant allowance, paid in addition to weekly social schemes including carer’s allowance with effect welfare payments in respect of over 255,737 chil- from 1 May 2004. dren at full rate and over 83,577 at half rate. All applicants regardless of nationality are In addition, my Department provides cash sup- required to be habitually resident in the State in port by way of weekly payments to families at order to qualify for carer’s allowance. The basis work on low pay, through the family income sup- for the restriction contained in the new rules is plement scheme. A number of improvements the applicant’s habitual residence. The restriction have been made to the scheme over the years, is not based on citizenship, nationality, immi- including assessment of entitlement on the basis gration status or any other factor. The question of net rather than gross income and progressive of what is a person’s habitual residence is decided increases in the income thresholds, making it eas- in accordance with European Court of Justice ier for lower income households to qualify for case law, which sets out the grounds for assessing payment. As a result, there are currently over individual claims. 1461 Questions— 31 January 2006. Written Answers 1462
Each case received for a determination on the condition for certain social assistance schemes habitual residence condition is dealt with in its and child benefit with effect from 1 May 2004. own right and a decision is based on application The basis for the restriction contained in the new of the guidelines to the particular individual cir- rules is the applicant’s habitual residence. The cumstances of each case. Any applicant who dis- restriction is not based on citizenship, nationality, agrees with the decision of a deciding officer has immigration status or any other factor. The ques- the right to appeal to the social welfare appeals tion of what is a person’s habitual residence is office. decided in accordance with European Court of There has been no change in legislation relat- Justice case law, which sets out the grounds for ing to the habitual residence condition. A circular assessing individual claims. issued in November 2005 clarifying the position Each case received for a determination on the regarding the application of the habitual resi- habitual residence condition is dealt with in its dence condition to supplementary welfare allow- own right and a decision is based on application ance. This was incorrectly reported in some areas of the guidelines to the particular individual cir- of the media as a change in legislation. cumstances of each case. A person who has sup- Having examined all the facts in the case raised plied proof of residence in the common travel by the Deputy, a deciding officer decided that the area for a period of two years or more and who person does not satisfy the habitual residence intends to settle here will satisfy the habitual resi- condition on the grounds that she has not been dence condition. The common travel area continuously resident in the State or in the com- includes Ireland, Great Britain, the Channel mon travel area for the last two years. Further- Islands and the Isle of Man. more, it is not clear that she intends to reside in The person concerned made an application for the State permanently from now on and she has unemployment assistance in August 2005. When maintained substantial links abroad by retaining making his claim for unemployment assistance, property in the United States of America. She he stated that he had lived in Northern Ireland was notified of this decision, the reason for it and the right to an appeal on 21 November 2005. for a period of four years until September 2004. Under social welfare legislation, decisions with His case was referred to the habitual residence regard to claims must be made by deciding unit of my Department for a determination on his officers and appeals officers. These officers are habitual residence in the State. In November statutorily appointed and I have no role in regard 2005, he was requested to submit evidence of his to making such decisions. residence in Northern Ireland for the period from November 2003 to September 2004. 403. Mr. Ring asked the Minister for Social and As the person concerned did not provide the Family Affairs if the child dependant allowance requested information, his application for unem- will be awarded to a person in receipt of social ployment assistance was disallowed in January welfare in respect of their 19 year old student 2006 because he had failed to furnish evidence daughter, in view of the fact that the student that he had lived in the common travel area. daughter is in receipt of the one-parent family Accordingly, he was notified of the deciding allowance in her own right. [2925/06] officer’s decision and was advised of his right of review and appeal. It is open to him to submit the Minister for Social and Family Affairs (Mr. requested proof of residence and his case will Brennan): The award of the one-parent family then be reviewed. payment recognises the recipient as head of a dis- tinct family unit. Payment of a child dependant 405. Mr. Durkan asked the Minister for Social increase in respect of the same person would be and Family Affairs when rent supplement will be inconsistent with that principle. In addition, social awarded to a person (details supplied) in County welfare legislation provides that where a person Kildare; and if he will make a statement on the may qualify for more than one payment, the one matter. [2982/06] that is more beneficial is put into payment. In the scenario outlined in the deputy’s question the Minister for Social and Family Affairs (Mr. one-parent family payment is more beneficial Brennan): The supplementary welfare allowance than the child dependant allowance. scheme, which includes rent supplement, is 404. Mr. Ring asked the Minister for Social and administered on my behalf by the community Family Affairs the reason a person (details welfare division of the Health Service Executive. supplied) in County Mayo has been refused Neither I nor my Department has any function in unemployment assistance by the habitual resi- relation to decisions on individual claims. dence section; and if this case will be The Dublin and mid-Leinster area of the reviewed. [2955/06] executive has advised that the person concerned has been awarded a rent supplement from 1 Minister for Social and Family Affairs (Mr. December 2005 at a rate of \794.80 per month. Brennan): The requirement to be habitually resi- The first payment for rent supplement issued to dent in Ireland was introduced as a qualifying the person concerned on 21 December 2005. 1463 Questions— 31 January 2006. Written Answers 1464
406. Mr. Kirk asked the Minister for Social and employment. He was notified accordingly on 20 Family Affairs if the fuel allowance will be January 2006. The appeals officer’s decision is reviewed with a view to including people in final in the absence of new facts or fresh evi- receipt of small occupational pensions as eligible dence. The person concerned has made an appli- applicants; and if he will make a statement on the cation for farm assist and his file is currently with matter. [3255/06] the social welfare inspector for investigation. When a decision is made, the person concerned Minister for Social and Family Affairs (Mr. will be notified of the outcome. Brennan): The aim of the national fuel scheme is Under Social Welfare legislation decisions in to assist householders on long-term social welfare respect of claims must be made, by deciding or health service executive payments with meet- officers and appeals officers. These officers are ing the cost of their additional heating needs dur- statutorily appointed and I have no role in regard ing the winter season. Fuel allowances are paid to making such decisions. for 29 weeks from the end of September to mid- April and are not intended to meet the full cost Departmental Posts. of heating. Eligibility is subject to means. People who 408. Mr. Stanton asked the Minister for Social already qualify for means-tested pensions or and Family Affairs further to Parliamentary allowances such as old age, non-contributory, Question No. 824 of 25 January 2006 the number pension, long-term unemployment assistance or of posts that his Department is currently working one-parent family payment do not have to to fill as stated in his reply; the location of each undergo a further means test to qualify for fuel post; the grade of each post; the way in which he allowance. The majority of people who receive intends to fill each post; and if he will make a fuel allowances qualify because they satisfy the statement on the matter. [3372/06] relevant means test for their primary weekly payment. Minister for Social and Family Affairs (Mr. Brennan): The filling of posts in the Department In the case of contributory pensions such as old is considered in the context of the Government age contributory, retirement and invalidity pen- policy on public service numbers and of the needs sions, which are not means tested, a person may of the service to be provided. Posts, where they have a combined household income of up to \51 fall vacant, are examined critically on this context per week, or savings or investments of up to before a decision to fill them is made. \46,000, over and above the maximum contribu- The present position is that the Department is tory pension rate used for reference purposes, currently working on filling 50 vacant posts which and still qualify for fuel allowance. In this way, have arisen in recent months. These comprise of the fuel allowance income limits increase each three assistant principal officers, 14 higher execu- season in line with the increases in this reference tive officers, six executive officers, eight staff pension rate. officers and 19 clerical officers. A total of 13 of The 2006 budget provided for an increase in the posts are based in the Department’s local the rate of fuel allowance of \5.00 from \9.00 to \ \ offices, a further eight posts are on investigative 14.00, or 17.90 in designated smokeless areas. duties, with the remaining 29 in various areas of Some 274,000 customers, 151,000 with basic fuel the Department. allowance and 123,000 with smokeless sup- Arrangements are in train to fill these posts in plement, will benefit in 2006 at an estimated cost the normal way including the redeployment of of \125.1 million. staff within the Department on lateral transfer Any changes in the means rules or other con- and the redeployment of surplus staff from the ditions of the scheme would have significant cost Department of Agriculture and Food. In implications and would have to be considered in addition, some posts will be filled by promotion the context of the budget and in the light of the or by recruitment from panels operated by the resources available to me for improvements in Public Appointments Service. social welfare generally. Pension Provisions. 407. Mr. Ring asked the Minister for Social and Family Affairs the outcome of an oral hearing for 409. Mr. Bruton asked the Minister for Trans- unemployment assistance for a person (details port if increases under benchmarking and supplied) in County Mayo. [3289/06] national pay rounds apply to pensioners of the Dublin Port Company; if rights in respect of pay- Minister for Social and Family Affairs (Mr. ment were provided in the Harbours Act 1996; if Brennan): Following an oral hearing, an appeals former employees who had links to, for example, officer disallowed the unemployment benefit the Garda Sı´ocha´na grades have a right to receive claim of the person concerned on the grounds the appropriate linked awards; if the port com- that he is not genuinely seeking work. The pany has discretion regarding the payment of appeals officer was not satisfied that the person pensions in respect of which guarantees were concerned has made sustained efforts to seek given in legislation. [2807/06] 1465 Questions— 31 January 2006. Written Answers 1466
Minister for Transport (Mr. Cullen): Dublin EU law prevents governments from interven- Port Company is the responsible authority for the ing with regard to premium levels or in respect of administration of pension schemes within the what risks insurance companies are prepared to company. Accordingly, payments under such underwrite. According to the motor insurance pension schemes are an operational matter for industry, the cost of insuring a driver who has yet the company and I do not have a role in this to pass the driving test is substantially higher than regard. The legislative provisions relating to for a driver with a full licence. Consequently I superannuation schemes in the State-owned port expect that the implementation of the package of companies are contained in sections 40 and 41 of measures aimed at a substantial increase in test the Harbours Act 1996. throughput will over time reduce the cost of insurance for younger drivers. My Department, Insurance Premiums. in consultation with the Department of Finance, is developing a package of measures to deal with 410. Mr. Connolly asked the Minister for the backlog of driving test applications. Transport his proposals to address the issue of There is a personal responsibility on all who young drivers’ high insurance premiums; and if he drive to drive safely at all times. The National will make a statement on the matter. [2860/06] Safety Council concludes that 86% of collisions are caused by human error. If we all take more Minister for Transport (Mr. Cullen): The care, accidents will reduce, as will the cost of Government’s insurance reform programme motor insurance. initiated in 2002 has been very successful in bring- ing down the cost and increasing the availability of motor insurance. Arising from the insurance Port Development. reform programme, there has been an overall reduction in premia levels for motorists of 26.1% 411. Mr. Bruton asked the Minister for Trans- since April 2003. This has been brought about port the discussions which have occurred regard- chiefly through the initiative of the Government ing the future of port facilities on the east coast; by improving the functioning of the insurance if he has completed his review of investment market decreasing the cost of delivery of compen- priorities; the proposals which are under con- sation and investigating the competitiveness of sideration in respect of Bremore near Drogheda the market. and in respect of Dublin Port; and when the pre- Insurance premia have reduced for young driv- ferred development options will be decided ers, but not as significantly as other categories of upon. [2935/06] drivers. The principal reason the price of motor insurance has decreased less in the case of young 412. Mr. Bruton asked the Minister for Trans- drivers is the high incidence of road accidents port if his attention has been drawn to the occurring in this category. Males aged between 17 announced Progressive Democrats policy in and 25 are over-represented in fatal and serious respect of port development in Louth to take the injury crashes. Unfortunately, road accident pressure from Dublin Port; if there have been dis- statistics indicate that young drivers are eight cussions at Government level; and if a joint policy times more likely to be killed or seriously injured position is emerging. [2936/06] in a road traffic accident than any other sector of the driving population. Minister for Transport (Mr. Cullen): I propose Recent cost surveys carried out by the Finan- to take Questions Nos. 411 and 412 together. cial Regulator show significant differences in On 15 December last, the Progressive Demo- quotes between insurance companies and it pays crats launched a discussion document, A New the motorist to shop around. Moreover, first time Heart for Dublin. According to the document it is drivers will initially be unable to build up a no intended to fuel debate and it invites submissions claims bonus record; something which more from interested parties. experienced drivers can achieve. However, after In January 2005, when responsibility for ports the first year, providing that the necessary con- policy resided in the Department of Communi- ditions are met, the new driver will be able to cations, Marine and Natural Resources, the Mini- apply the first year discount to reduce the cost of ster of State with responsibility for marine affairs his or her policy. launched the Government’s ports policy state- Under the Equal Status Acts 2000 to 2004, a ment. The policy statement aims to better equip person cannot be charged more solely on the the port sector and its stakeholders to meet basis of age unless the insurer can show that the national and regional capacity and service needs. difference in treatment is reasonable and is justi- One of the key challenges that lies ahead is the fied by reliance on actuarial or statistical data or provision of adequate in-time port capacity, other underwriting or commercial factors. particularly for unitised trade. The policy state- Insurers base their premia on their experience of ment sets out a framework to ensure that capacity claims relating to certain demographics and user needs are identified, planned and progressed in a types. coordinated manner. 1467 Questions— 31 January 2006. Written Answers 1468
[Mr. Cullen.] from Dublin City Council. The council has been As an initial step in this process, the Depart- advised that this proposal will be considered in ment consulted with the commercial ports hand- the context of a general revision of the traffic and ling unitised trade, to determine their view of parking regulations. The review is being pursued port capacity and how they intended to deal with initially through the preparation of a new traffic the projected capacity requirement. Both Dublin signs manual being developed at present to Port Company and Drogheda Port Company, provide a comprehensive framework for traffic along with other port companies, responded in signage in the future. this regard with information on their project proposals. Light Rail Project. In addition, in September 2005, the Depart- ment appointed a firm of consultants expert in 414. Mr. G. Mitchell asked the Minister for this field, Fisher Associates, to, inter alia, invite Transport his plans for a Luas line serving Teren- detailed project submissions from the commercial ure, Harold’s Cross and district; and if he will ports and evaluate those submissions. As part of make a statement on the matter. [2771/06] this process the Department of Transport expects submissions from both Dublin Port Company and Minister for Transport (Mr. Cullen): Transport Drogheda Port Company with regard to their 21 provides a Government commitment to capacity plans. deliver an extensive Luas and metro network for The purpose of this process is to satisfy the Dublin in the period up to 2015. Government that the anticipated capacity Transport 21 includes provision for the carry- requirement to 2014 and beyond can be ing out of feasibility work on a number of pro- efficiently and adequately met through the suc- jects including a proposed Luas line from the city cessful advancement and implementation by the centre to Dundrum via Terenure. Transport 21 port sector of some combination of the key pro- involves a very large commitment of financial jects referred to above. It is envisaged that the resources to the development of Dublin’s public final report of Fisher Associates will be finalised transport system, including a major extension of by the second quarter of 2006. the LUAS network. However, those resources Drogheda Port Company has a well-publicised are finite and it has therefore been necessary to proposal to develop a new port facility at prioritise the investments to be made over the Bremore in north County Dublin. Drogheda Port ten-year period. Company updated my officials on the progress of this project at meetings in December 2005 and Landing Rights. January 2006. In addition, I am informed that on Friday, 27 January 2006, Drogheda Port Com- 415. Mr. Stagg asked the Minister for Transport pany published a notice in the national and inter- his views on whether it is preferred that housing national press seeking joint venture partners in areas for helicopters awaiting landing clearance the project. The company is aware that partici- should be over agricultural areas rather than over pation in any such joint venture would require my towns with large populations; and if the Irish approval, given with the consent of the Minister Aviation Authority will be instructed to reverse for Finance. its decision to house helicopters bringing spec- tators to the Ryder Cup over Maynooth town and instead house them over agricultural lands to the Parking Regulations. north and south of the town. [2789/06] 413. Mr. Quinn asked the Minister for Trans- port if he intends to introduce a system to allow Minister for Transport (Mr. Cullen): Neither I for partial footpath parking in some urban areas nor my Department have a role in holding areas at the discretion of local authorities; if such a for helicopters awaiting landing clearances. The system will be implemented through the painting Irish Aviation Authority has informed my of lines on the footpath to indicate the depth at Department that it has not made any decision, which cars might park where such parking was and does not propose to make any decision, to allowed in order to allow wheelchairs, buggies or hold helicopters over Maynooth town during the prams to pass parked cars safely and easily; and Ryder Cup event. The authority has stated that if he will make a statement on the matter. there is consideration of a holding circuit west of [2770/06] Maynooth but this may change as plans evolve closer to the event. Minister for Transport (Mr. Cullen): Article 36 of the Road Traffic (Traffic and Parking) Regu- Driving Tests. lations 1997, S.I. No. 182 of 1997, imposes prohib- itions on the parking of vehicles on public roads, 416. Mr. Perry asked asked the Minister for including a prohibition on parking a vehicle on Transport when a person (details supplied) in a footway. County Sligo will be called for a driving test; the A proposal of the nature referred to by the reason for the delay; and if he will make a state- Deputy was received last year in my Department ment on the matter. [2816/06] 1469 Questions— 31 January 2006. Written Answers 1470
Minister for Transport (Mr. Cullen): A driving which requires me, periodically, to commission an test will be arranged in due course for the per- examination of the performance by the company son concerned. of its functions in so far as they relate to the appli- cation and enforcement of technical and safety Road Safety. standards in aircraft and air navigation. The most recent examination took place in 2004 and con- 417. Ms O. Mitchell asked the Minister for cluded that there is a general, positive and pro- Transport the level of compliance with seat belt active attitude and competence vis-a`-vis safety wearing requirements amongst motorists in 2004 and the maintenance of a high safety level. and 2005. [2883/06] The authority is also periodically subject to external review by EASA, JAA and other agen- Minister for Transport (Mr. Cullen): The most cies such as ICAO and Eurocontrol. I understand recent published data on seat belt wearing rates that these reviews concluded that the Irish is contained in the 2003 Survey of Free Speeds Aviation Authority is performing its functions (Urban and Rural) and Seat-belt Wearing Rates satisfactorily and is appropriately resourced for published by the National Roads Authority, its task. NRA. Wearing rates, deduced from the 2003 sur- veys, were as follows: 85% for drivers; 84% for Road Network. drivers and front seat passengers; 46% for adults occupying rear seats; 68% for primary school 419. Mr. Lowry asked the Minister for Trans- going children occupying front passenger seats; port if correspondence (details supplied) has 62% for secondary school going children occupy- been brought to his attention; his views on the ing front passenger seats; 48% for primary school matter; if funding will be provided to the relevant going children occupying rear seats; and 44% for local authorities to address the matter. [2944/06] secondary school going children occupying rear seats. Minister for Transport (Mr. Cullen): I received I understand that the NRA will soon publish two copy letters from the person referred to by the results of the surveys undertaken in 2005 to the Deputy, one on 3 November 2005 and the determine seat belt wearing rates. other on 20 January 2006. My private secretary responded to both representations explaining that Air Traffic Management. the upkeep and repair of non-national roads, such as the ones referred to in the letters, was the 418. Ms O. Mitchell asked the Minister for responsibility of South Tipperary County Transport if he has satisfied himself that the Irish Council. Aviation Authority has the resources to provide The National Roads Authority has recently sufficient oversight of Irish airlines in view of the announced its grant allocations for 2006. South increased air traffic and of the planned future Tipperary County Council has been allocated a further increases, particularly in view of remarks total of \43,190,190 for road improvement works by the Irish Airline Pilots’ Association regarding in its administrative area. the eroding of safety margins. [2923/06] Road Safety. Minister for Transport (Mr. Cullen): The Irish Aviation Authority was established under the 420. Mr. Connolly asked the Minister for Irish Aviation Act 1993 and given responsibility Transport if left-hand drive cars are treated simi- for the safety regulation of the Irish aviation larly to right-hand drive vehicles for the purposes industry and the provision of air traffic manage- of the national car test; if he has satisfied himself ment services in Irish airspace. The authority that left-hand drive vehicles are appropriate for exercises its safety regulation functions and driving conditions here; and if he will make a service provision functions in accordance with the statement on the matter. [2960/06] norms of international standards and procedures, both European, that is, European Aviation Safety 421. Mr. Connolly asked the Minister for Agency, EASA, Joint Aviation Authorities, Transport his view of the roadworthiness and JAA, Eurocontrol, and global, the International suitability for driving conditions here of the Civil Aviation Authority, ICAA. It is, further- numerous additional left-hand drive cars that more, the competent authority for purposes of have been registered by non-Irish nationals in the EU EASA regulations. recent years; and if he will make a statement on The question of resources within the authority the matter. [2961/06] is entirely a matter for the board. The authority has advised me that its workforce in the safety Minister for Transport (Mr. Cullen): I propose regulation area has been recently reinforced in to take Questions Nos. 420 and 421 together. the operations and airworthiness areas to take The items to be tested, the method of testing account of growth in the aviation industry. and the reasons for failure of the NCT are set My responsibility in the safety functions of the out in the national car test, NCT, Manual 2004 authority arises under section 32 of the 1993 Act, published by my Department. Right-hand drive 1471 Questions— 31 January 2006. Written Answers 1472
[Mr. Cullen.] their right-hand vehicles in jurisdictions where and left-hand drive vehicles are subject to the left-side steering is the norm. same test. An extensive range of requirements relating to 422. Mr. Connolly asked the Minister for the construction, equipment, lighting and use of Transport the number of major road accidents the vehicle must be satisfied in order to use a involving non-nationals since January 2004; the motor vehicle on Irish roads. These requirements number of fatalities involved; his views regarding are set out in the Road Traffic (Construction, the level of left-hand drive cars involved in acci- Equipment and Use of Vehicles) Regulations dents; and if he will make a statement on the 1963 to 2002, the Road Traffic (Construction and matter. [2962/06] Use of Vehicles) Regulations 2003 to 2004 and the Road Traffic (Lighting of Vehicles) Regu- Minister for Transport (Mr. Cullen): Statistics lations 1963 to 1996. On steering, the regulations relating to road accidents, based on information provide that a vehicle must be equipped with a provided by the Garda Sı´ocha´na, are published strong and efficient steering mechanism which by the National Roads Authority, NRA, in its enables the vehicle to be turned easily, quickly annual road accident facts reports. The most and with certainty and which is constructed and recent report, now entitled Road Collision Facts, arranged that no overlock is possible and that the relates to 2004 and is available on the NRA web- wheels will not under any circumstances foul any site. Reports relating to previous years are avail- part of the vehicle. There is, however, no obli- able in the Library. gation for the steering wheel to be on the right- In 2004, 374 people lost their lives in 334 colli- hand side of the vehicle. sions. The 2004 report gives details of the number At European level, the regulatory framework of cars and goods vehicles involved in fatal and for vehicle standards is set through a harmonised injury collisions classified by the driver’s country system of motor vehicle type-approval known as of residence. EU-Vehicle Type Approval, VTA. The VTA Out of 245 cars involved in such collisions 18 — system facilitates the achievement of a single 7% — were driven by drivers who were resident market for motor vehicles and their components outside of the State. In respect of goods vehicles, through harmonised safety and environmental eight out of 90 — 8.8% — were driven by non- standards and, in that regard, standards have residents. been specified in a series of separate EU type- The report does not provide data relating to approval directives including standards relating to the number of non-nationals who died in road steering equipment. The type-approval process collisions or the number of left-hand drive cars ensures that new vehicles put on the market meet involved in collisions generally. the safety and environmental standards laid down by the EU. A fundamental principle of the VTA Landing Rights. system is that it is not open to a member state of 423. Mr. M. Higgins asked the Minister for the EU to refuse to register a new vehicle for use Transport if a DC 9 airliner landed on Irish soil on its roads, on grounds relating to a particular at any time in any of the years 2002, 2003, 2004, vehicle matter, where the vehicle concerned com- 2005 or to date in 2006; and if he will make a plies with the requirements of the relevant type- statement on the matter. [3145/06] approval directive for that matter. Given Single Market rules, a vehicle which is Minister for Transport (Mr. Cullen): In accord- put into service in one member state is entitled ance with international aviation law, overflights to be used and/or traded in any other member or non-traffic stops by an aircraft of an ICAO, state subject, of course, to its roadworthiness and International Civil Aviation Organisation, state compliance with other regulatory requirements, engaged in non-scheduled or private services may for example, VRT and motor tax. Typically, a operate without prior permission from my left-hand drive European vehicle would require Department. adjustments to be made to its headlights and mir- When airlines receive permission to operate rors for it to be used on Irish roads. While the scheduled or charter services they are not alignment of the headlights is checked as part of required to notify my Department of landings by the periodic roadworthiness test, it is a matter for particular aircraft. It is only in the case where an the user of the vehicle to ensure that mirrors are airline makes an application for a single flight correctly set. that my Department would have a record of the Vehicles with left-hand side steering are used specific aircraft being used. in this country by nationals and non-nationals This aircraft has never applied for traffic rights who have imported them temporarily or perma- to my Department and accordingly my Depart- nently for their own use, by operators of specialist ment does not have any records relating to land- vehicles including vehicles not manufactured with ings in Ireland. steering on the right-hand side and by business Dublin, Shannon and Cork Airport Authorities and recreational visitors. Equally importantly, have informed my Department that a DC 9 air- there are Irish vehicle operators who must use craft with the registration number N822US has 1473 Questions— 31 January 2006. Written Answers 1474 not landed at any State airport during the period hold an Irish driving licence; and if he will make 2002 to date. a statement on the matter. [3284/06]
Departmental Records. Minister for Transport (Mr. Cullen): The Road Traffic Acts establish a range of offences that 424. Mr. Bruton asked the Minister for Trans- apply to all road users in the State irrespective of port the amount of interest paid by his Depart- their nationality. ment to contractors or to others due payments Depending on the offences in respect of which from his Department on account of late settle- an accusation is made, a person may be offered ment of the amount due; the rate of interest the option of the payment of a fixed charge or an applying to late payments; and if he has satisfied on-the-spot fine. In the case of certain offences himself that all efforts are made to pay the payment of a fixed charge will result in the promptly. [3201/06] endorsement of penalty points on a person’s licence record. There is, however, no requirement Minister for Transport (Mr. Cullen): In accord- on any accused person to make such a payment. ance with the Prompt Payment of Accounts Act Where a fixed charge or an on-the-spot fine is 1997 and European Communities (Late Payment not paid, the matter proceeds to be heard in the in Commercial Transactions) Regulations 2002, appropriate District Court. the amount of interest paid to contractors or to others due to late settlement of payments on A conviction for the commission of a road account for the year ended 31 December 2005 traffic offence may result in the requirement to was \103. The interest rate chargeable for late pay a fine, imprisonment or the imposition of payment, as set out in the regulations, is the rel- penalty points or a direct driving disqualification. evant European Central Bank, ECB, rate plus Where penalty points are imposed and the per- seven percentage points, currently 9.25%. son does not hold a current Irish driving licence, It is the policy of my Department to ensure a record of the points is created for future that all invoices are paid promptly. The low level transfer to an Irish licence when one is issued to of prompt payment interest payable reflects the that person. system of internal control in place to ensure that Pursuant to regulations made under section 41 all payments are, in as far as possible, paid before of the Road Traffic Act 1995 members of the their due date. Garda Sı´ocha´na can exercise the powers of effect detention, removal, storage and subsequent Light Rail Project. release or disposal in respect of any vehicle the Garda reasonably believes to be registered in the 425. Ms O. Mitchell asked the Minister for State and the Garda believes the vehicle is being Transport if the proposed extension of the LUAS used in contravention of driver insurance require- from Connolly Station to the docklands will ments or that motor tax has not been paid for the terminate at the proposed new mainline station previous three months or longer. In addition, a which is to be located in the docklands; and if he Garda can exercise these powers where a person will make a statement on the matter. [3223/06] driving a vehicle refuses or fails to produce there and then a valid driving licence and the Garda is Minister for Transport (Mr. Cullen): The rail- of the opinion that the person is by reason of his way order application which I received in or her age ineligible to hold a driving licence November last from the Railway Procurement licensing him or her to drive the vehicle. Agency, RPA, for a Luas extension from Where a vehicle is detained, removed and Connolly Station to the Point Depot includes a stored the owner of the vehicle must pay a charge proposed stop at Spencer Dock. for the detention, removal and storage at a rate A major focus of Transport 21 is the inte- of \125 for one day and \35 for each further day gration of services of various modes. While spec- of storage. Where the charges remain unpaid for ific proposals have not yet been received from ´ a period of six weeks the Garda Commissioner Iarnro´ dEireann on the location, in the Dock- may instigate arrangements to dispose of the lands area, of the underground station associated vehicle. with the proposed rail interconnector, I would I propose to consider in consultation with the expect that those proposals will take account of Garda Commissioner the scope for extending the the requirements for optimum integration current operation of the provisions of section 41 between Luas and commuter rail services. to address issues such as the seizure of vehicles registered outside of the State or vehicles being Road Traffic Offences. driven by persons who do not hold current driv- 426. Ms Shortall asked the Minister for Trans- ing licences generally. port the penalties that apply to non-nationals where their car is seized by the Garda Sı´ocha´na; 427. Ms Shortall asked the Minister for Trans- if an on-the-spot fine can be applied; if penalty port the steps he intends to take to address the points can be applied if the non-national does not legal loophole whereby the Garda cannot 1475 Questions— 31 January 2006. Written Answers 1476
[Ms Shortall.] and itineraries to be used in the making of jour- impound untaxed or uninsured foreign-registered neys by such vehicles. However, my Department cars driven by non-residents. [3286/06] is reviewing the special permit system with a view to streamlining the process for vehicles involved Minister for Transport (Mr. Cullen): Section 41 in journeys conducted on a regular basis trans- of the Road Traffic Act 1994 and the Road porting wide and long loads. In that regard, a Traffic Act (Section 41) Regulations 1995 set out meeting was held with the assistant Garda Com- the law relating to the detention of vehicles by missioner, Garda national traffic bureau, in the Garda. Subsection (1)(b) states that vehicles November 2005 at which the Garda agreed to act registered in the State can be detained if a policy as the co-ordinating body for the issue of special of insurance is not in place for the vehicle. Sub- permits for such operations. The implementation section (1)(c) states that vehicles registered in the of such arrangements will require the making of State can be detained where motor tax has not revised regulations, work on which is under way been paid in respect of a continuous period of in my Department. three months or more immediately prior to use. These subsections are being examined by my Dormant Accounts Fund. Department with a view to broadening their scope in a forthcoming road safety Bill so as to 430. Mr. G. Mitchell asked the Minister for enable all vehicles regardless of their country of Community, Rural and Gaeltacht Affairs if a registration to be detained. All victims of unin- group (details supplied) in Dublin 10 can apply sured driving, whether the driver of the uninsured for funding from the dormant accounts fund; and vehicle is Irish or a non-national, are entitled to the way in which they can apply. [2851/06] compensation through the Motor Insurer’s Bureau of Ireland, which is funded through our Minister of State at the Department of Com- motor insurance premia. munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): I announced details on 4 January 2006 \ Industrial Relations. concerning the allocation of 24 million in 2006 from the dormant accounts fund for the purpose 428. Mr. Broughan asked the Minister for of supporting programmes and types of projects Transport his views on reports that some red-cir- tackling social and economic disadvantage. cle workers at Irish Ferries are being let go; his Details of the announcement are available on the further views on whether the agreement that was website of my Department, www.pobail.ie. The reached to end the industrial dispute at Irish detailed arrangements to administer the funding Ferries is being undermined; and if he will make measures announced on 4 January are being a statement on the matter. [3137/06] finalised. It is anticipated that the various measures will be rolled-out on a phased basis Minister for Transport (Mr. Cullen): The over the coming months as the operational Labour Relations Commission brokered the arrangements, including application details, are registered agreement, referred to by the Deputy, finalised. which ended the recent Irish Ferries dispute. I have no function in regard to the implementation of agreements entered into under the auspices of Community Development. the Labour Relations Commission. 431. Mr. S. Ryan asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he will Local Authority Permits. report on the application under the grant aid for 429. Mr. Gilmore asked the Minister for Trans- locally-based community and voluntary organis- port if his attention has been drawn to the incon- ations from a centre (details supplied) in County sistencies that exist between the different systems Dublin and the reason that this application was used by local authorities relating to the issuing of deemed ineligible. [2907/06] permits for the movement of large construction equipment; and if he intends to establish a more Minister of State at the Department of Com- streamlined, manageable and efficient system of munity, Rural and Gaeltacht Affairs (Mr. N. permits under his Department. [36645/05] Ahern): The guidelines for the 2005 programme of grants for locally-based community and volun- Minister for Transport (Mr. Cullen): The Irish tary organisations set out a list of categories of Road Haulage Association has expressed dissatis- organisations and activities which are ineligible faction concerning the existing arrangements for for funding. Sports clubs are one of those ineli- the issue of special permits, particularly in con- gible categories. It was for this reason that the nection with journeys conducted on a regular application from the organisation in question was basis involving wide and long loads. The function deemed ineligible. It is open to the applicant is assigned to local authorities because they are organisation to have the decision reviewed by best placed to assess the suitability of the roads applying in writing to the Department, stating the in their functional areas for use by non-compliant basis for the review, as advised in the notification vehicles and to determine the appropriate routes letter which issued to the organisation recently. 1477 Questions— 31 January 2006. Written Answers 1478
432. Mr. Lowry asked the Minister for Com- luaite ag an Teachta go dtı´ mo Roinnse o´ n Roinn munity, Rural and Gaeltacht Affairs the support Turaso´ ireachta, Spo´ irt agus A´ ineasa. Tar e´is available from his Department for farmers’ deontas i bprionsabal a bheith ceadaithe ar 8 markets; his views on increasing supports for the Feabhra 2002, deimhnı´odh deontas de \127,000 establishment of farmers’ markets; and if he will do´ ibh ar 31 Ma´rta 2003 faoi na Sce´imeanna make a statement on the matter. [2959/06] Feabhsu´ cha´in sa Ghaeltacht, \105,834, agus CLA´ R, \21,166. Ta´ \73,632 den deontas sin Minister for Community, Rural and Gaeltacht ı´octha leo go da´ta agus ta´ iarratas ar ı´ocaı´ocht Affairs (E´ amon O´ Cuı´v): My Department pro- eile a´ mheas ag mo Roinn faoi la´thair. I´ocfar an vides financial support to the establishment and fuı´lleach de re´ir an ghna´th-chleachtais oibre ata´ i development of farmers’ markets through the bhfeidhm do dheontais den chinea´l seo. Leader programmes and the CLA´ R village and countryside enhancement scheme. Communities Grant Payments. and organisations interested in receiving funding may apply to their local Leader group for infor- 435. Mr. Hayes asked the Minister for Agri- mation. In addition, my Department funds the culture and Food when payment will issue to a work of a small food business co-ordinator whose person (details supplied) in County Tipperary work includes developing a cohesive approach under the single payment scheme. [2974/06] between LEADER companies in supporting such markets. These resources are appropriate to meet Minister for Agriculture and Food (Mary current demand. Coughlan): One of the persons named submitted an application under the single payment scheme 433. Mr. M. Higgins asked the Minister for on 14 May 2005. He also included an application Community, Rural and Gaeltacht Affairs the rep- to consolidate his entitlements under the consoli- resentations which he has received from residents dation measure of the scheme. Following an in Erris, County Mayo, with regard to the poten- initial examination of the consolidation appli- tial conversion of the old U´ dara´s site in the Barr cation, it was noted that the person named na Tra´ area into a local community centre; the declared 0.6 hectares for growing potatoes and/or possibility of such a conversion; and the prospects fruit-vegetables on his 2005 single payment appli- of the site being donated by U´ dara´s to the com- cation. In accordance with Article 51 of Council munity group in question. [3146/06] Regulation (EC) No. 1782/2003, lands used for the production of potatoes and/or fruit-vegetables Minister for Community, Rural and Gaeltacht declared by applicants under the single payment Affairs (E´ amon O´ Cuı´v): My Department has not scheme are not eligible to benefit from payment. received a representation in regard to the matter My Department issued a letter to the person referred to by the Deputy. Responsibility for the named on 27 January 2006 outlining this position disposal of U´ dara´s property is entirely a matter and requesting that he indicate whether he ´ for the board of Udara´s na Gaeltachta in accord- wished to proceed or withdraw his consolidation ance with relevant State and EU guidelines and application. Upon receipt of a reply from the per- ´ directives. I understand from Udara´s na Gael- son named, my Department will be in a position tachta that the property in question was adver- to complete processing of his application and tised for sale in September 2005. Following rep- arrange for payment to issue. resentations to an tU´ dara´s from local interests, it was decided to withdraw the property from the 436. Mr. Noonan asked the Minister for Agri- market in order to afford the local community culture and Food when the single farm payment group an opportunity to prepare and present its grant will be awarded to a person (details plans for the potential use of the building. The supplied) in County Limerick; and if she will community group has been asked to submit its make a statement on the matter. [2785/06] proposals by the end of April 2006 and no decision in the matter will be taken by an tU´ dara´s before then. Minister for Agriculture and Food (Mary Coughlan): The person named submitted an 434. D’fhiafraigh Mr. McGinley den Aire Gno´ - application under the single payment scheme on thaı´ Pobail, Tuaithe agus Gaeltachta an bhfuil 16 May 2005. The herdowner also applied to have iarratas faighte ag a Roinn le haghaidh deontais his entitlements consolidated under the 2005 d’eagraı´ocht (sonraı´ tugtha); ce´n uair a frı´theadh scheme consolidation measure. This application an t-iarratas; ar ceadaı´odh an deontas; cad e´ me´id has been processed and payment amounting to \ an deontais; cad e´ an me´id ata´ dı´olta go da´ta; ce´n 8,844.68 in respect of the scheme issued to the uair a ı´ocfar an fuı´lleach agus an nde´anfaidh se´ person named on 27 January 2006. ra´iteas ina thaobh. [3310/06] 437. Mr. Ring asked the Minister for Agri- Minister for Community, Rural and Gaeltacht culture and Food when a person (details Affairs (E´ amon O´ Cuı´v): Rinneadh socru´ imı´ Iu´ il supplied) in County Mayo will receive their 1999 go n-aistreofaı´ iarratas o´ n eagraı´ocht ata´ special beef premium and slaughter premium for 1479 Questions— 31 January 2006. Written Answers 1480
[Mr. Ring.] scheme, which declared 47.05 hectares, was 2004; and if their full single farm payment has received from the person named on 15 May 2005. issued. [2792/06] The person named had established 38.93 entitle- ments, each with a unit value of \62.66, during Minister for Agriculture and Food (Mary the reference period. As part of the control pro- Coughlan): The application under the 2005 single cedures under relevant EU legislation, the appli- payment scheme for the person named has been cation was randomly selected for and was the sub- fully processed and payment has issued. Payment ject of a ground eligibility inspection. Following in full under both the 2004 slaughter premium this successful inspection, the application of the scheme and the 2004 special beef premium person named is being further processed with a scheme have also issued to the person named. view to immediate payment in full under both the However, I have arranged for an official of my disadvantaged areas and the single payment Department to contact the person named directly schemes. to clarify matters as regards these payments. 440. Mr. Hogan asked the Minister for Agri- 438. Mr. Kehoe asked the Minister for Agri- culture and Food when the full single farm pay- culture and Food the reason a person (details ment will be awarded to a person (details supplied) in County Wexford has not received the supplied) in County Kilkenny; and if she will full single farm payment; when remainder of the make a statement on the matter. [2825/06] payment will be made; and if she will make a statement on the matter. [2802/06] Minister for Agriculture and Food (Mary Coughlan): An application under the single pay- Minister for Agriculture and Food (Mary ment scheme was received from the person Coughlan): The person named submitted an named on 16 May 2005. Payment issued to the application under the single payment scheme on person named on 13 January 2006. 12 May 2005. While the person named established 38.42 entitlements, the single payment scheme Animal Diseases. application form declared a total of 24.58 forage hectares. Payment amounting to \6,788.70 in 441. Mr. Naughten asked the Minister for Agri- respect of the scheme issued on 20 December culture and Food the reason her Department has 2005 based on the declared forage area of 24.58 failed to implement in full the December 2001 hectares included on her application form. The agreement with the Irish Farmers Association on person named submitted an application for con- the depopulation of known scrapie flocks; when sideration in respect of the inheritance measure the third element of the agreement on compen- of the scheme. Following processing of this appli- sation associated with restocking will be cation the person named was notified that her implemented; and if she will make a statement on inheritance application was successful, and the the matter. [2909/06] number of entitlements transferred to her was based on the number of hectares inherited. 442. Mr. Naughten asked the Minister for Agri- However, as the predecessor of the person named culture and Food the steps she is taking to established entitlements partly on owned and implement in full the recommendations set out in leased lands, the total single payment transferred the Crosby report on scrapie compensation; and should have been divided by the number of hec- if she will make a statement on the matter. tares to establish the number of entitlements [2910/06] transferred. The amended position established by my Department is that the person named holds Minister for Agriculture and Food (Mary 24.58 entitlements with a gross single payment Coughlan): I propose to take Questions Nos. 441 value of \11,275.12. Arrangements have been and 442 together. made to issue a supplementary payment The agreement of December 2001 with the reflecting the amended position to the person Irish Farmers Association did not contain a com- named shortly. mitment on the part of my Department to meet costs related to restocking in years 4 to 6 follow- 439. Mr. Crawford asked the Minister for Agri- ing flock depopulation as a result of scrapie. culture and Food when a person (details However, following consideration of a technical supplied) in County Monaghan will be granted report on possible additional costs that could their area aid and single payment due in October arise in those years for those who restocked in 2005 and 1 December 2005 and promised pay- year 3, I sought and received approval from the ment at an early date through written answer on EU Commission, under state aid rules, to make 15 December 2005; and if she will make a state- additional payments to flockowners who had ment on the matter. [2824/06] flocks depopulated as a result of scrapie during the period December 2001 to 15 April 2003. As Minister for Agriculture and Food (Mary the additional costs in each case would be related, Coughlan): An application under the inter alia, to the number of breeding ewes in the disadvantaged areas scheme-single payment flocks in years 4 to 6, my Department issued 1481 Questions— 31 January 2006. Written Answers 1482 documentation along with declaration forms to to as this person seeks to establish their full the relevant flockowners in late November last in entitlements to single farm payment; and the relation to these payments for year 4. steps she will take to have same dealt with with- Flockowners who wish to be considered for these out further delay; and if she will make a state- payments were requested to return the completed ment on the matter. [2940/06] stocking declaration form together with their flock register. A number of flockowners have Minister for Agriculture and Food (Mary submitted their applications, inspections have Coughlan): The person named submitted a single been carried out and payments issued. Some of payment application to activate his single pay- the flockowners have difficulty with the forego- ment entitlements on 16 May 2005. He also sub- ing. While discussions are continuing with farmer mitted an application to transfer his entitlements representatives on this, payments must be based by sale to another farmer by private contract on relevant accounting principles and must clause. The EU regulations allow farmers for avoid overpayment. whom entitlements have been established and who, before 16 May 2005, have sold their land to Grant Payments. another farmer, to also sell the entitlements to that other farmer by inserting a clause in the sale 443. Dr. Upton asked the Minister for Agri- contract to the effect that the entitlements are culture and Food if a person (details supplied) in now also being transferred with the lands. The County Galway who was unable to farm during person concerned had established his entitle- the single payment reference years 2000-02 ments on his own lands, which he subsequently inclusive, who had farmed the same land for the sold without the entitlements. Therefore, he did previous thirty years, will under circumstances be not have lands to enable his entitlements to be entitled, at this juncture, to apply for some or all transferred under the provisions of the EU regu- of the entitlement they would have had the lations and my Department could not approve of benefit of, had they been able to farm during the the sale of entitlements without lands. aforementioned single payment reference years; Under the regulations, entitlements established and if she will make a statement on the for a farmer cannot be sold without land to matter. [2915/06] another farmer until at least 80% have been used in one calendar year. The entitlements concerned Minister for Agriculture and Food (Mary have been activated in 2005 by the person named Coughlan): A provisional statement indicating and are currently held to him. He may use the 4.69 entitlements worth \384.55 each and entitlements in 2006 by declaring one hectare of amounting to \1,803.54 issued to the person land for each entitlement under the 2006 single named. These entitlements reflect the average of payment scheme and comply with the terms and the premia paid to the person named during the conditions of the scheme. Having used at least reference period 2000-02 under the premia and 80% of entitlements in 2006, the entitlements arable aid schemes. My Department has no may then be sold without land. record of an application from the person named for a review of these entitlements or for consider- ation of their circumstances under the force Food Industry. majeure measure of the single payment scheme. 446. Mr. Lowry asked the Minister for Agri- culture and Food the support available from her 444. Mr. Naughten asked the Minister for Agri- Department for farming markets; her views on culture and Food when a person (details increasing supports for the establishment of farm- supplied) will receive the single farm payment; ing markets; and if she will make a statement on the reason for the delay in issuing same; and if the matter. [2958/06] she will make a statement on the matter. [2933/06] Minister for Agriculture and Food (Mary Coughlan): Farmers’ markets represent a real Minister for Agriculture and Food (Mary growth opportunity for farmers and small-scale Coughlan): The person named has submitted an food producers. There are now more than 100 of application for consideration in respect of the these markets in operation throughout Ireland, inheritance measure of the single payment reflecting the increased demand for fresh locally scheme. Following the processing of his appli- produced foods. With changing consumer prefer- cation, the person named was notified on 26 ences, there is potential for further growth in the January 2006 that his application was successful. quantity and variety of produce sold through Payment in respect of the single payment scheme these markets. I am very aware of the role that is scheduled to issue to the person named shortly. farmers markets perform in supplementing farm incomes, providing an alternative route to the 445. Mr. Penrose asked the Minister for Agri- market for small food producers and providing culture and Food the reason correspondence consumers with an alternative retail experience. from a person (details supplied) in County West- They offer direct access to consumers and assist meath of 8 November 2005 has not been replied the development of local and regional speciality 1483 Questions— 31 January 2006. Written Answers 1484
[Mary Coughlan.] The person named also submitted an appli- foods. In addition, there is a myriad of indirect cation for consideration under the force majeure- benefits in terms of improved community spirit, exceptional circumstances measure of the single increased employment and added value for payment scheme. Having processed this appli- tourism. cation, the herd owner was advised by my Bord Bia, as part of its statutory role in pro- Department on 4 July 2005 that the application moting the development of Ireland’s food and was unsuccessful, as no grounds had been estab- drink industry, is working with other State and lished for increasing the sheep numbers during local agencies to exploit these growing oppor- the reference period. However, my Department tunities. In co-operation with Invest Northern has included this case with those cases currently Ireland, they have published a comprehensive being reviewed in the context of the effect of par- information guide on the operation of the farmers ticipation in agri-environmental schemes on markets. Bord Bia has a dedicated person in the stocking levels. The person named will be noti- small business department to assist both pro- fied of the outcome of this review in due course. ducers and individuals, and performs a vital sup- port function for farmers markets through the 448. Mr. Connaughton asked the Minister for provision of advice and mentoring assistance. Agriculture and Food when the special beef pre- There are a number of other ongoing initiat- mium scheme will issue to a person (details ives. Bord Bia continues to work closely with the supplied) in County Galway; and if she will make Office of Public Works on developing the suc- a statement on the matter. [2997/06] cessful ‘Food at Farmleigh’ programme. The ‘Farmleigh’ model is being rolled out to other Minister for Agriculture and Food (Mary Coughlan): The person named submitted four OPW heritage properties around the country this applications in respect of a total of 49 animals year in places like Donegal, Laois, Wexford and under the 2004 special beef premium scheme. As Cork. Bord Bia has also liaised with Dublin City animal passports were not submitted in respect of Council as part of the Smithfield regeneration seven animals, only 42 animals were potentially programme and the proposed development of the eligible for payment. Following computer vali- fruit, vegetable and fish markets. Interested par- dation of these applications, it was found that ties were invited to make submissions on the pro- seven animals were not recorded on the CMMS posed regeneration to the Dublin City planner database as being in the herd of the person and a consultative forum, including Bord Bia, was named on the date of application for the scheme. established. This initiative will provide small food Under the rules of the scheme, it was appropriate producers with direct access to the lucrative that these animals be rejected, that is, not paid Dublin market. premium and a reduction penalty applied to any payments due in respect of the other applications. Grant Payments. Given the level of non-compliance, no payment 447. Mr. Perry asked the Minister for Agri- was due to the person named under the 2004 culture and Food the reason a person (details scheme, in accordance with the governing EU supplied) was not awarded their full entitlement regulations. under the single payment; if their file will be However, following a review of the circum- reviewed in view of correspondence attached; and stances of the case, and a satisfactory resolution to the registration problems, the proposed pen- if she will make a statement on the matter. alty will not now be applied. The applications are [2970/06] now being further processed with a view to pay- ment at an early date, if otherwise in order. Minister for Agriculture and Food (Mary Coughlan): The person named submitted an 449. Mr. Connaughton asked the Minister for application under the inheritance measure of the Agriculture and Food the position regarding an single payment scheme. Following processing of application under the single payment scheme by this application, the person named was requested a person (details supplied) in County Galway; to submit details of the transfer of the holding. and if she will make a statement on the The supporting documentation requested by my matter. [2998/06] Department on two occasions, was never submit- ted. This resulted in my Department notifying the Minister for Agriculture and Food (Mary person named on 11 August 2005 that her appli- Coughlan): The person named submitted an cation was unsuccessful. application for an allocation of entitlements from An application form requesting the transfer of the single payments scheme national reserve entitlements as a result of a change in the details under category D. Category D caters for farmers of the ownership of the herd number has been who commenced farming after 31 December 2002 issued to the person named. When this form is or who commenced farming in 2002 but who completed and returned to my Department, this received no direct payments in respect of that transfer of entitlements will be completed and scheme year. In addition, the farmer must have payment will issue. either purchased or inherited land. 1485 Questions— 31 January 2006. Written Answers 1486
The position is that more than 23,000 appli- Grant Payments. cations for an allocation of entitlements from the 453. Mr. Deenihan asked the Minister for Agri- national reserve were received when account is culture and Food when payment under the single taken of farmers who applied under more than payment scheme will be made to a person (details one category. Processing of these applications is supplied) in County Kerry; and if she will make continuing and the intention is to make allo- a statement on the matter. [3245/06] cations to successful applicants at the earliest opportunity. Minister for Agriculture and Food (Mary My Department will be in contact with individ- Coughlan): The person named established ual applicants as soon as their applications are entitlements during the reference years. In 2005, fully processed when formal letters setting out my he entered into a partnership with his son. In Department’s decision will be issued. order to receive the entitlements, an application to transfer entitlements into both names as a 450. Mr. Connaughton asked the Minister for result of a change in ownership of the herd Agriculture and Food the position regarding an number must be submitted. This application was application under the single payment scheme by not received in my Department. a person (details supplied) in County Galway; An application form has now been sent out to and if she will make a statement on the the person named. When this form is returned, matter. [2999/06] the entitlements can be transferred to the current registered owners and payment will issue. Minister for Agriculture and Food (Mary Coughlan): The person named submitted an Legal Education. application under the single payment scheme on 9 May 2005. His application to consolidate his 454. Mr. Gregory asked the Minister for entitlements was fully processed and payment Justice, Equality and Law Reform his views on amounting to \9,481.59 was issued by my Depart- the need to deregulate the legal education ment on 29 December 2005. market; and if he will make a statement on the matter in view of the failure of the Law Society 451. Mr. Connaughton asked the Minister for and the Kings Inns to publish criteria for inde- Agriculture and Food the position regarding an pendent colleges to provide training courses for application for the single payment scheme by a solicitors and barristers as directed by the Com- person (details supplied) in County Galway; and petition Authority. [2773/06] if she will make a statement on the matter. [3000/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): The Competition Authority Minister for Agriculture and Food (Mary published a preliminary report on competition in Coughlan): The application under the 2005 single legal services in February 2005 which included a payment scheme for the person named has been number of recommendations, addressed to the fully processed and payment has issued. Law Society and King’s Inns, on the supply of legal education. The report recommended that the Law Society should issue detailed criteria by Departmental Expenditure. 30 September 2005 pursuant to which it will 452. Mr. Bruton asked the Minister for Agri- licence institutions to provide professional edu- culture and Food the amount of interest paid by cation courses and that King’s Inns, by the same her Department to contractors or to others due date, should also issue detailed criteria pursuant payments from her Department on account of to which it will recognise barrister-at-law degrees late settlement of the amount due; the rate of awarded by other educational providers and interest applying to late payments; and if she has allow persons awarded such degrees entry to the satisfied herself that all efforts are made to pay barrister’s profession. The final report of the promptly. [3203/06] Competition Authority is due to be published later this year and I expect that its conclusions Minister for Agriculture and Food (Mary will take account of the views of the Law Society Coughlan): It is the policy of my Department to and King’s Inns on the recommendations made fully comply with the terms of the Prompt Pay- in the preliminary report. ment of Accounts Act 1997 and with the regu- On a related matter, in December 2005 the lations on combating late payment in commercial Government approved my proposals to establish transactions. There are procedures in place to a legal services ombudsman on a statutory basis meet their requirements and there is ongoing to oversee the handling of various classes of com- monitoring to ensure compliance with their plaints against solicitors and barristers by the Law provisions. Society and Bar Council. As one of his functions, The total interest paid during 2005, resulting the legal services ombudsman will prepare an from late payments made to contractors and annual report on the numbers of persons admit- others, amounted to \11,907.81. The annual rate ted to the legal professions and an assessment of of interest rate applicable for the year was 9%. the adequacy of same having regard to the level 1487 Questions— 31 January 2006. Written Answers 1488
[Mr. McDowell.] I recently approved a transfer to the Midlands of demand for legal services and the overall Prison in Portlaoise for this prisoner. I am not numbers of practising barristers and solicitors. prepared to authorise a transfer to either Shelton The establishment of the office of the legal Abbey or Portlaoise Prison. As I have repeatedly services ombudsman will form part of a Civil Law stated, no level of illegal drug consumption in a (Miscellaneous Provisions) Bill to be published in prison setting is acceptable to me or to the prison the current Da´il session. authorities. It is my intention and that of the Irish Prison Service to take all necessary measures to Visa Applications. eliminate drug misuse among prisoners. There are currently a range of measures employed in 455. Mr. Hogan asked the Minister for Justice, the Irish Prison Service with the aim of eliminat- Equality and Law Reform the reason it takes so ing both the supply of and the demand for drugs long to process visas for non-nationals wishing to within the prison system. These measures con- study here; and if he will make a statement on tinue to be updated and reinforced and the new the matter. [2927/06] drugs policy for the Prison Service, which I will very shortly publish, will again outline my per- Minister for Justice, Equality and Law Reform sonal commitment to tackling this problem. (Mr. McDowell): The visa section in my Depart- Measures to curtail the supply of drugs into ment is committed to providing a high quality prisons, include video surveillance, improved vis- service to all its customers and is making every iting-searching facilities and increased vigilance effort to process all visa applications in as timely by staff. Netting has been installed over the a manner as possible. The timeframe for pro- recreation yards in a number of our closed cessing visa applications has been reduced in prisons, to prevent contraband material, such as recent months and study visa applications cur- drugs, being propelled over exterior walls. Future rently take approximately three weeks from the prison designs will seek to locate recreation yards date of receipt in the visa section. This may away from perimeter walls as part of further change from time to time depending on the vol- efforts to frustrate the supply of illegal drugs. umes of applications at particular times and the Measures to reduce the demand for drugs resources available to process them. within the prison system include education, treat- In June 2002, my Department took the unpre- ment and rehabilitation of drug addicted cedented step of seconding a number of dedi- offenders. These programmes and interventions cated visa officers to the Irish embassies in Mos- are delivered on an individual and co-ordinated cow and Beijing. A primary objective of this basis by the psychology service, probation and initiative was to enable the provision of a better welfare service, prison education service and and more timely customer service by making prison officers. Particular initiatives put in place decisions locally rather than having large include drug free areas, drug misuse awareness numbers of visa applications sent to Dublin for programmes, support programmes and appro- decision. Following on from the success of this priate health interventions, substitution therapies, initiative, dedicated visa officers have also vaccination programmes and treatment for viral recently been seconded to the Irish Embassy in illnesses. When introduced, mandatory drug test- ing will play an important role in the overall New Delhi. Significant extra resources have also strategy for tackling the scourge of drug use been allocated to the visa office in the Depart- among prisoners. It will enable identification and ment to cater for the large volume of referral of drug abusers to treatment prog- applications. rammes, enable enhanced focusing of resources and act as a deterrent to drug misuse. Drug Treatment Services. The prisoner is advised to make contact with 456. Mr. Howlin asked the Minister for Justice, probation and welfare service to discuss his part- Equality and Law Reform his views on transfer- icular needs and they will advise him on what ring a person (details supplied) in County options are appropriate to him. Wexford from Mountjoy to Portlaoise or Shelton Abbey to ensure that they will no longer have Citizenship Applications. easy access to heroin; if addiction treatment will 457. Mr. Quinn asked the Minister for Justice, be available to this person while they are incar- Equality and Law Reform if a decision will be cerated; and if he will make a statement on the given to a person (details supplied) in Dublin 6 matter. [2764/06] regarding their application for reunification of their family from Iran; and if he will make a state- Minister for Justice, Equality and Law Reform ment on the matter. [2765/06] (Mr. McDowell): The person referred to is serv- ing cumulative sentences totalling 14 months for Minister for Justice, Equality and Law Reform burglary, assault and threatening-abusive behav- (Mr. McDowell): The refugee in question made iour. He is at present due for release from prison an application for family reunification in respect on 3 August 2006. of his mother and siblings. My Department has 1489 Questions— 31 January 2006. Written Answers 1490 recently been in correspondence with him Minister for Justice, Equality and Law Reform requesting further documentation in support of (Mr. McDowell): As the Deputy may be aware, the application. On receipt of this documentation responsibility for the National Childcare Invest- a decision will be made in this case. ment Programme 2006-2010 has been assigned to the Department of Health and Children as part Firearm Offences. of the establishment of the new Office of the Minister for Children under the Minister of State 458. Mr. G. Mitchell asked the Minister for with responsibility for children, Deputy Brian Justice, Equality and Law Reform if reports have Lenihan. been received of persons carrying guns as a form With regard to the application for capital grant of fashion accessory; if so, the nature of these assistance under the Equal Opportunities Child- reports; if carrying guns has become so prevalent as to require special consideration by the Govern- care Programme 2000-2006, I understand that the ment and Houses of the Oireachtas. [2766/06] community based group in question was not recommended for capital funding as the proposal Minister for Justice, Equality and Law Reform is not deemed to adequately meet the criteria of (Mr. McDowell): I am informed by the Garda the programme. The current service is operating authorities that they have no intelligence which below capacity and there was limited evidence of indicates that persons are carrying guns as a form a need for the proposed service and its future sus- of fashion accessory. As the Deputy will be tainability based on projected income and costs. aware, any person wishing to possess, carry or use I understand from inquiries I have made that, to a firearm must obtain a firearms certificate from date, the group has not submitted an appeal of a Garda superintendent and comply with specific this decision. requirements under the Firearms Acts 1925 to 2000. Any person found in possession of, carrying Garda Stations. or using a firearm in contravention of the Fire- 460. Mr. Gregory asked the Minister for arms Acts is subject, on conviction, to a fine of Justice, Equality and Law Reform the timescale up to \635 or imprisonment of up to a maximum for the temporary relocation of Fitzgibbon Street of five years or both. In this regard, I wish to Garda station to allow for its refurbishment; the inform the Deputy that, in the context of the location to which the Garda station will be tem- Criminal Justice Bill 2004, which is currently porarily rehoused; if the building next to the before the House, I propose to bring forward a Garda station in Fitzgibbon Street currently used wide range of amendments which will strengthen by the Garda Sı´ocha´na can be retained in use the law governing the control of firearms. Included in these proposals are measures which during the refurbishment; and if a nearby build- will introduce new offences concerning the modi- ing (details supplied) could be utilised. [2774/06] fication of firearms such as “sawing off” a shot- gun; increase the fines and penalties generally for Minister for Justice, Equality and Law Reform offences under the Firearms Acts; and create (Mr. McDowell): It is the intention to relocate the mandatory minimum sentences, of between five station party in Fitzgibbon Street to temporary and ten years, for certain firearms offences, accommodation to allow a much needed refur- including possession of a firearm in suspicious cir- bishment of the station to be undertaken. As var- cumstances, possession of a firearm with criminal ious options for the relocation of the station are intent, possession of a firearm with intent to being considered by the Garda authorities and endanger life or cause serious injury to property, the Office of Public Works, I am not in a position possession of a firearm while hijacking a vehicle, at this time to indicate any timescale for the and use or production of a firearm to resist arrest. move. Consideration is being given, however, to I also propose providing a statutory basis for retaining the building next door to the station for an amnesty during which firearms may be surren- Garda use during any refurbishment. dered to the Garda Sı´ocha´na before new penal- The sourcing of alternative accommodation is a ties and minimum mandatory sentences are intro- matter in the first instance for the Office of Public duced. The amnesty will enable those in Works which has responsibility for such matters. possession of firearms who are not in compliance I am informed by the Garda authorities that the with the legal requirements to regularise their premises mentioned by the Deputy have not been position, and thus enable the Garda Sı´ocha´na to considered by them. I have, however, furnished concentrate on more serious offenders. details of the building referred to by the Deputy to the Office of Public Works. Child Care Services. Residency Permits. 459. Mr. Walsh asked the Minister for Justice, Equality and Law Reform if a decision will be 461. Mr. O’Shea asked the Minister for Justice, made on an application for a capital grant under Equality and Law Reform if his decision to refuse EOCP 2000-2006 to a group (details supplied) in residency on the basis of an Irish born child to a County Cork. [2772/06] person (details supplied) in County Waterford 1491 Questions— 31 January 2006. Written Answers 1492
[Mr. O’Shea.] Registry to contact the Deputy directly concern- will be reviewed; and if he will make a statement ing the current position of the folio in question. on the matter. [2787/06] Closed Circuit Television Systems. Minister for Justice, Equality and Law Reform (Mr. McDowell): The person in question applied 465. Mr. Hogan asked the Minister for Justice, for permission to remain in Ireland on the basis Equality and Law Reform when closed circuit of having an Irish born child prior to 1 January television cameras will be provided for Carlow 2005, in accordance with the revised arrange- town; and if he will make a statement on the ments announced by me on 15 January 2005. Her matter. [2817/06] application is currently being reviewed and I will notify the Deputy when the outcome of the Minister for Justice, Equality and Law Reform review is known. (Mr. McDowell): As the Deputy is aware, Carlow is one of the 11 remaining locations nationwide Garda Stations. which form part of the Garda CCTV programme. Following recommendations from the Garda 462. Mr. Stagg asked the Minister for Justice, authorities, I have approved the implementation Equality and Law Reform if his attention has of six new Garda CCTV systems. With the been drawn to the fact that gardaı´ are not allowed addition of these six new locations a total of 17 to use the new Garda station at Derrinturn, Car- Garda town centre CCTV systems, including bury, County Kildare for health and safety Carlow, will be implemented in the following reasons, namely, due to the fact that there is no locations: Athlone, Ballyfermot, Carlow, Castle- back door on the premises; if he will arrange to bar, Clondalkin, Clonmel, Drogheda, Dungarvan, have the matter examined with a view to having Ennis, Kilkenny, Kinsale, Mullingar, Portlaoise, remedial action taken that will allow the early use Sligo, Tallaght, Tullamore and Waterford. of the new premises; and if he will make a state- As I have indicated previously, I am anxious ment on the matter. [2788/06] to accelerate the implementation of this CCTV programme and reduce as far as possible the Minister for Justice, Equality and Law Reform workload of the Garda Sı´ocha´na in this regard. (Mr. McDowell): Health and safety standards in The answer is to outsource the installation of the construction of Garda stations are the Garda CCTV systems to the greatest extent pos- responsibility of the Office of Public Works, sible, making use not only of the technical but which has informed me that the recently com- also of the project management expertise in the pleted new Garda station in Derrinturn meets all private sector. the appropriate standards. Accordingly, I expect that the gardaı´ will occupy the station very In recent months the Garda Sı´ocha´na has con- shortly. ducted a thorough examination of all aspects of Garda involvement in CCTV systems. Following this review, I recently received a comprehensive Garda Reserve Force. and innovative proposal for the project manage- 463. Mr. Bruton asked the Minister for Justice, ment and the outsourced service provision of Equality and Law Reform the terms and con- Garda CCTV systems, including Carlow, from ditions which will apply to the deployment of the the Garda Commissioner. proposed reserve force to back up the Garda The Garda authorities wish to commence the Sı´ocha´na; the training which will be provided for initial public procurement process and I am also these persons; the powers that they will have at anxious to proceed urgently with this comprehen- their disposal; the tasks that they will undertake; sive request for tender to source the best CCTV if they will have their own command structure; service possible for Carlow and the other 16 and if he will make a statement on the matter. locations selected. This will happen in conjunc- [2804/06] tion with the imminent commencement of section 38 of the Garda Sı´ocha´na Act 2005, which pro- Minister for Justice, Equality and Law Reform vides a legislative basis for the operation of (Mr. McDowell): I refer the Deputy to my reply CCTV in public places. My Department is cur- to Question No. 1148 on Wednesday, 25 January rently in consultation with the Department of 2006. Finance with a view to proceeding as quickly as possible with the procurement process to contract Registration of Title. the project managers and outsourced service pro- 464. Mr. Perry asked the Minister for Justice, viders for the development, installation and man- Equality and Law Reform the legal ownership of agement of these CCTV systems. a folio (details supplied); and if he will make a My ambition is to have a Garda CCTV system statement on the matter. [2815/06] operating in Carlow and the other locations, at the earliest opportunity subject to compliance Minister for Justice, Equality and Law Reform with relevant procurement legislation and (Mr. McDowell): I have requested the Land procedures. 1493 Questions— 31 January 2006. Written Answers 1494
Garda Deployment. remain temporarily in the State, leaving the State before the deportation order was made; or con- 466. Mr. Hogan asked the Minister for Justice, senting to the making of the deportation order. Equality and Law Reform the number of gardaı´ As of now, no such representations have been employed in Carlow town for each year from received by my Department. 2002 to 2005; and if he will make a statement on the matter. [2818/06] Residency Permits. Minister for Justice, Equality and Law Reform 468. Mr. Durkan asked the Minister for Justice, (Mr. McDowell): I have been informed by the Equality and Law Reform if the application for Garda authorities which are responsible for the residency status in the case of a person (details detailed allocation of resources, including person- supplied) in Dublin 22 will be considered; and if nel, that the personnel strength of Carlow Garda he will make a statement on the matter. station as at years ending 31 December 2002 to [2839/06] 2005, inclusively, was as set out in the table hereunder: Minister for Justice, Equality and Law Reform (Mr. McDowell): The person concerned arrived Station 2002 2003 2004 2005 in the State on 2 November 2004 and applied for asylum. Her application was refused following Carlow 51 50 53 54 consideration of her case by the Office of the Refugee Applications Commissioner and, on The timescale for achieving the target strength of appeal, by the Refugee Appeals Tribunal. Sub- 14,000 members of the Garda Sı´ocha´na, in line sequently, in accordance with section 3 of the with the commitment in An Agreed Programme Immigration Act 1999, as amended, she was for Government, remains as when I announced informed by letter dated 17 November 2005 that the Government approval in October 2004 for my the Minister proposed to make a deportation proposals to achieve this objective. The phased order in respect of her. She was given the options, increase in the strength of the Garda Sı´ocha´na to to be exercised within 15 working days, of making 14,000 will lead to a combined strength, of both representations to the Minister setting out the attested gardaı´ and recruits in training, of 14,000 reasons she should be allowed to remain tempor- by the end of this year. As part of the accelerated arily in the State, leaving the State before an recruitment campaign to facilitate this process, order is made, or consenting to the making of a 1,125 Garda recruits were inducted to the Garda deportation order. Her case file, including all rep- College during 2005. The college will induct 1,100 resentations submitted, will be considered under recruits this year and a further 1,100 in 2007, by section 3(6) of the Immigration Act 1999, as way of intakes to the Garda College of approxi- amended, and section 5 of the Refugee Act 1996 mately 275 recruits every quarter. This project is — prohibition of refoulement. I expect the file to fully on target and will be achieved. be passed to me for decision in due course.
Deportation Orders. 469. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the status in respect of 467. Mr. Hayes asked the Minister for Justice, residency and work permit eligibility in the case Equality and Law Reform if a decision to deport of a person (details supplied) in County a person who had permission to remain here from Kildare. [2840/06] December 2000 until March 2004 will be recon- sidered. [2829/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy to the answer Minister for Justice, Equality and Law Reform I gave to Question No. 35 on Tuesday, 17 May (Mr. McDowell): The individual concerned 2005. entered the State on 9 December 2001 and his The person concerned arrived in the State on passport was stamped by the Garda National 12 April 1999 and applied for asylum. His appli- Immigration Bureau giving him permission to cation was refused following consideration of his remain in the State until 29 November 2002. His case by the Office of the Refugee Applications passport was subsequently stamped, giving him Commissioner and, on appeal, by the Office of permission to remain in the State until 23 March the Refugee Appeals Tribunal. 2004. The individual concerned has resided The person concerned was informed by letter illegally in the State from that date. dated 31 May 2001 that the Minister proposed to In accordance with section 3 of the Immi- make a deportation order in respect of him and gration Act 1999, the person concerned was afforded him three options in accordance with informed on 18 January 2006 that the Minister section 3(3)(b)(ii) of the Immigration Act 1999 as was proposing to make a deportation order in amended, namely, to leave the State voluntarily, respect of him. He was, in accordance with the to consent to the making of a deportation order Act, given the option of making representations or to submit, within 15 working days, represen- within 15 working days setting out the reasons he tations to the Minister, in writing, setting out the should not be deported, namely, be allowed to 1495 Questions— 31 January 2006. Written Answers 1496
[Mr. McDowell.] son concerned would be finalised in or around reasons he should be allowed to remain tempor- June 2006. This is still the position. arily in the State. His case was examined under section 3(6) of the Immigration Act 1999, as 472. Mr. Durkan asked the Minister for Justice, amended, and section 5 of the Refugee Act 1996 Equality and Law Reform the position in relation — prohibition of refoulement. On 20 February to citizenship status in the case of a person 2002, my predecessor refused temporary leave to (details supplied) in Dublin 15; and if he will remain and signed a deportation order in respect make a statement on the matter. [2843/06] of him. Notice of this order was served by regis- tered post requiring him to present himself to the Minister for Justice, Equality and Law Reform Garda National Immigration Bureau, GNIB, (Mr. McDowell): I have been advised by officials 13/14 Burgh Quay, Dublin 2, on 8 March 2002 in in the Department of Justice, Equality and Law order to make arrangements for his deportation Reform’s citizenship section that there is no from the State. record of an application for a certificate of natu- The person concerned failed to present as ralisation having been received from the individ- required and was classified as an evader. As such ual concerned. It is not possible to determine if he is liable to arrest and detention under section the person in question is eligible for Irish citizen- 5 of the Immigration Act 1999, as amended, for ship until a fully completed application form, accompanied by the necessary supporting docu- the purposes of ensuring his removal from the mentation, has been received. I understand that State. I urge the person concerned to come for- an application form is being sent to the Deputy’s ward and present himself to the GNIB as soon office in this regard. as possible. Garda Vetting. Deportation Orders. 473. Cecilia Keaveney asked the Minister for 470. Mr. Durkan asked the Minister for Justice, Justice, Equality and Law Reform the reason Equality and Law Reform if he will reconsider local Garda vetting is not being used until such his decision to deport a person (details supplied) times as the proper facilities are available in in County Kildare; and if he will make a state- Garda headquarters (details supplied); and if he ment on the matter. [2841/06] will make a statement on the matter. [2876/06]
Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy to the replies (Mr. McDowell): Following the establishment of I gave to Question Nos. 726 and 781 answered on the Garda central vetting unit in 2002, the vetting Wednesday, 26 January 2005, Question No. 129 of persons who have substantial, unsupervised answered on Thursday, 14 April 2005 and Ques- access to children and vulnerable adults was cen- tion No. 143 answered on Thursday, 19 May 2005. tralised to the unit to ensure best practice in the The person concerned presented herself as processing of such applications. Preparations are required at the Garda National Immigration at an advanced stage for the extension of the Bureau but her deportation was postponed as she availability of the unit’s vetting services to all was advanced in pregnancy at the time. She sub- appropriate sectors and groups, including recog- sequently made an application to have her nised child care organisations. An additional 17 deportation order revoked based on her staff were provided recently to more than double cohabiting relationship with a man granted refu- the unit’s numbers from 13 to 30. I am pleased gee status in the State and their parentage of a that the unit has been successfully decentralised child born in Ireland on 10 June 2005. This appli- to new, custom-designed office accommodation cation is being considered by my officials and I in Thurles, County Tipperary, from where it will expect the file to be passed to me for decision soon commence the expansion of its vetting shortly. service. Crime Prevention. Citizenship Applications. 474. Mr. F. McGrath asked the Minister for 471. Mr. Durkan asked the Minister for Justice, Justice, Equality and Law Reform if a safety plan Equality and Law Reform the position in relation will be put in place at a location (details supplied) to an application for citizenship in the case of a in Dublin 3; and if this person will receive the person (details supplied) in County Kildare; and maximum support. [2885/06] if he will make a statement on the matter. [2842/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the Minister for Justice, Equality and Law Reform Garda authorities that the gardaı´ in Clontarf are (Mr. McDowell): I informed the Deputy in aware of two incidents of robbery at the location response to Question No. 364 on 8 March 2005 in question, both of which are being fully investi- that it was likely that the application of the per- gated. I have been further informed by the Garda 1497 Questions— 31 January 2006. Written Answers 1498 authorities that there is no record of any threats 478. Ms O. Mitchell asked the Minister for against the person or property referred to as hav- Justice, Equality and Law Reform the level of ing been reported to the Garda. I understand that drink-driving enforcement, in terms of drivers local Garda management is aware of reported checked by the Garda Sı´ocha´na for suspected incidents of anti-social behaviour in the vicinity. drink driving in 2004 and 2005; and if he will As a result of targeted policing initiatives by the make a statement on the matter. [2902/06] community policing unit, a number of persons have been arrested and charged with related Minister for Justice, Equality and Law Reform offences. I have been assured that the location (Mr. McDowell): I have been informed by the referred to continues to receive ongoing attention Garda authorities that statistics are not compiled by the force in a way that would establish the by district and divisional resources with a view to number of drivers specifically checked by the ensuring a concentrated and visible Garda Garda for suspected drink driving. The amount presence. of time it would take to compile such information would require a disproportionate amount of Registration of Title. Garda time and resources and could not be justi- 475. Mr. P. Breen asked the Minister for fied in the circumstances. However, I can confirm Justice, Equality and Law Reform if the Land that there were 12,207 detections of drink driving Registry will expedite an application for a person offences in 2004 and 13,668 detections of drink (details supplied) in County Clare; and if he will driving offences in 2005. The statistics for 2005 make a statement on the matter. [2886/06] are operational, provisional and liable to change. Registration of Title. 476. Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the status of 479. Mr. Ring asked the Minister for Justice, an application in the Land Registry for a person Equality and Law Reform if the Land Registry (details supplied) in County Clare; and if he will will be instructed to expedite a dealing appli- make a statement on the matter. [2887/06] cation on a folio (details supplied) in County Mayo; and when this matter will be dealt with. Minister for Justice, Equality and Law Reform [2903/06] (Mr. McDowell): I propose to take Questions Nos. 475 and 476 together. Minister for Justice, Equality and Law Reform (Mr. McDowell): I understand that, subsequent I have asked the Land Registry to contact the to the recent response to the Deputy from the Deputy directly about the current position in Land Registry about this matter, the application respect of the applications in question. If the in question has been completed. completion of an application in a particular case is urgent, I understand that the Land Registry Traveller Community. makes every reasonable effort to facilitate such requests on receipt of a written explanation as to 480. Mr. Sargent asked the Minister for Justice, the reason underlying the urgency. Equality and Law Reform the current spend or allocation to the various bodies dealing with the Traveller community; the amount of the overall Road Traffic Offences. spend or allocation in each of the years from 2000 477. Mr. Kenny asked the Minister for Justice, to date in 2006 in funding all services, projects, Equality and Law Reform the level of speed limit schemes, grants, loans and resources to the travel- enforcement, in terms of speed checks conducted ling community; his views on whether the return by the Garda Sı´ocha´na in 2004 and 2005; and if he on such spending has been satisfactory; and his will make a statement on the matter. [2901/06] plans to improve the effectiveness of such services. [2916/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the Minister for Justice, Equality and Law Reform (Mr. McDowell): The Department of Justice, Garda authorities that the specific statistics Equality and Law Reform’s diversity and equality sought by the Deputy are not compiled in a way law unit spent \444,379.80 on Traveller projects, that can be used to establish the number of speed schemes, grants and resources in 2000. It spent checks conducted by the Garda. The amount of \457,105.70 on such schemes in 2001, \321,817.00 time it would take to compile such information in 2002, \137,731.26 in 2003, \122,963.26 in 2004 would require a disproportionate amount of and \416,432.84 in 2005. Some \651,000 has been Garda time and resources and could not be justi- allocated for such schemes in 2006. The Depart- fied in the circumstances. I have been further ment also allocates funding to the Traveller com- informed by the Garda authorities that there munity under a number of other programmes were 161,192 speed detections in 2004. I under- under its aegis. stand that the final figure for 2005 is not yet As the Deputy may be aware, responsibility for available. the 2006-10 national child care investment prog- 1499 Questions— 31 January 2006. Written Answers 1500
[Mr. McDowell.] funding of \2,260 towards the publication of a ramme has been assigned to the Department of brochure about violence against women. In 2005, Health and Children as part of the establishment \4,100 was awarded to Pavee Point towards an of the Office of the Minister for Children, for awareness raising campaign during the United which the Minister of State with responsibility for Nations 16 days of action on violence against children, Deputy Brian Lenihan, is currently women. The Department also funds a variety of responsible. I understand that grants totalling community based projects which assist offenders almost \5 million have been approved to date to on supervision from courts or on release from child care projects associated with the Traveller custody. The projects do not specifically cater for community under the 2000-06 equal opportunities offenders from the Traveller community. I have child care programme. Some 11 grants, totalling been advised by the management of the pro- over \1.7 million in capital grant assistance, have bation and welfare service that a small proportion been given to community based and not-for-pro- of those referred to such projects are from the fit groups; and 23 grants, totalling over \2.4 mil- Traveller community. However, near the end of lion in staffing grant assistance have been given 2005 a grant of \5,000 was provided for a specific to community based and not-for-profit groups. It programme for Travellers in the Waterford area. is anticipated that funding committed to child A high level group of officials has been care projects associated with the Traveller com- reviewing the existing mechanisms for the deliv- munity under the 2000-06 programme will lead to ery of services to Travellers. The high level work- the creation of 142 new child care places and will ing group dealing with Traveller issues reports to enhance over 200 existing places. The Depart- the groups of senior officials on social inclusion ment of Justice, Equality and Law Reform has which, in turn, reports to the Cabinet committee published Developing Childcare in Ireland, which on social inclusion. The high level group is made is a comprehensive review of progress under the up of members of the senior officials’ group and 2000-06 programme. The review, which details all other senior public servants with responsibility grant approvals to the end of 2004, was circulated for key areas of service delivery for Travellers. to all Members of the Oireachtas and posted on The high level group is intended to provide a the Department’s website. forum for senior policy makers and service pro- Under phase 1 of the equality for women viders to meet to discuss barriers to service deliv- measure, funding of \289,193 was approved in ery and explore possibilities of approaching February 2002 for a pilot project payable over a service delivery in a more integrated way. It is three-year period to the National Traveller intended that the report of the group, which will Women’s Forum and Pavee Point Travellers’ address the full range of public service provision centre. The aim of the project is to develop a cul- for Travellers, will be presented to the Govern- turally appropriate training programme to ment shortly. enhance the participation of Traveller women in social partnership fora. In March 2005, under the Criminal Prosecutions. RAPID strand of the equality for women \ 481. Mr. English asked the Minister for Justice, measure, I allocated funding of 495,000 to four Equality and Law Reform the number of foreign organisations working with the Traveller com- nationals who have been charged or convicted of munity. The funding is payable over the period 1 crimes by category here; the number of persons \ June 2005 to 31 March 2007. Some 175,000 was convicted; and if he intends to apply the Transfer allocated to Galway Traveller support group to of Execution of Sentences Act 2005. [2995/06] promote the participation of Traveller women in local community decision making structures. Minister for Justice, Equality and Law Reform \ Some 160,000 was allocated to the Traveller visi- (Mr. McDowell): I have been informed by the bility group in Cork to deliver a training prog- Garda authorities that the nationality of ramme for young Traveller women which will offenders is not necessarily known or recorded at support their access to education, training and the time of preferring a charge, or recording a \ employment. Some 130,000 was allocated to the conviction. Therefore, it is not possible to provide Finglas-Cabra partnership to explore issues of statistics on the basis of the nationality of persons access and encourage consideration of education, who commit offences. The Transfer of Execution training and employment as a progression route of Sentences Act 2005 applies to cases in which for Traveller women. Some \30,000 was allocated persons sentenced by an Irish court fled from this to the south side Traveller action group in Du´ n State to their state of nationality without com- Laoghaire to promote the participation of Travel- mencing or completing their sentence. In such ler women in local community decision-making cases, the Minister for Justice, Equality and Law structures. Reform may, as an alternative to requesting the The Department of Justice, Equality and Law extradition or surrender of the person, ask the Reform provided grant funding for awareness authorities in that state to enforce the Irish sen- raising projects undertaken by organisations tence. There are reciprocal arrangements in the working with female victims of domestic violence. cases of Irish nationals who have fled back to this In 2004, Pavee Point Traveller centre received State from a sentencing state prior to the com- 1501 Questions— 31 January 2006. Written Answers 1502 mencement or completion of a sentence. As the of the helpline from the department of social Act gives effect, inter alia, to Article 2 of the sciences of Dublin Institute of Technology, which additional protocol to the 1983 Council of Europe found that the number of telephone calls which Convention on the Transfer of Sentenced Per- had been made to the helpline up to that point sons, it will be necessary for the State to accede to was approximately 100. While the Department is this protocol before commencement of the Act. of the view that the service is valuable for the relatives of missing persons, perhaps it could be Victims Commission. provided on a more cost-effective basis as an add- on to an existing service. Other than the request 482. Mr. M. Higgins asked the Minister for to the independent commission for funding, no Justice, Equality and Law Reform further to his request for funding has been made by Missing in reply to Question No. 489 of 2 November 2005, Ireland support services to the Department. It is the reason given to the Commission for the Sup- open to the support services to make a new appli- port of Victims of Crime for the refusal of fund- cation for funding to the Department, which will ing by the helpline in question; if there has been consider it on its merits. any further contact with representatives of this helpline since; and his views towards the pro- Visa Applications. vision of such a service in the future. [3154/06] 483. Mr. M. Higgins asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform the measures (Mr. McDowell): I established the Commission the Government proposes to take, such as the for the Support of Victims of Crime in March provision of a special visa, to the non-Irish 2005, with a three-year remit, to devise a frame- spouses of deceased Irish citizens who may be liv- work of supports for victims of crime into the ing in countries where their safety may be in jeop- future and to disburse funding for victim support ardy, and who as a result of same would be in measures. Its chairman is Mr. Jim McHugh who need of an Irish passport or similar accreditation; is a retired assistant commissioner of the Garda and if he will make a statement on the matter. Sı´ocha´na. Its other members are Ms Nora Owen [3155/06] who is a former Minister for Justice; Mr. Sea´n Lowry who is a former head of the probation and Minister for Justice, Equality and Law Reform welfare service; Mr. Michael Whelan of Gemini (Mr. McDowell): I presume the Deputy is refer- Consulting; and Ms Marian Finucane who is a ring to non-EEA spouses of Irish nationals who broadcaster. The commission, which is indepen- are deceased. Marriage to an Irish national does dent in its decision-making, examines each case not grant any automatic right to enter or reside on its merits. The Missing in Ireland support in the State, just as it does not grant an automatic service made an application to the commission in right to Irish citizenship following the coming into April 2005 for \71,000 to staff and run a helpline force of the Immigration and Citizenship Act for missing persons. The application was con- 2001, which abolished the previous system of sidered in detail by the commission at its meeting post-nuptial citizenship. There is no special visa of 25 April 2005, when it decided to allocate regime for non-EEA spouses of deceased Irish \25,000. I have been advised that in the course of citizens. It is open to any visa required national follow-up discussions, the support service wishing to travel to the State to submit an appli- rejected the offer and advised that it would accept cation for a visa for the purpose of the intended the full amount sought or nothing. I understand journey. Such an application will be considered there was no further contact between the com- on its merits. The issuing of an Irish passport is mission and the support service until November contingent on the person being an Irish citizen, 2005, when the commission suggested to the sup- which does appear not to be the case here. port service that it should contact the Depart- ment of Justice, Equality and Law Reform, which Asylum Applications. had provided funding for a helpline in 2002 and 2003, with a view to furthering its application for 484. Mr. M. Higgins asked the Minister for funding. Justice, Equality and Law Reform if, in view of When the national missing persons helpline additional and impressive material which goes a was established in October 2002, initial funding very considerable way to authenticate in every of \65,000, to include establishment costs, was detail the basis for the application for a person provided by the Department. The helpline, which (details supplied) to stay here he will consider this was operated and administered by Victim Sup- new information based on an expert interview port, received further funding of \45,000 in 2003, and allow the person involved to stay here on subject to the conditions that no funding beyond humanitarian grounds. [3156/06] 2003 should be implied and that audited accounts should be provided for the Department on a cal- Minister for Justice, Equality and Law Reform endar basis. No audited accounts have been (Mr. McDowell): The person in question arrived received by the Department to date. At the end in the State on 22 August 2001 and applied for of 2003, the Department commissioned a review asylum. His application was refused following the 1503 Questions— 31 January 2006. Written Answers 1504
[Mr. McDowell.] 3(6) of the Immigration Act 1999, as amended, consideration of his case by the Office of the and section 5 of the Refugee Act 1996, on the Refugee Applications Commissioner and, on prohibition of refoulement. Consideration was appeal, by the Office of the Refugee Appeals Tri- given to representations received on his behalf bunal. The person was informed in a letter of 25 from the Refugee Legal Service for temporary April 2003 that the Minister proposed to make a leave to remain in the State. On 3 August 2004, I deportation order in respect of him. He was given refused him temporary leave to remain and three options, in accordance with section signed a deportation order in respect of him. 3(3)(b)(ii) of the Immigration Act 1999, as Notice of the order was served by registered post amended — to leave the State voluntarily, to con- requiring him to present himself to the Garda sent to the making of a deportation order or to National Immigration Bureau, 13/14 Burgh Quay, submit, within 15 working days, representations Dublin 2, on 27 January 2005, to make travel to the Minister in writing setting out the reasons arrangements for his deportation from the State. he should be allowed to remain temporarily in The man presented as required and was given the State. His case was examined under section further presentation dates throughout 2005. He is 3(6) of the Immigration Act 1999, as amended, due to present again on 8 March 2006. and section 5 of the Refugee Act 1996, on the The person is awaiting deportation following a prohibition of refoulement. Consideration was comprehensive examination of his asylum claim given to representations received on his behalf and his application to remain temporarily in the from the Refugee Legal Service for temporary State. Late representations made on 26 January leave to remain in the State. On 10 December 2005 regarding his medical condition were con- 2004, I refused temporary leave to remain and sidered but were deemed not to constitute signed a deportation order in respect of him. sufficient grounds for revoking the deportation Notice of the order was served by registered post order and granting leave to remain instead. requiring him to present himself to the Garda Therefore, the decision to deport remains National Immigration Bureau, 13/14 Burgh Quay, unchanged. An application for readmission to the Dublin 2, on 20 January 2005, to make arrange- asylum process on behalf of the person was made ments for his deportation from the State. The man presented as required and was given further by his legal representative in November 2005. A presentation dates throughout 2005. He is due to decision was taken by the Department that the present again on 8 March 2006. His deportation new evidence presented was not such as to cause will be effected by the bureau as soon as a travel the original recommendations of the Office of the document is obtained for him. Refugee Applications Commissioner and that of the Office of the Refugee Appeals Tribunal to be overturned. Consequently, the readmission Deportation Orders. request was refused. The enforcement of the 485. Mr. M. Higgins asked the Minister for deportation order is now an operational matter Justice, Equality and Law Reform if, in view of for the Garda National Immigration Bureau. additional and impressive material which goes a very considerable way to authenticate in every Stardust Report. detail the basis for the application for a person (details supplied) to stay here he will consider this 486. Mr. M. Brady asked the Minister for new information based on an expert interview Justice, Equality and Law Reform if a copy of the and allow the person involved to stay here on report to the families of victims in the Stardust humanitarian grounds. [3157/06] fire received from the Forensic Science Labora- tory following new evidence submitted by them Minister for Justice, Equality and Law Reform in February 2004 will be issued. [3158/06] (Mr. McDowell): The person in question arrived in the State on 22 October 2001 and applied for Minister for Justice, Equality and Law Reform asylum. His application was refused following the (Mr. McDowell): In response to a recent written consideration of his case by the Office of the request, I have forwarded a copy of the report Refugee Applications Commissioner and, on received by the Department of Justice, Equality appeal, by the Office of the Refugee Appeals Tri- and Law Reform from the Forensic Science Lab- bunal. The person was informed in a letter of 25 oratory to a member of the Stardust victims’ com- June 2003 that the Minister proposed to make a mittee. The findings of the report were outlined deportation order in respect of him. He was given to the victims committee by the Department at a three options, in accordance with section meeting in November 2004. 3(3)(b)(ii) of the Immigration Act 1999, as amended — to leave the State voluntarily, to con- Child Care Services. sent to the making of a deportation order or to submit, within 15 working days, representations 487. Mr. Ferris asked the Minister for Justice, to the Minister in writing setting out the reasons Equality and Law Reform if the Listowel Family he should be allowed to remain temporarily in Resource Centre which caters for over 100 the State. His case was examined under section families will be allowed to retain the staff funding 1505 Questions— 31 January 2006. Written Answers 1506 from his Department (details supplied); and if he The prisoner in question was transferred to the will make a statement on the matter. [3166/06] Central Mental Hospital for treatment on 22 December 2005. As he is a remand prisoner, it is Minister for Justice, Equality and Law Reform a matter for the courts to determine when he can (Mr. McDowell): Responsibility for the National be released from custody. Childcare Investment Programme 2006-2010 has been assigned to the Department of Health and Public Order Offences. Children as part of the establishment of the new Office of the Minister for Children, under the 490. Mr. Neville asked the Minister for Justice, Minister of State with responsibility for children, Equality and Law Reform if the situation of anti- Deputy Brian Lenihan. social behaviour in housing estates and the fear The group in question was approved in April that same engenders in vulnerable people has 2005 for staffing grant assistance of \170,400 been discussed (details supplied). [3242/06] which will continue in place up to 31 December 2007. I understand the group sought additional Minister for Justice, Equality and Law Reform staffing grant assistance in July 2005 and that this (Mr. McDowell): Strong provisions are already in was refused as the amount previously approved place to combat anti-social and unlawful behav- was deemed appropriate for the level of service iour. The primary basis for the law regarding provided. I also understand that the group has public order offences is the Criminal Justice appealed this decision and that this appeal is in (Public Order) Act 1994, which modernised the the final stages of appraisal. law in this regard. I recently published legislative proposals to Citizenship Applications. deal with anti-social behaviour, including pro- vision for anti-social behaviour orders. I propose 488. Mr. Curran asked the Minister for Justice, to introduce these proposals by way of Commit- Equality and Law Reform when it is expected tee Stage amendments to the Criminal Justice Bill that a decision will be made regarding an appli- 2004, which is before the House. In so far as anti- cation for naturalisation made by a person social behaviour orders for children are con- (details supplied) in Dublin 22. [3189/06] cerned my colleague, Deputy Brian Lenihan, Minister of State with special responsibility for Minister for Justice, Equality and Law Reform children, has obtained Government approval for (Mr. McDowell): An application for a certificate separate provisions in regard to children to be of naturalisation from the person referred to by brought forward as Committee Stage amend- the Deputy was received in the citizenship section ments to the Criminal Justice Bill 2004, as part of of my Department on 18 November 2004. Appli- a package of measures concerning juvenile cations for naturalisation are taking approxi- justice issues. mately 24 months to process. It is likely, there- In formulating the proposals my Department fore, that a decision will be made in the case has, where the need arose, consulted with rel- towards the end of this year. I will be in touch evant Departments. In this regard, discussions with the Deputy and the applicant when the have taken place with the Department of the matter is finalised. Environment, Heritage and Local Government in regard to housing legislation, in so far as anti- Prison Medical Service. social behaviour is concerned. 489. Mr. Quinn asked the Minister for Justice, I take great satisfaction in the Government’s Equality and Law Reform the service his Depart- decision of October 2004 to approve the recruit- ment will provide for a person (details supplied) ment of 2,000 additional gardaı´ to increase the whose mental and health condition brings that strength of the force to 14,000. As a result there person into conflict with the law in order to avoid will be a combined organisational strength, of periods of imprisonment that are totally inap- both attested gardaı´ and recruits in training of propriate for that person’s condition and a misuse 14,000 in 2006. One thing I have already promised of expensive prison places; and if he will make a is that the additional gardaı´ will not be put on statement on the matter. [3226/06] administrative duties but will be put directly into frontline, operational, high visibility policing. Minister for Justice, Equality and Law Reform The Garda Sı´ocha´na is now better resourced (Mr. McDowell): The Irish Prison Service must than at any time in its history. The Garda funding accept all committals sent to the various insti- which I secured in the Estimates for 2006 is at an tutions by the courts. Prisoners with mental historic high of over \1.29 billion, and compares health problems have access to medical, nursing, to just \600 million in 1997. The provision for psychiatric, and psychology services within the Garda overtime in 2006 will be \83.5 million — prison system. In cases where qualified medical an increase of \23 million on the allocation for practitioners decide that a prisoner requires in- 2005. This will greatly aid the planned deploy- patient treatment, the prisoner may be trans- ment of a visible policing service in a flexible, ferred to the Central Mental Hospital, Dundrum, effective and targeted response to criminal or another hospital, if appropriate. activity and crime prevention. The \83.5 million 1507 Questions— 31 January 2006. Written Answers 1508
[Mr. McDowell.] orities in order to develop a multi-agency in overtime will yield 2.725 million extra hours of approach to addressing anti-social behaviour and policing by uniformed and special units through- public disorder and other issues by introducing out the State. by-laws regarding drinking in public places. These I attach great importance to the development efforts will continue. of a real partnership between the Garda Sı´ocha´na There are 64 Garda youth diversion projects and local authorities on matters affecting established nationwide. Garda youth diversion policing. My intention and that of the Oireachtas, projects are a community-based, multi-agency as set out in the Garda Sı´ocha´na Act 2005, is that crime prevention initiative which seek to divert joint policing committees and local policing fora young persons from becoming involved — or established under them will provide arenas where further involved — in anti-social and-or criminal the Garda Sı´ocha´na and local authorities can co- behaviour by providing suitable activities to operate and work together to address local facilitate personal development, promote civic policing and other issues. responsibility and improve long-term employ- I will shortly issue guidelines for the establish- ability prospects. By doing so, the projects also ment and operation of the committees after con- contribute to improving the quality of life within sulting my colleagues, the Minister for the Envir- communities and enhancing Garda-community onment, Heritage and Local Government and the relations. I am committed to the continuing Minister for Community, Rural and Gaeltacht development and, as resources permit, the expan- Affairs. My view is that the best way forward is sion of Garda youth diversion projects. I have to establish a small number of joint policing com- secured a budget of \6.6 million for the projects mittees on a pilot basis. Setting up a small and local drugs task force projects in 2006, which number of pilot committees will give an oppor- represents an increase of \1.2 million for youth tunity to identify any teething problems that may diversion. I intend to ensure that 100 schemes will arise when they are operating in practice. Any be established nationwide before the end of 2007. problems can then be addressed before the joint I have asked the Garda Commissioner to bring policing committees are rolled out to the remain- forward proposals for further community based ing local authorities. I hope to be in a position to initiatives in this area in light of the additional make a further announcement in this area in the funding. near future. A subgroup of the RAPID programme Last month I approved grant funding to 13 national monitoring committee was set up in the applications under the community based CCTV latter part of last year tasked with examining scheme. This initiative will allow communities to mechanisms to improve departmental-agency press ahead with their own local CCTV system. support and assisting RAPID areas in their This scheme provides an ideal opportunity for response to tackling anti-social behaviour. This communities to work with local gardaı´ and their subgroup, which has commenced its work, com- local authority with a view to improving the prises my Department, the Departments of Com- safety and well-being of their area. CCTV has munity, Rural and Gaeltacht Affairs, Envir- proved extremely successful in the prevention onment, Heritage and Local Government, Health and detection of crime and is part of a series of and Children, Education and Science, Social and measures aimed at tackling street assaults and Family Affairs, and the Garda Sı´ocha´na, Pobal public disorder. and FA´ S. I am informed by the Garda authorities that In so far as anti-social behaviour has a social they take a proactive approach to policing anti- impact, my colleague, the Minister for Social and social and public disorder issues by immediate Family Affairs, informs me that under the NAP- intervention, arrest and prosecution or advice, as inclusion process, people experiencing urban pov- appropriate, under the juvenile diversion prog- erty and rural disadvantage are identified as vul- ramme. Divisional juvenile liaison officers regu- nerable groups, and targets have been set to larly visit schools, youth clubs and social services tackle social exclusion in urban and rural areas and give presentations under the education prog- marked by disadvantage. The objective is to ramme and highlight alternative options for reg- create viable and sustainable communities with ular offenders. Community gardaı´ and the Garda access to employment, adequate income and schools liaison officers also visit schools and services. Key targets in this area include fostering address young people on a variety of topics, public safety and crime prevention, ensuring the including anti-social behaviour. The concept of basic needs of all families are met through restorative justice provides for the bringing enhanced and better co-ordinated State support together of offenders and victims, which can also services, improving access to employment, health, help to highlight the impact of anti-social behav- education and housing for rural dwellers and iour, and other criminal behaviour, on victims improved transport services to rural dwellers. and other members of the community. Progress on these targets is ongoing. Members of the Garda Sı´ocha´na are frequently Consultation for the 2006 to 2008 NAP- in contact with other Government and non- inclusion process was undertaken by the office for Government agencies, particularly the local auth- social inclusion at the end of 2005. Under the pro- 1509 Questions— 31 January 2006. Written Answers 1510 cess 78 written submissions were received and a large number of public order offences, but it over 500 people participated in a number of will be possible to address other priorities as well, regional seminars. The issue of anti-social behav- such as the need to very significantly increase the iour was discussed during the consultation pro- number of gardaı´ allocated to traffic duties as cess with participants agreeing that this issue part of the new Garda traffic corps. One thing I affected both urban and rural areas. The input have already promised is that the additional from the consultation process will inform future gardaı´ will not be put on administrative duties. policy development as it will feed into the next They will be put directly into frontline, oper- NAP-inclusion process. ational, high visibility policing. They will have a real impact. Garda Deployment. Registration of Title. 491. Mr. Neville asked the Minister for Justice, Equality and Law Reform his proposals to aug- 492. Mr. F. McGrath asked the Minister for ment the Garda station at Newcastle West to deal Justice, Equality and Law Reform the position with serious anti-social behaviour in sections of regarding the issuing of the proper land certifi- the town. [3243/06] cates to a person (details supplied) in County Galway. [3250/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): The detailed allocation of Minister for Justice, Equality and Law Reform resources, including personnel, is a matter for the (Mr. McDowell): I am informed by the Registrar Garda authorities. of Titles that further details are required in order I have been informed by the Garda authorities to locate the application in question. If the that the personnel strength of the Garda station Deputy can provide me with the date of lodge- at Newcastle West, as at 31 December 2005, was ment of the application and a Land Registry ref- 27, all ranks. Garda personnel assignments, erence number, I will make further inquiries on together with overall policing arrangements and his behalf. operational strategy, are continually monitored and reviewed. Such monitoring ensures that the Road Traffic Offences. best possible use is made of existing Garda resources and that the best possible service is pro- 493. Ms Shortall asked the Minister for Justice, vided for the public. Equality and Law Reform the number of The Garda authorities advise that the situation breathalyser tests, that is, tests conducted with with respect to Newcastle West Garda station will either an alcometer or the blow in the bag alco- be kept under review and when additional per- lyser, conducted in each of the years from 2002 sonnel next becomes available, the needs of this to 2005 inclusive; the breakdown for each Garda station will be fully considered within the context station; and if he will make a statement on the of the overall needs of Garda stations throughout matter. [3282/06] the country. In this regard, the timescale for achieving the Minister for Justice, Equality and Law Reform target strength of 14,000 members of the Garda (Mr. McDowell): I am informed there are no data Sı´ocha´na in line with the commitment in An available on the number of breathalyser roadside Agreed Programme for Government remains as breath tests for the years 2002 and 2003. when I announced the Government approval in The following table indicates the number of October 2004 for my proposals to achieve this roadside breath tests for 2004, by Garda division. objective. The phased increase in the strength of Statistics are not compiled in such a way as to the Garda Sı´ocha´na to 14,000 will lead to a com- indicate the Garda station. The amount of time bined strength, of both attested gardaı´ and it would take to compile such information would recruits in training, of 14,000 by the end of this require a disproportionate amount of Garda time year. As part of the accelerated recruitment cam- and resources and could not be justified in the paign to facilitate this process, 1,125 Garda circumstances. I understand final figures for 2005 recruits were inducted to the Garda College dur- are not yet available. ing 2005. The college will induct 1,100 recruits this year and a further 1,100 in 2007, by way of Number intakes to the Garda College of approximately 275 recruits every quarter. This project is fully on Carlow-Kildare 173 target and will be achieved. Cavan-Monaghan 344 The Commissioner will be drawing up plans on Clare 410 how best to distribute and manage these Cork City 310 additional resources. Clearly, the additional Cork North 140 resources will be targeted at the areas of greatest need, as is envisaged in the programme for Cork West 842 Government. The programme identifies, in part- Donegal 188 icular, areas with a significant drugs problem and DMR North Central 0 1511 Questions— 31 January 2006. Written Answers 1512
[Mr. McDowell.] strength will be increased over the next three Number years as follows:
DMR North 287 Year Number DMR South Central 81 DMR South 0 2006 805 DMR East 79 2007 1,030 DMR West 308 2008 1,200 Galway West 1,270 Kerry 297 This expansion of the staffing resources of the traffic corps will occur in tandem with the overall Laois-Offaly 443 expansion of the Garda force to 14,000 members Limerick 886 over that period. All personnel assigned to the Longford-Westmeath 479 new traffic corps will have completed the stan- Louth-Meath 311 dard training programme. It is important to remember that all gardaı´ have responsibility, inter Mayo 968 alia, to enforce road traffic laws as and when Roscommon-Galway 154 breaches of road traffic laws occur. Sligo-Leitrim 159 Tipperary 125 Crime Levels. Waterford-Kilkenny 973 495. Mr. Noonan asked the Minister for Justice, Wexford-Wicklow 289 Equality and Law Reform if his attention has been drawn to the rise in crime, including break- Total 9,516 ins and burglary, in Doon, County Limerick; if additional Garda resources will be allocated to A roadside breath test is not required before assist with policing in the area; and if he will make effecting an arrest for drink driving. Thus in a statement on the matter. [3367/06] DMR north central there were 373 arrests with- out a roadside breath test being required. Simi- Minister for Justice, Equality and Law Reform larly, in DMR South there were 590 arrests with- (Mr. McDowell): I am informed by the Garda out a roadside breath test being required. authorities that the crime statistics for the past six years show that there has been no substantial Penalty Points System. increase in thefts or burglaries in Doon, County Limerick. There were three burglaries recorded 494. Ms Shortall asked the Minister for Justice, in 2005, with none in 2004 and one in 2003. There Equality and Law Reform when training will take were two theft related offences recorded in 2005 place to inform the Garda Sı´ocha´na of the new with seven in 2004 and six in 2003. penalty points offences; the way in which the Local Garda management is satisfied that the offences will be enforced in practice; and if he Garda resources currently allocated to Doon are will make a statement on the matter. [3288/06] adequate and that the situation is regularly reviewed. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda Drug Seizures. authorities that training for members of the Garda Sı´ocha´na in the new penalty points 496. Mr. Timmins asked the Minister for offences, FCPS, commenced on 14 December Justice, Equality and Law Reform the amount of 2005. Training is now completed in many div- drugs seized in the Bray and Greystones area in isions and is currently ongoing in the remaining 2004 and 2005; the breakdown of these drugs; the Garda divisions. street value of same; and if he will make a state- In regard to enforcement, I announced the ment on the matter. [3368/06] establishment of the Garda traffic corps in November 2004. The strategic review of traffic Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda policing was published at the same time. An authorities that the information sought is not assistant commissioner — traffic — was readily available and that research is necessary to appointed on 22 February 2005. He has been retrieve the relevant data. I will be in further con- tasked with implementing the recommendations tact with the Deputy when the information is to contained in the strategic review which hand. encompass a number of resource areas, including human, transport and speed detection equipment. Implementation will be over a three and a half to Physical Education Facilities. four year period. 497. Dr. Upton asked the Minister for Edu- I am informed that the strength of the Garda cation and Science when funding will be provided traffic corps on 31 December 2005 was 570. Its to enable a sports hall (details supplied) in Dublin 1513 Questions— 31 January 2006. Written Answers 1514
8, which was originally built on the understanding of the school curriculum. The NCCA noted that it would be opened up for the use of local com- this concurred with the practice in other juris- munity groups, to be properly staffed so that it dictions. can be so opened up; and if she will make a state- At the start of the 2001-02 school year, the ment on the matter. [2926/06] National Safety Council, with assistance from my Department, distributed copies of Staying Alive 498. Dr. Upton asked the Minister for Edu- — a road safety resource for transition year and cation and Science the number of sports halls the senior cycle — to all second level schools. which have received funding from her Depart- This pack contained a wide range of learning ment since 1998 on the basis that such sports halls opportunities and activities on topics such as per- would be available for use by community groups; sonal responsibility and decision-making, the amount which has been invested in these environmental issues and risks and rules for road facilities; the number of sports halls which have users. A CD-ROM with additional material been made available for regular use by com- downloaded from the Internet was included in munity groups already; the number which have the pack along with copies of the Rules of the yet to be made available; and if she will make a Road. In the preparation of the Staying Alive statement on the matter. [2929/06] resources material, views were sought from a range of organisations with interests in the pro- Minister for Education and Science (Ms motion of road safety. Prior to its issue to second Hanafin): I propose to take Questions Nos. 497 level schools, the material was piloted in 20 and 498 together. schools and the response from teachers in those My Department has provided funding in excess schools was very positive. of \34 million for the construction of nine dual- Notwithstanding the above, I am aware that my use halls with enhanced facilities, attached to colleague, the Minister for Transport, has very post-primary schools. Eight of the halls, including recently announced that a new high level Govern- the hall referred to by the Deputy, are in Dublin ment road safety group is to be formed. My and one is in Cork. Department will be represented on the group. Issues relating to the facilitation of community usage of the halls are being considered and my 500. Mr. Stanton asked the Minister for Edu- Department will be in contact with the school cation and Science the content of the social, per- authorities in due course. sonal and health education module run in schools in conjunction with her Department; the success School Curriculum. of this module in improving the mental health of 499. Mr. Kirk asked the Minister for Education students; and if she will make a statement on the and Science her views on organising a driver matter. [3274/06] training initiative with a view to incorporating a suitable programme into the school curriculum at Minister for Education and Science (Ms post-primary level; and if she will make a state- Hanafin): Social, personal and health education, ment on the matter. [3256/06] SPHE, is part of the core curriculum for all pupils in primary schools and in the junior cycle of post- Minister for Education and Science (Ms primary schools. The syllabi are available on my Hanafin): The question of introducing a road Department’s website at www.education.ie. safety and driver education syllabus into schools The SPHE curriculum for primary schools has been examined by the National Council for offers particular opportunities, in an age-appro- Curriculum and Assessment, NCCA, on foot of a priate way, to foster the personal development, report from a task group set up in 2000 and which health and well-being of the individual child. included representatives of the Department of Through SPHE, pupils are provided with oppor- Education and Science, the Department of the tunities to develop self-awareness and self-confi- Environment, Heritage and Local Government, dence and to explore the feelings and emotions the National Safety Council, the Garda Sı´ocha´na, that accompany growing and changing. Pupils the Irish Insurance Federation, the Society of the identify and discuss the qualities and skills associ- Irish Motor Industry, Rosary College Crumlin, ated with friendship and learn how to treat the CCEA Northern Ireland and the NCCA. The people with dignity and respect. Their under- NCCA also commissioned a study on driver edu- standing of what it means to be healthy and to cation in post-primary schools from Dr. Ray have a balanced lifestyle is developed and they Fuller of Trinity College Dublin. are taught the importance of taking some The NCCA, whose role is to advise the Mini- responsibility for their own health. Through ster for Education and Science on curriculum and SPHE, pupils also learn strategies to cope with assessment issues, recommended that road safety worries and difficulties, decision-making and how be addressed within the context of social, per- to resolve conflict. sonal and health education, SPHE, and that The SPHE curriculum for the junior cycle driver education, and specifically learning to focuses on the holistic development of young drive for pupils aged 17, should not become part people to enable them meet the challenges and 1515 Questions— 31 January 2006. Written Answers 1516
[Ms Hanafin.] A design team was appointed in June 2005 and opportunities presented by life in our world my Department wrote to the school authorities in today. It aims to enable students to develop the July 2005 outlining the scope of works and giving skills for self-fulfilment and for living in com- approval to prepare a stage 1-2 submission — munities; promote self-esteem and self-confi- developed sketch scheme with costings. My dence; develop a framework for responsible officials have been in contact with the school decision-making; and promote physical, mental authorities and they indicated that the stage 1-2 and emotional health and well-being. Four of the submission will be forwarded to my Department ten modules in the junior cycle SPHE curriculum by the end of January 2006. When this submission deal specifically with the development of positive is received and reviewed, my officials will be in mental health. These are: belonging and integrat- further contact with the school authorities as to ing; self-management — a sense of purpose; com- the next steps involved in progressing this project. munication skills; and emotional health. Progression of projects to construction will be Students’ health and education are inextricably considered in the context of the school building linked. In SPHE, health is understood as a multi- and modernisation programme 2006-09. dimensional concept that includes not just physi- cal well-being, but also mental, emotional, social 503. Mr. McGuinness asked the Minister for and spiritual well-being. SPHE provides students Education and Science if the full design team has with a unique opportunity to develop the skills been appointed for the construction of a new and competences to learn about themselves, to school for a school (details supplied) in County care for themselves and others and to make Kilkenny; when a planning application will be informed decisions about their health, personal made for the project to the local authority; the lives and social development. SPHE helps reason for the delay; and if the matter will be students to develop health literacy skills that do expedited. [2759/06] and will play an important part in improving the mental health of students. Minister for Education and Science (Ms Hanafin): The school referred to by the Deputy School Accommodation. was listed among the 43 schools I announced in March of 2005 to start architectural planning. The 501. Mr. P. Breen asked the Minister for Edu- brief is for a new 16 classroom school. Apart from cation and Science, further to Parliamentary the civil structural engineer, whom my Depart- Question No. 286 of 27 October 2005, when the ment hopes to have appointed in the near future, application for capital investment for the pro- all other design team members have been vision of suitable accommodation to cater for an appointed. The architectural service for this pro- autistic unit at a school (details supplied) in ject is being dealt with in-house by the school County Clare will be assessed; and if she will building section and substantial works on the make a statement on the matter. [2757/06] early stages of the design process have already been completed. Minister for Education and Science (Ms The school authorities wrote to my Depart- Hanafin): An application for capital investment ment in December 2005 requesting amendments for the provision of suitable accommodation to to the brief and this is currently being examined cater for an autistic unit has been received from by my officials. When this is completed, my the school referred to by the Deputy. The appli- Department will be in further contact with the cation has been assessed in accordance with the school authorities as to the next step required to published prioritisation criteria and is being con- progress the project. It is not possible at this point sidered in the context of the school building and to indicate when the architectural planning pro- modernisation programme 2006-10. cess will be completed. There are five stages in this process and the timeframe for completing Schools Building Projects. these stages is contingent on various factors including any unexpected issues that may arise, 502. Mr. McGuinness asked the Minister for the period of time for the granting of planning Education and Science the status of a school permission, and obtaining a fire certificate etc. building programme at a school (details supplied) Progression of projects to construction will be in County Kilkenny; and if the matter will be considered in the context of the school building expedited. [2758/06] and modernisation programme 2006-09. Minister for Education and Science (Ms Special Educational Needs. Hanafin): The building project for the school referred to by the Deputy is at an early stage of 504. Mr. Noonan asked the Minister for Edu- architectural planning. The school in question cation and Science if special needs teaching will was listed in my announcement of March 2005 as be provided for a person (details supplied) in a project to start the architectural planning County Limerick; and if she will make a state- process. ment on the matter. [2760/06] 1517 Questions— 31 January 2006. Written Answers 1518
Minister for Education and Science (Ms December 2005 (details supplied); and if she will Hanafin): The Deputy will be aware that the make a statement on the matter. [2779/06] National Council for Special Education, NCSE, which was established recently and which has Minister for Education and Science (Ms been operational since 1 January 2005, is respon- Hanafin): My Department understands that the sible for processing applications for special edu- pupils referred to by the Deputy in the details cational needs supports. More than 70 special supplied live in a closed school area. In the case educational needs organisers, SENOs, have been of amalgamations, pupils residing in a closed recruited throughout the country and are a focal school area may be deemed eligible for transport point of contact for schools and parents. to the school of amalgamation only. My Depart- My officials have been advised by the NCSE ment further understands that the pupils are not that an application has been received for individ- attending the amalgamated school. In such cir- ual teaching hours support for the pupil referred cumstances, the establishment or re-routing of a to by the Deputy. The local SENO is currently school bus service for pupils not eligible for examining the application and the school auth- school transport to the school of attendance is orities will be notified directly of the outcome of not warranted. the application in the near future. It is open to the families to appeal my Depart- ment’s decision to the independent school trans- Schools Building Projects. port appeals board. 505. Mr. J. O’Keeffe asked the Minister for 507. Ms O’Sullivan asked the Minister for Edu- Education and Science if her attention has been cation and Science if the decision to refuse school drawn to the very dangerous situation involving transport to 49 children in the Blackwater area of several near accidents at the entrance to a school County Wexford will be reviewed; and if she will (details supplied) in County Cork; her views on make a statement on the matter. [2791/06] whether there is an urgent priority need to create a safe entrance and exit for the pupils and staff Minister for Education and Science (Ms at the school; if, approval will be given to the Hanafin): My Department’s school transport application from the school to enable the neces- section is satisfied on the basis of the catchment sary work to get underway to remedy the area map held in the Department, which is the situation. [2761/06] definitive map, that the children in question are not fully eligible for transport to schools in Minister for Education and Science (Ms Wexford town. Furthermore, Bus E´ ireann has Hanafin): In accordance with the Safety, Health informed my Department that there are no spare and Welfare at Work Act, individual school auth- seats available to facilitate the pupils in question orities are responsible, in the first instance, for with catchment boundary transport to Wexford ensuring the safety and welfare of children and town. A number of families from the Blackwater others in their care. area recently appealed my Department’s decision Provision is built into the annual school build- to the independent school transport appeals ing programme to enable schools to address board. The board upheld my Department’s urgent health and safety issues as identified by decision in the matter. the school authority by way of an annual allo- The school transport appeals board is indepen- cation, currently amounting to \3,809 plus \12.70 dent of my Department and it would not be per pupil, under the devolved grants scheme for appropriate for me to intervene in cases which minor works. This allocation which can be used have been considered by the board. entirely at the discretion of the school authority to address issues such as the creation of a safe 508. Mr. Cregan asked the Minister for Edu- entrance and exit as required at the school cation and Science the training which is given to referred to by the Deputy. drivers of school buses employed by the Where schools are unable to address all issues vocational educational committee and other arising on an incremental basis, it is open to the schools privately in health and safety and first aid; school authority to apply for funding from my and the term and conditions of employment of Department under the appropriate scheme — in such drivers. [2795/06] this instance, the summer works scheme. This school’s application under the summer works Minister for Education and Science (Ms scheme for 2006 was unsuccessful, as the appli- Hanafin): My Department is not aware of any cation was received well after the designated clos- drivers of school buses being employed by ing date of 14 October 2005. vocational education committees. If the Deputy has a specific case in mind and the details are made available, the school transport section of School Transport. my Department will make inquiries in the matter. 506. Mr. P. Breen asked the Minister for Edu- The terms and conditions of employment of any cation and Science the reason her Department drivers engaged privately by schools would be a has not replied to letters of 25 October and 7 matter for the school authorities concerned. 1519 Questions— 31 January 2006. Written Answers 1520
[Ms Hanafin.] dependents of medical card holders, are not liable Bus E´ ireann, which manages school transport to pay fees. services on my Department’s behalf, has 22 My Department has no function in respect of inspectors who are qualified driving instructors the costs associated with school based tests, for and have taken the institute of advanced motor- example, mock examinations, as they are not part ists course. These training inspectors are included of the State examination system. Accordingly, on the Driving Instructors Register of Ireland, there is no financial assistance available from my and undergo regular refresher training as instruc- Department for such costs. tors. Utilising these inspectors, Bus E´ ireann pro- vides relevant training for its own school bus driv- School Accommodation. ers, familiarises them with the bus they will be using, and arranges subsequent refresher courses 510. Mr. Hogan asked the Minister for Edu- from time to time. Bus E´ ireann school bus drivers cation and Science when finance will be allocated are provided with detailed safety instructions and to a school (details supplied) in County Kilkenny guidelines outlining what to do in the event of for the provision of an extra classroom; and if she accident, emergency, and breakdown situations, will make a statement on the matter. [2813/06] and a booklet is also provided detailing pro- Minister for Education and Science (Ms cedures to be followed when student misbehav- Hanafin): The school planning section of my iour threatens the safe operation of the service. Department is in receipt of an application for Drivers are also provided with a mobile phone major capital funding from the school to which for use in the event of an accident or other the Deputy refers. The application has been emergency. ´ assessed in accordance with the published prior- Contractors engaged by Bus Eireann to itisation criteria for large-scale projects. Progress provide school transport services must use only on the proposed works is being considered in the nominated drivers that are subject to medical context of the school building and modernisation examination and are competent, experienced and programme from 2006 onwards. duly licensed to drive the size of vehicle required. The driving of a contractor’s school bus by any Teaching Qualifications. other person is strictly prohibited. They are pro- vided with detailed operating instructions by Bus 511. Mr. Durkan asked the Minister for Edu- E´ ireann with which they are obliged to comply cation and Science if trained secondary teachers and are given signs to place in the front and back are eligible to take on temporary full-time posts window of the bus to indicate to other drivers in primary schools; and if she will make a state- that the vehicle is a school bus. Safety instructions ment on the matter. [2834/06] are also provided, and services are monitored by mobile Bus E´ ireann inspectors who also carry out Minister for Education and Science (Ms service checks. Although the training of a con- Hanafin): The recruitment and appointment of tractor’s driver is a matter for the contractor, a teachers to fill vacancies in an individual primary disability awareness programme was recently school is a matter for the board of management organised by Bus E´ ireann specifically for drivers of the school concerned. Unqualified personnel of contractors’ school transport services serving should only be employed in exceptional circum- schools for special needs children. stances and when all avenues for recruiting quali- Contractors are contractually obliged to com- fied personnel have been exhausted. Boards of ply with any regulations issued under the Safety, management of schools were advised of this in Health and Welfare at Work Act 1989, and primary circular 15/05 which issued to all school produce a safety statement, if requested by Bus authorities in May 2005. E´ ireann. Qualifications recognised for the purposes of teaching at second level are not accepted for the purpose of recognition to teach in a permanent State Examinations. capacity in primary schools. At primary level, 509. Mr. Penrose asked the Minister for Edu- teachers are class teachers rather than subject cation and Science if there is help of a financial specialists, and must be qualified to teach the nature available to a person in receipt of the range of primary school subjects to children aged widow’s pension, in relation to pre-leaving certifi- four to 12 years. To obtain recognition to teach cate costs, such as exam papers and other expen- in mainstream primary schools, persons holding ditures; and if she will make a statement on the qualifications recognised for teaching at second matter. [2810/06] level must successfully complete a recognised postgraduate primary conversion course. Minister for Education and Science (Ms However, under a temporary scheme currently Hanafin): The position regarding the alleviation being operated by my Department, which was of entry fees for the State examinations is that introduced some years ago to address the students who are covered by the general medical shortage of qualified teachers at primary level, services card scheme, either directly or as the teachers holding qualifications recognised for 1521 Questions— 31 January 2006. Written Answers 1522 teaching at second level are remunerated at the Psychological Service. trained rate of pay when they take up substitute 514. Mr. Connolly asked the Minister for Edu- or temporary positions in primary schools. cation and Science the number of educational Teachers holding qualifications recognised for psychologists employed in the National Edu- teaching at second level are also entitled to cational Psychological Service, NEPS; her views restricted recognition to teach in special primary on whether this is sufficient to provide all primary schools where a proportion of the pupils attending the special school are of post-primary school pupils with an adequate psychological age, that is, 12 years or older, and where second service; the action she will take to employ level programmes, such as the junior certificate additional educational psychologists; and if she schools programme or the leaving certificate will make a statement on the matter. [2858/06] applied programme, are provided by the school. If appointed to such posts, the teachers concerned Minister for Education and Science (Ms are placed on the trained teachers’ common Hanafin): Since the establishment of NEPS in basic scale. 1999, the number of NEPS psychologists has increased from 43 to 121 at present. Any increase in the number of psychologists in NEPS will Higher Education Grants. depend on the availability of resources and must 512. Mr. Kehoe asked the Minister for Edu- also take account of Government policy on public cation and Science if funding is available to assist sector numbers. All primary and post-primary Irish students studying in the UK; and if she will schools have access to psychological assessments make a statement on the matter. [2845/06] either directly through NEPS or through the scheme for commissioning psychological assess- Minister for Education and Science (Ms ments, SCPA, full details of which are available Hanafin): Under my Department’s higher edu- on my Department’s website. cation grant schemes, maintenance grants are In common with many other psychological available to eligible students pursuing approved services, NEPS operates a staged model of service undergraduate courses in other EU member to schools, whereby an initial referral usually states, including the United Kingdom. In general, leads to a consultation and provision of advice to approved courses are those pursued in a third teachers and parents on appropriate teaching and level institution, which is maintained or assisted management strategies. Progress is kept under by recurrent grants from public funds. review and only those children who fail to Students attending approved courses in other respond to these interventions will need to see a EU member states are subject to the same con- psychologist. This allows the psychologists to ditions of funding as students attending approved offer early appointments to children in urgent courses in the State. The main conditions of fund- need of support and early advice to teachers in ing relate to age, residence, means, nationality respect to those children whose needs are per- and previous academic attainment. In addition, tax relief on tuition fees is available in respect of haps less pressing but who still need additional approved courses at undergraduate and post- help in school. graduate level in other EU member states. The system of assessment and provision for While the current exchange rate issues with children with special educational needs is kept sterling are appreciated, my Department is not in under constant review by my Department. We a position to supplement grant aid for students have introduced a general allocation model of pursuing courses in the United Kingdom. More- additional resources to all primary schools for over, such an approach could well give rise to children in the “high incidence” category of anomalies and to claims of inequitable treatment special educational needs as set out in my Depart- between students studying in different countries. ment’s circular Sp Ed 02/05. This is expected to lead to a reduction in the number of referrals of children for psychological assessment for the pur- Third Level Participation. pose of accessing additional resources. 513. Mr. Connolly asked the Minister for Edu- In general, I expect the establishment of the cation and Science the number of participants in National Council for Special Educational Needs, post-leaving certificate courses in counties NCSE, will result in the needs of children with Monaghan and Cavan, respectively, in the special needs being met with greater speed and academic year 2005-2006; and if she will make a flexibility within the system. statement on the matter. [2857/06] School Transport. Minister for Education and Science (Ms Hanafin): Returns in respect of the number of 515. Mr. Connolly asked the Minister for Edu- students enrolled in post-leaving certificate cation and Science if a report will be provided on courses at 30 September 2005 in counties Cavan the recent review of school transport catchment and Monaghan indicate there were 1,019 and 206 areas; and if she will make a statement on the students, respectively. matter. [2859/06] 1523 Questions— 31 January 2006. Written Answers 1524
Minister for Education and Science (Ms start of the school year 2006-07; and the refur- Hanafin): A general review of catchment bound- bishment works that are planned in the context aries has not taken place and a nationwide review of the reorganisation. [2888/06] is necessary. Catchment boundaries have their origins in the establishment of free post-primary Minister for Education and Science (Ms education in the late 1960s and were determined Hanafin): I am pleased to inform the Deputy that following consultation with local educational works on the school buildings to which he refers interests. For planning purposes, the country was were included in my recent announcement of 62 divided into geographic districts each with several schools for which design teams will be appointed primary schools feeding into a post-primary under the 2006 capital programme. The timing of centre with one or more post-primary schools. the amalgamation and the relocation of the The intention was and continues to be that these school in question is dependent on the rate of defined districts facilitate the orderly planning of progress on the refurbishment project and, in school provision and accommodation needs. particular, the timing of its completion. This pro- Reviews of specific catchment boundaries may ject will be dealt with as a matter of priority. be carried out where appropriate. A number of reviews have been carried out over the years School Transport. where, for example, a new post-primary school is 518. Mr. Ring asked the Minister for Education established in an area where previously there was and Science if a person (details supplied) in none or, conversely, where a sole provider school County Mayo will be collected at a more suitable closes due to declining enrolment. The area pick up point with regard to their school transport development planning initiative, involving an service. [2904/06] extensive consultative process carried out by the Commission on School Accommodation, will also Minister for Education and Science (Ms inform future revisions to catchment areas. An Hanafin): Under the post-primary school trans- area development plan takes account of demo- port scheme, post-primary routes are, in general, graphic changes and projects future enrolments planned so that no eligible pupil will have more for existing schools and new schools if required. than 3.2 kilometres, 2 miles, to travel to a pick Catchment boundary changes will be made where up point. the implementation of the recommendations in On the basis of information outlined by the an area development plan requires such Deputy in the details supplied, the family con- adjustments. cerned appear to reside no more than 3.2 kilo- Catchment boundaries have provided and con- metres, 2 miles, from the present pick up point. tinue to provide a useful tool in facilitating the This arrangement is within the school transport orderly planning of school provision and accom- scheme guidelines. In view of the particular con- modation needs and the operation of the national cerns outlined, however, my Department will school transport service. request a report on the matter from the transport liaison officer for County Mayo. 516. Mr. F. McGrath asked the Minister for Education and Science the reason a person (details supplied) in Dublin 9 is being denied Physical Education Facilities. transport to take them to school; and if assistance 519. Mr. Hayes asked the Minister for Edu- will be given. [2884/06] cation and Science the position regarding an application for the provision of a sports hall at a Minister for Education and Science (Ms school (details supplied) in County Tipperary. Hanafin): My Department has recently sanc- [2905/06] tioned a transport service for the pupil referred to by the Deputy in the details supplied. Bus Minister for Education and Science (Ms E´ ireann, which organises the school transport Hanafin): The school planning section of my scheme on behalf of my Department, has been Department is in receipt of an application for a asked to make the necessary arrangements in this new physical education, PE, facility at the school regard. I understand transport may be required to which the Deputy refers. The application has to a different school from the end of February been assessed in accordance with the published next. On receipt of an application in this regard, prioritisation criteria for large scale projects. The the matter will be considered. project has been assigned a band four rating. Pro- gress on the proposed works is being considered School Accommodation. in the context of the school building and modern- isation programme from 2006 onwards. 517. Mr. Bruton asked the Minister for Edu- cation and Science if progress has been made in Schools Refurbishment. the discussions being held by her Department on the location of a school (details supplied) in the 520. Mr. McEntee asked the Minister for Edu- grounds of another school; if the school will be cation and Science when a refurbishment and able to move into its new premises in time for the extension programme for a school (details 1525 Questions— 31 January 2006. Written Answers 1526 supplied) in County Meath will be undertaken; years and upwards who have left school early and if she will make a statement on the with no qualifications or minimal qualifications. matter. [2914/06] These centres provide a programme of general education, vocational training, work experience Minister for Education and Science (Ms as well as guidance, counselling, psychological Hanafin): The building project for the school services and child care services. Approximately referred to by the Deputy is at an early stage of 10% of students at these centres are from the architectural planning. The school in question settled community. Travellers may chose from was listed in my announcement of April 2005 as mainstream literacy provision or they may attend a project to progress through architectural plan- Traveller specific literacy programmes, which 19 ning up to pre-tender stage, namely, up to and vocational education committees provide. including advanced architectural planning. I am currently awaiting the publication of a In order to bring this project to the required report that was prepared by my inspectorate. It stage, my Department’s officials have requested addresses the findings of a survey of Traveller and received various amendments to the stage education provision. The report is based on an three submission — detailed plans-costs — during extensive review of the participation and 2005. Most recently, my Department’s officials inclusion of Traveller pupils in 30 primary and wrote to the school authorities on 1 December six post-primary schools. The report will provide 2005 with some further queries and a response recommendations that will inform policies and has been received. This will be examined as soon provide strategies to facilitate schools in enhanc- as possible and my officials will then be in further ing the education provision for Travellers at a contact with the school authorities with regard to national level. the next steps involved in progressing this project. I expect to shortly receive a report on the Progression of projects to construction will be recommendations for a five year Traveller edu- considered in the context of the School Building cation strategy. This report spans the full spec- and Modernisation Programme 2006-09. trum of lifelong learning from pre-school to adult and further education. It also emphasises the Traveller Community. important role that Traveller parents have in their own education and that of their children. 521. Mr. Sargent asked the Minister for Edu- The report is in the final stages of preparation. cation and Science the current spend or allocation Inclusion is a core principle that has guided the to the various bodies dealing with the Travelling development of this report. community; the amount of the overall spend or It is important to note that, in 2002, the allocation in each of the years from 2000 to date Department published “Guidelines on Traveller in 2006 in funding all services, projects, schemes, Education in Primary Schools” and “Guidelines grants, loans and resources to the Travelling com- on Traveller Education in Second Level Schools”. munity; her views on whether the return on such These guidelines highlight the Department’s spending has been satisfactory; and her plans to policy on integration, give information on Travel- improve the effectiveness of such services. ler culture and provide advice on responding to [2917/06] the educational needs of the Traveller students. In May 2005, the National Council for Curricu- Minister for Education and Science (Ms lum and Assessment, NCCA, published Guide- Hanafin): The needs of the Traveller community lines on Intercultural Education in Primary are a high priority for me and my Department. Schools. This publication, along with the Guide- My Department provides additional resources to lines on Traveller Education in Primary and in enhance the education of Traveller children. In Second Level Schools, provides information and 2004-05, my Department spent over \56 million help to schools to increase their understanding of on Traveller education over and above what is diversity. The NCCA is due to publish guidelines being provided through mainstream education. on intercultural education for post-primary This expenditure makes special provision to schools this year. enable members of the Traveller community to The gender equality unit in my Department is successfully access educational services. supporting Pavee Point with a research project on In summary, this provision includes 45 pre- the development of appropriate mechanisms to schools for Travellers, over 500 resource teachers monitor education access, participation and out- for Travellers in primary schools, nearly 140 comes by gender for Travellers and the further whole-time equivalent posts for Travellers in education section is funding Pavee Point through post-primary schools, 40 visiting teachers for the education equality initiative for a project Travellers and enhanced capitation grants for entitled, Parents and Traveller Education. The Traveller pupils at primary and post-primary lev- National Office for Equity of Access to Higher els. In addition, there are 33 senior Traveller Education, established in 2003, aims to facilitate training centres located throughout the country increasing higher education participation by a that cater for the needs of Travellers aged 15 number of target groups, of which the Traveller 1527 Questions— 31 January 2006. Written Answers 1528
[Ms Hanafin.] Progression of projects to construction will be community is one. The actions outlined above considered in the context of the School Building aim to ensure that Travellers are not and Modernisation Programme 2006-09. disadvantaged or deprived of educational oppor- tunities. I am constantly evaluating the most Transition Year. appropriate ways of ensuring that Travellers ´ receive a quality education. 524. Mr. O Fearghaı´l asked the Minister for The total expenditure figures: 1999-2000 — Education and Science the number of students \39.56 million; 2000-01 — \41.07 million; 2001-02 availing of the option of taking a transition year — \44.29 million; 2002-03 — \47.1 million; 2003- in the years 2000 to 2005; and if she will make a 04 — \47.55 million; and 2004-05 — \56.27 statement on the matter. [2931/06] million. Minister for Education and Science (Ms Hanafin): I wish to advise the Deputy that the Third Level Enrolments. following number of students were enrolled in the 522. Mr. Hogan asked the Minister for Edu- transition year programme in the school years cation and Science the reason students are regis- 2000-01 to 2004-05: 2000-01 — 23,309 pupils; tering late for courses in higher education; and if 2001-02 — 22,835 pupils; 2002-03 — 23,362 pupils; she will make a statement on the matter. 2003-04 — 23,842 pupils; and 2004-05 — 24,844 [2927/06] pupils. Data on student enrolment for 2005-06, including the transition year programme, is not Minister for Education and Science (Ms yet available, as returns from schools are being Hanafin): The registration of students for courses processed by my Department. in higher education is the responsibility of indi- vidual third level institutions and I do not have a Special Educational Needs. function in this matter. 525. Mr. Penrose asked the Minister for Edu- Schools Building Projects. cation and Science the steps she will take to ensure that financial aid is given to a person 523. Mr. Hogan asked the Minister for Edu- (details supplied) in County Westmeath who cation and Science when the design team will be must attend a school for autistic children to appointed in respect of the construction of a undertake the AVA course, and without financial school (details supplied) in County Kilkenny; and assistance it will not be possible for this person to if she will make a statement on the matter. undertake the necessary course; and if she will [2930/06] make a statement on the matter. [2942/06]
Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The school referred to by the Deputy Hanafin): I take it that the Deputy is referring to was listed among the 43 schools that I announced the Saplings applied behavioural analysis, ABA, in March of 2005 to start architectural planning. facility in Mullingar, which is due to commence The brief is for a new 16 classroom school. Apart operation on 6 February 2006. My officials have from the civil-structural engineer, who my received information that indicates that the child Department hopes to have appointed in the near in question is currently on the waiting list for this future, all other design team members have been facility and is expected to be among its first appointed. The architectural service for this pro- pupil intake. ject is being dealt with in-house by the school My Department has approved significant fund- building section and substantial works on the ing to facilitate the employment of the necessary early stages of the design process have already staff and to finance the day to day administration been completed. and running costs of the facility. My Department The school authorities wrote to my Depart- has agreed to fund the following posts, namely, ment in December 2005 requesting amendments a director, a supervisor, one tutor for each child to the brief and this is currently being examined attending the facility and a floating tutor post. It by my officials. When this is completed, my is the responsibility of the management of the Department will be in further contact with the facility to recruit the necessary staff. school authorities as to the next step required to progress the project. It is not possible at this point Schools Amalgamation. to indicate when the architectural planning pro- cess will be completed. There are five stages in 526. Mr. McGuinness asked the Minister for this process and the timeframe for completing Education and Science the reason for the delay these stages is contingent on various factors, in sanction being given to schools (details including any unexpected issues that may arise, supplied) in County Kilkenny to amalgamate; the the period of time for the granting of planning reason a technical report on the site and buildings permission and obtaining a fire certificate, etc. has not been completed; if the technical report 1529 Questions— 31 January 2006. Written Answers 1530 will be expedited and thereafter the amalgama- with the published prioritisation criteria for large tion; and if she will make a statement on the scale projects and assigned a band two rating. matter. [2969/06] Progress on the proposed works is being con- sidered in the context of the school building and Minister for Education and Science (Ms modernisation programme from 2006 onwards. Hanafin): My Department was informed recently that the authorities of the schools to which the Special Educational Needs. Deputy refers have secured an agreement locally to amalgamate. I understand that this course of 529. Ms C. Murphy asked the Minister for Edu- action had previously been put on hold due to the cation and Science the number of court actions lack of such an agreement. Now that the pro- regarding the provision of school places for posed amalgamation is being supported by all students with special needs and the provision of concerned, the next step is for a technical assess- resources relating to students with special needs ment to be carried out on existing buildings to which her Department has been involved in dur- determine which, if any, would be suitable to act ing 2005; the number of these actions which pro- as a host for the new school. My Department will gressed to the hearing stage; the number of cases be in direct contact with the school authorities that resulted in the provision of the school places when it is in a position to schedule this or resources sought by the plaintiffs; the costs assessment. which were incurred by her Department in responding to these court actions; and if she will make a statement on the matter. [3172/06] Disadvantaged Status. 527. Mr. Deenihan asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if a school (details supplied) Hanafin): In 2005, there were 91 active legal cases in County Kerry will be designated as a involving provision for children with special edu- disadvantaged school; and if she will make a cational needs to which my Department was a statement on the matter. [3161/06] party. Of these, one case progressed to hearing and judgement was given in favour of the State. Minister for Education and Science (Ms In 2005, my Department spent a total of Hanafin): A key element of delivering equality of \1,285,751.89 on legal costs and settlements opportunity in schools, DEIS, the new action plan associated with court cases relating to educational for Educational Inclusion is the putting in place provision for children with special needs. These of a standardised system for identifying levels of figures do not include the costs of the State’s legal disadvantage in our primary and second level defence, which is borne by the Attorney schools for the purposes of qualifying for General’s office. I would stress, however, there resources, both human and financial, according to has been significant progress made over the past the degree of disadvantage experienced. This number of years in respect of increasing the standardised system will replace all of the existing number of teachers and other supports in our arrangements for targeting schools for partici- schools that are specifically dedicated to provid- pation in initiatives to address disadvantage. ing education for children with special edu- The identification process is currently being cational needs. finalised and we anticipate being in a position to At primary level there are approximately 5,000 issue an invitation to selected schools to partici- teachers in our schools working directly with chil- pate in a new integrated school support prog- dren with special needs, including those requiring ramme shortly. Existing schemes and prog- learning support. This compares to under 1,500 in rammes will be integrated into the school support 1998. Indeed, one out of every five primary programme on a phased basis over the implemen- school teachers is now working specifically with tation period. children with special needs. At second level, there are approximately 1,600 whole-time equivalent Schools Building Projects. resource teachers in place to support pupils with 528. Mr. Hogan asked the Minister for Edu- special educational needs. This compares to the cation and Science when facilities will be pro- approximately 200 teachers that were in place in vided for a school (details supplied) in County the 1997-98 school year for such pupils. Further- Kilkenny; and if she will make a statement on the more, there are approximately 6,300 whole-time matter. [3162/06] equivalent special needs assistants, SNAs, in our primary and second level schools supporting chil- Minister for Education and Science (Ms dren with special needs. Hanafin): The school planning section of my In addition to the issue of resources at school Department is in receipt of an application for a level, the National Council for Special Education new school building from the management auth- has been established. This council has approxi- ority of the school to which the Deputy refers. mately 100 staff, the great majority of whom are The application has been assessed in accordance special educational needs organisers, SENOs, 1531 Questions— 31 January 2006. Written Answers 1532
[Ms Hanafin.] changing facilities is a cause of concern for who are locally based throughout the country. parents with regard to child safety; and if she will The role of the SENOs is to ensure that all special make a statement on the matter. [3186/06] educational needs in their areas are addressed in an effective manner. In particular, the SENOs are Minister for Education and Science (Ms a focal point of contact for parents-guardians and Hanafin): An application for major capital grant schools, and process applications for resources for aid has been received from the school to which children with special educational needs. I am the Deputy refers. The application has been satisfied that the establishment of the council and assessed in accordance with the published prior- the work of the SENOs is transforming the deliv- itisation criteria for large scale building projects. ery of special educational services in this country. Progress on the project will be considered in the I am confident that, as a State, we have faced context of the school building and modernisation up to the issue of providing appropriate edu- programme from 2006 onwards. cational provision for all children with special needs and that much work has been done to School Inspections. ensure that the necessary resources and struc- tures are in place. I can confirm that I will con- 532. Mr. Kenny asked the Minister for Edu- tinue to prioritise the issue of special needs edu- cation and Science the number of inspections cation and, in co-operation with the National carried out in 2004 and 2005 by inspectors of Irish Council for Special Education, ensure that all for second level schools here; the locations where children with special needs are adequately such inspections took place; and if she will make resourced to enable them to meet their full a statement on the matter. [3190/06] potential. Minister for Education and Science (Ms Hanafin): A total of 133 inspections of Irish were Schools Building Projects. carried out in post-primary schools in 2004 and 530. Mr. Grealish asked the Minister for Edu- 2005. The locations by county are as follows: cation and Science the position regarding a new school (details supplied) in County Galway; when Number this project will proceed; and if she will make a statement on the matter. [3183/06] Carlow 5 Cavan 2 Minister for Education and Science (Ms Clare 4 Hanafin): The architectural service for this pro- ject is being dealt with in-house by the school Cork 12 building section and the project is currently at an Donegal 3 early stage of architectural planning. It is not pos- Dublin 34 sible at this point to indicate when the architec- Galway 7 tural planning process will be completed. There Kerry 11 are five stages in this process and the timeframe Kildare 3 for completing them is contingent on various Kilkenny 3 factors, including any unexpected issues that may arise, the period of time for the granting of plan- Laois 1 ning permission and obtaining a fire certificate, Limerick 4 etc. Louth 4 My Department’s officials are currently Mayo 3 awaiting the views of Galway County Council on Meath 5 planning issues that may arise, which my Depart- Monaghan 3 ment expects to have March 2006. Progression of projects to construction will be considered in the Offaly 2 context of the School Building and Modernis- Sligo 4 ation Programme 2006-09. Tipperary 4 Waterford 6 Physical Education Facilities. Westmeath 4 531. Ms C. Murphy asked the Minister for Edu- Wexford 7 cation and Science when the proposed extension Wicklow 2 to a swimming pool in the ownership of her Department (details supplied) in Dublin 15 will Many of these inspections were carried out in the be examined and approved; if her attention has context of an evaluation of Irish at junior cycle been drawn to the deficiencies in changing room level. It is intended that a composite report on facilities for families; if her attention has further the outcomes of the evaluation will be published been drawn to the fact that the lack of family towards the end of 2006. 1533 Questions— 31 January 2006. Written Answers 1534
533. Mr. Kenny asked the Minister for Edu- ment as members of syllabus committees for Irish cation and Science the role, remit and established by the National Council for Curricu- responsibilities of inspectors of Irish for second lum and Assessment. level schools appointed by her Department; the level of resources and facilities available to VEC Inquiry. inspectors to carry out their duties effectively; 535. Mr. P. Breen asked the Minister for Edu- and if she will make a statement on the cation and Science the cost the inquiry estab- matter. [3191/06] lished by her into the County Clare Vocational Educational Committee amounted to; the time- Minister for Education and Science (Ms frame she envisages for the publishing of the Hanafin): The role, remit and responsibilities of inquiry; if the inquiry findings will be made public inspectors of Irish for post-primary schools are in following same being made available to the accordance with Section 13(3) of the Education County Clare VEC and other interested parties; Act, 1998. Apart from the general functions out- and if she will make a statement on the lined in Section 13(3) which apply to all inspec- matter. [3220/06] tors, the responsibilities are further delineated in Section 13(3)(f) which states that inspectors Minister for Education and Science (Ms should evaluate the effectiveness of the teaching, Hanafin): The cost of the inquiry referred to by development, promotion and use of Irish in the Deputy was \23,208.67. schools and centres for education and report to The inquiry report has been forwarded within the Minister on those matters. the last week to a number of persons specifically An inspector of Irish also reviews decisions referred to in the report. In addition, the report referred to the Department concerning exemp- has been provided to County Clare VEC and I tion from the study of Irish, in special circum- have asked the VEC for its proposals in the light stances, for post-primary students. The central of the report’s findings, following which I will services unit of the Inspectorate ensures that all consider what action to take. inspectors are provided with the necessary Subsequent to this process, I will consider the resources and facilities to implement their work matter of wider circulation of the report. programmes effectively. School Accommodation. 534. Mr. Kenny asked the Minister for Edu- cation and Science the number of inspectors for 536. Mr. Timmins asked the Minister for Edu- Irish appointed by her Department to deal with cation and Science the deputations she has met second level schools here; the number of second from schools in Counties Wicklow and Carlow level schools by category here; the programme of seeking approval for additional school accommo- work and schedule of appointments that is cur- dation since 1 December 2005; the persons who rently being followed so as to enable inspectors were on these deputations; the persons who met to carry out their job effectively; and if she will with them; and if she will make a statement on make a statement on the matter. [3192/06] the matter. [3371/06]
Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): There are seven inspectors of Irish in Hanafin): Since 1 December 2005, I met depu- my Department. This includes an inspector who tations from both Blessington Community is currently on a career break and two inspectors College and Brittas Bay National School, County who are on secondment, one to the National Wicklow. Both Deputy Dick Roche, Minister for Council for Curriculum and Assessment and the the Environment, Heritage and Local Govern- other to An Chomhairle um Oideachas Gael- ment and Deputy Liz McManus also attended tachta agus Gaelscolaı´ochta. There are 736 post- these meetings. primary schools in the system in the current school year: 398 secondary, 248 vocational and 90 Waste Disposal. community and comprehensive schools. 537. Mr. Timmins asked the Minister for the Inspectors are deployed on a regional basis Environment, Heritage and Local Government with about 140-150 post-primary schools in each his plans to implement a scheme in supermarkets region. The inspectorate has an annual business whereby after paying for their goods customers plan which includes an annual inspection plan. can take them out of the cartons, containers or Each inspector of Irish contributes to the overall packaging and leave them in an area of the super- plan through a planned annual programme of market for the supermarket to dispose of; and if subject inspections of Irish and also through he will make a statement on the matter. inspections of Irish within whole school eval- [3169/06] uations. In addition, post-primary inspectors of Irish may participate in the annual evaluation of Minister for the Environment, Heritage and Cola´istı´ Samhraidh and in curriculum develop- Local Government (Mr. Roche): Ireland has 1535 Questions— 31 January 2006. Written Answers 1536
[Mr. Roche.] The regulations exempt major producers who enjoyed considerable success in recent years in are participating in the Repak scheme from hav- meeting targets for the recovery and recycling of ing to take-back packaging waste from con- packaging waste. Data from the Environmental sumers. This exemption is the main incentive to Protection Agency shows that the 25% target for join the collective scheme and thereby contribute 2001 set under Directive 94/62/EC on packaging to the funding of recycling activities. Removal of and packaging waste was achieved and also that, the exemption would be likely to undermine the with 56% recovery of packaging waste in 2004, scheme and, given that the existing regulatory Ireland has exceeded the 2005 recovery target of arrangements are achieving the desired result 50% set under the Directive. The comparable fig- concerning meeting the directive’s recovery and ure for 1998 was 14%. Under the Waste Manage- recycling targets, such a measure is not under ment (Packaging) Regulations 2003, as amended, consideration. all producers participating in the placing of pack- aging on the Irish market, must segregate the Local Authority Staff. packaging waste arising on their own premises into specified waste streams and have it collected 538. Mr. Kehoe asked the Minister for the for recycling by authorised recovery operators. Environment, Heritage and Local Government Major producers, those who have an annual turn- the staffing numbers for each of the local auth- over in excess of \1 million and who place more orities here; and the number of outdoor staff also than 25 tonnes of packaging on the Irish market, involved in each local authority. [3515/06] have additional responsibilities with regard to the recovery of packaging waste from their 550. Mr. Kehoe asked the Minister for the customers. Environment, Heritage and Local Government Major producers have the option of either com- the staffing numbers for each of the local auth- plying directly with their producer responsibility orities here; and the number of outdoor staff obligations, that is, self-compliance or alterna- involved in each local authority. [3176/06] tively, getting an exemption from those require- Minister for the Environment, Heritage and ments by becoming a member of a packaging Local Government (Mr. Roche): I propose to waste compliance scheme. Major producers, who answer Questions Nos. 538 and 550 together. opt to self-comply with the regulations, are I refer to the reply to Question No. 1518 of 25 required, inter alia, to accept from any person, January 2006. Detailed information in respect of free of charge, at each premises from which pack- the position at the end of 2005 is not yet available aging, packaging materials or packaged products in my Department. is supplied, packaging waste of a type or brand supplied by that major producer and adequate facilities must be provided by that major pro- Dog Breeding Establishments. ducer at each of the relevant premises for the 539. Dr. Upton asked the Minister for the acceptance, segregation and storage of such pack- Environment, Heritage and Local Government aging waste from customers. A further obligation his plans to introduce legislation to set standards on self-compliers includes the placement of a sign for the practise of puppy farming; if his attention at each entrance to each premises from which has been drawn to the concerns of many animal packaging, packaging materials or packaged welfare groups and organisations regarding this products is supplied, informing the public that practise; and if he will make a statement on the packaging waste of a type or brand supplied by matter. [3469/06] that major producer will be accepted free of charge at that premises for the purposes of 556. Dr. Upton asked the Minister for the recovery. Environment, Heritage and Local Government Repak Limited, established by Irish industry in when the regulations to regulate the management 1997 to promote, co-ordinate and finance the col- of dog breeding establishments will be published; lection and recovery of packaging waste with a when it is envisaged they will come into force; view to achieving Ireland’s packaging waste and if he will make a statement on the matter. recovery and recycling targets under the Packag- [3221/06] ing Waste Directive, is the sole approved com- pliance scheme for the recovery of packaging Minister for the Environment, Heritage and waste in Ireland. Repak membership income is Local Government (Mr. Roche): I propose to used to subsidise the collection of packaging answer Questions Nos. 539 and 556 together. waste from both the household and commercial The report of the working group established to sectors. In the household sector, subsidy is pro- review the management of dog breeding estab- vided towards the collection of packaging waste lishments was submitted to me on 7 September from bring banks and civic amenity recycling 2005. On 20 October 2005, I announced a public centres, as well as segregated kerbside collection consultation process on foot of the working of packaging waste from households. group’s report indicating that, in view of the 1537 Questions— 31 January 2006. Written Answers 1538 many divergent views on the issue, I wanted to Minister for the Environment, Heritage and canvass public opinion more widely before taking Local Government (Mr. Roche): In accordance final decisions on the matter. An advertisement with the EU water framework directive, the inviting submissions was placed in the national national water services pricing policy framework newspapers on Monday 24 October 2005. The provides for the recovery by sanitary authorities closing date for receipt of submissions was Friday of the cost of providing water services from the 16 December 2005. users of these services, with the exception of households using the services for domestic pur- The responses received are being examined in poses. The policy framework requires full recov- my Department at present and, as soon as this ery of the cost of providing water services to the exercise is completed, I will consider further the non-domestic sector by means of a meter based recommendations in the report of the working volumetric charge and the full metering of this group and will then make a decision as to the sector by December 2006. The framework does action to be taken. not provide for the exemption of any classes of non-domestic users from the charging policy. Local Authority Funding. Water and Sewerage Schemes. 541. Mr. O´ Fearghaı´l asked the Minister for the 540. Mr. Perry asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the increase in the local government fund to the directive which has been issued concerning Kildare local authorities in the years 1998-2006; charges for water meters in schools in view of the and if he will make a statement on the matter. fact that schools are part of the community struc- [2819/06] ture; his views on whether parents are already Minister for the Environment, Heritage and paying water charges for their own supply which Local Government (Mr. Roche): I assume that would mean that they are paying water charges the question refers to general purpose grants twice (details supplied); and if he will make a from the local government fund. The information statement on the matter. [2814/06] sought is set out in the following table:
Local Authority Kildare County Council Athy Town Council Naas Town Council
\\\ 1998 Allocation 9,263,953 272,745 487,803 1999 Allocation 10,719,067 331,301 514,542 2000 Allocation 11,810,017 353,764 547,152 2001 Allocation 13,893,975 397,985 615,545 2002 Allocation 15,303,344 425,786 826,340 2003 Allocation 16,541,890 503,912 968,554 2004 Allocation 19,507,617 608,994 1,152,089 2005 Allocation 21,799,170 651,493 1,297,736 2006 Allocation 23,893,115 714,073 1,422,392
542. Mr. O´ Fearghaı´l asked the Minister for the 543. Mr. O´ Fearghaı´l asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the amount of funding allocated to local auth- the amount of funding allocated to local auth- orities under the shared ownership scheme; and orities under the annuity loan scheme; and if he if he will make a statement on the matter. will make a statement on the matter. [2821/06] [2820/06] Minister of State at the Department of the Minister of State at the Department of the Environment, Heritage and Local Government Environment, Heritage and Local Government (Mr. N. Ahern): Local authorities have been (Mr. N. Ahern): A sum of \220 million in capital asked to submit their 2006 requirements under funding is available this year for allocation to the annuity loan scheme in the normal way. They local authorities under the shared ownership will be notified of their allocations, following an scheme. Local authorities have been requested to assessment of the returns, as soon possible. submit a forecast of their requirements under the ´ scheme and they will be advised of their allo- 544. Mr. O Fearghaı´l asked the Minister for the cation following an assessment of these returns, Environment, Heritage and Local Government in the normal way. the amount of funding allocated to local auth- orities under the subsidised sites scheme; and if 1539 Questions— 31 January 2006. Written Answers 1540
´ [Mr. O Fearghaı´l.] Traveller Community. he will make a statement on the matter. 546. Mr. Sargent asked the Minister for the [2822/06] Environment, Heritage and Local Government the current spend or allocation to the various Minister of State at the Department of the bodies dealing with the travelling community; the Environment, Heritage and Local Government amount of the overall spend or allocation in each (Mr. N. Ahern): The low-cost sites scheme allows of the years from 2000 to date in 2006 in funding local authorities to provide housing sites at all services, projects, schemes, grants, loans and reasonable cost to assist persons in housing need resources to the travelling community; his views to provide their own housing. As this is a demand on whether the return on such spending has been led scheme operated in the first instance by local satisfactory; and his plans to improve the effec- tiveness of such services. [2919/06] authorities, the Department does not make indi- vidual financial allocations to local authorities. Minister of State at the Department of the My Department is examining whether greater use Environment, Heritage and Local Government can be made of this scheme. In the review of local (Mr. N. Ahern): My Department provides both authorities’ five year action plans for social and capital and current funding to local authorities affordable housing to take place this year, the towards the provision and management of Trav- potential for further activity under the scheme eller specific accommodation in addition to fund- ing standard local authority accommodation in will be explored. Details of funding provided which Travellers are accommodated. Capital under this scheme to local authorities in 2005 are funding for Traveller specific accommodation is set out in the following table. provided to local authorities for the construction of new Traveller specific accommodation and the 2005 Local Authority Funding Provided refurbishment of existing Traveller specific accommodation. This funding recoups to local \ authorities the full cost of providing and refur- bishing group housing schemes and serviced halt- Carlow Town Council 1,023,504 ing sites; 50% of the costs associated with the pro- Donegal County Council 104,293 vision of caravans in emergency situations; the \ Kildare County Council 133,929 full cost of a special grant of 3,810 payable to Travellers for the first time purchase of a house Limerick County Council 278,228 and the special grant of 10% of the cost, up to a maximum of \640, to a Traveller family who are purchasing a caravan for the first time. National Homeless Strategy. Current funding arises in respect of the recoup- ´ ment to local authorities of a percentage of the 545. Mr. O Fearghaı´l asked the Minister for the costs of managing and maintaining halting sites as Environment, Heritage and Local Government well as 90% of the salaries and travelling the date for the completion of the review of the expenses of social workers employed by local national homeless strategy; and if he will make a authorities and voluntary bodies concerning the statement on the matter. [2823/06] accommodation of Travellers. Of this number, three are employed by voluntary bodies who Minister of State at the Department of the work with Travellers, Crosscare, Navan Travel- Environment, Heritage and Local Government lers Workshop, and Clarecare, and funding is also (Mr. N. Ahern): The independent review of the provided for the employment by the Irish Travel- implementation of the integrated and prevent- ler Movement of an accommodation officer. ative homeless strategies and their associated The level of capital and current funding to local action plans has been completed and will be pub- authorities in each of the years 2000 to 2005 by lished shortly. my Department is set out in the following table:
Year Expenditure Capital Expenditure Current Totals
\\\ 2000 15,119, 547 2,389,278 17,508,825 2001 23,699,661 3,966,545 27,666,206 2002 26,642,640 4,449,114 31,091,754 2003 28,950,000 4,922,752 33,872,752 2004 35,691,710 5,640,990 41,332,700 2005 37,000,000 5,514,832 42,514,832 1541 Questions— 31 January 2006. Written Answers 1542
Funding for 2006 will be published shortly in the council may authorise one or more of its Revised Estimates for Public Services 2006. members to attend a conference, seminar, train- During the course of the first local authority ing or other meeting or event held, whether Traveller accommodation programmes from 2000 within or outside the State, for the purpose of to 2004 there was a significant improvement in discussing, obtaining or imparting information the accommodation position of Travellers. Dur- regarding or connected with any matter that is of ing that time an additional 828 families were concern to the local authority regarding the per- accommodated in standard local authority accom- formance of its functions and is relevant to its modation. In the same period, 398 new units of administrative area and to the local community. permanent Traveller specific accommodation In addition, the legislation provides that any were provided and a further 322 units of perma- member who attends such an event should submit nent Traveller specific accommodation were a summary of the proceedings to the next ordi- refurbished to modern standards. This has nary meeting of the local authority. resulted in a reduction of over 50% in the It is a matter for each local authority to ensure number of families on unauthorised sites, down that it complies with these requirements. Material by 606 families from the high of 1,207 at the recently supplied by city and county councils to inception of the programme to 601. my Department indicates that most local auth- These improvements in the accommodation orities have established reporting arrangements position of Travellers are very welcome and it is consistent with the above requirements. expected that this level of progress will continue under the new Traveller accommodation prog- Local Authority Staff. rammes adopted by local authorities to cover the period 2005-08. A number of steps have been 548. Mr. M. Higgins asked the Minister for the taken by my Department to ensure that this hap- Environment, Heritage and Local Government pens. For the first time, local authorities were his views on the desirability of, and need for, required, when adopting their new programmes, autonomous local authority architects in general to specify annual targets for the provision of and, with specific reference to a letter received in accommodation for Travellers. These targets will his office in June 2005 and responded to on 28 be closely monitored and each local authority’s June 2005 regarding Galway city; his plans for the progress will be measured against them on an provision of a city architect in Galway. [3144/06] annual basis. On the current expenditure side, a study is cur- Minister for the Environment, Heritage and rently underway on the issues arising concerning Local Government (Mr. Roche): Each county the management and maintenance of Traveller and city manager is responsible for the staffing specific accommodation with a view to assisting and organisational arrangements necessary for local authorities to improve their activities in this carrying out the functions of the local authorities area. My Department and local authorities also for which he or she is responsible. There is no take an active part in the work of the high level application before my Department for a post of group on Travellers which, under the aegis of the city architect in Galway. Department of Justice Equality and Law Reform, is working to ensure that there is improved co- Social and Affordable Housing. ordination in the delivery of all services, including 549. Mr. G. Murphy asked the Minister for the accommodation, to Travellers. Environment, Heritage and Local Government if he will make a statement on the arrangements Local Authorities. made between his Department and the building 547. Mr. Morgan asked the Minister for the industry that allows both developers and builders Environment, Heritage and Local Government if profit on Part V agreements with local auth- an assessment has or will be carried out on the orities. [3175/06] extent to which section 142(5)(f) of the Local Government Act 2001, which states where a Minister of State at the Department of the member of an elected council attends a meeting Environment, Heritage and Local Government or event by virtue of an authorisation under this (Mr. N. Ahern): Section 96(3)(d) of the Planning section, he or she shall submit a summary of the and Development (Amendment) Act 2002 pro- proceedings to the next ordinary meeting of the vides that where houses or sites are to be trans- local authority, is being enforced. [2943/06] ferred to the planning authority the price of such houses or sites are determined on the basis of Minister for the Environment, Heritage and building and attributable development costs as Local Government (Mr. Roche): The Local agreed between the authority and the developer, Government Act 2001 provides that an elected including profit on the costs. 1543 Questions— 31 January 2006. Written Answers 1544
[Mr. N. Ahern.] their obligations under section 180 of the Plan- Following representations made by the Irish ning and Development Act 2000 regarding taking Home Builders Association, local authorities in charge of estates. The circular letter also were advised that “profit on costs” in section 96 clearly states that the existence of a management should, in addition to contractor’s profit, allow company to maintain elements of common build- for developer’s profit, the level of which can be ings and carry out landscaping must not impact up to 15% depending on a number of factors. upon the decision by the authority to take in Local authorities were also advised of the need charge roads and related infrastructure where a to ensure that any agreements entered into under request to do so is made. Each local authority has Part V, which includes agreement on the level of been directed to establish a policy addressing cer- profit, should constitute the best use of resources tain specified issues on the taking in charge of available to them for the delivery of social and housing estates to be agreed by the members of affordable housing. the authority, and reported on to those members on a regular basis and at least once annually. Question No. 550 answered with Question The circular letter also directed each local No. 538. authority to submit a report to my Department detailing how each local authority is performing Housing Management Companies. on taking in charge of estates. The report will 551. Ms C. Murphy asked the Minister for the contain information relating to the anticipated Environment, Heritage and Local Government if number of housing estates which will be taken in all local authorities will be requested to conduct charge this year and how many houses will be an audit of the extent of unfinished housing affected; the number of housing estates that have estates, including an assessment of the number of not yet been taken in charge whose planning per- new housing estates under construction that mission expired more than two and less than require monitoring; and if he will make a state- seven years ago; the number of housing estates ment on the matter. [3180/06] which are finished or unfinished in line with the relevant planning permission; the action being 554. Ms C. Murphy asked the Minister for the taken to resolve the issue of unfinished estates; Environment, Heritage and Local Government if whether the planning authority has a stated policy the review by local authorities on the issue of in regard to taking in charge of housing estates management companies has been completed; if and the average length of time it takes to take an so, if the results will be published; and if he will estate in charge. make a statement on the matter. [3184/06] With regard to management companies, most planning authorities have now responded to my Department’s request for a report on their poli- 559. Mr. J. Higgins asked the Minister for the cies regarding the attachment of conditions relat- Environment, Heritage and Local Government if, ing to management companies to planning per- in view of his and the Taoiseach’s statements in mission for various types of residential Da´il E´ ireann concerning the operation of man- developments. The position, so far, is that the agement companies in housing estates, all local majority of planning authorities do not attach authority managers have been instructed to conditions to planning permission requiring man- ensure that all services in public areas normally agement companies to be established in the case provided by local authorities are removed from of housing estates. A number do in specified cir- the remit of management companies. [3317/06] cumstances, such as where there is a shared waste water treatment plant between a number of 560. Mr. J. Higgins asked the Minister for the houses. Environment, Heritage and Local Government if As already stated, the recent circular issued by a report from each local authority manager in the my Department made clear that the existence of operation of management companies whose remit a management company does not remove the includes public services normally provided by planning authority’s statutory obligations, as set local authorities has been sought; and his views out in the 2000 Act, regarding taking an estate on what he has found to be the practice in charge. I am considering whether any further nationally. [3318/06] guidance should issue to planning authorities regarding planning conditions regarding manage- Minister for the Environment, Heritage and ment companies. Local Government (Mr. Roche): I propose to take Questions Nos. 551, 554, 559 and 560 together. Consultancy Contracts. My Department issued circular letter PD 1/06 552. Mr. Grealish asked the Minister for the on 25 January 2006 reminding local authorities of Environment, Heritage and Local Government if 1545 Questions— 31 January 2006. Written Answers 1546 the date he appointed a company (details Question No. 554 answered with Question supplied) to develop and improve a new house No. 551. price statistics system will be extended; the posi- tion regarding the implantation of the system; Local Authority Funding. and if he will make a statement on the matter. [3181/06] 555. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government Minister of State at the Department of the when he expects to publish the Indicon report on Environment, Heritage and Local Government local government funding; and if he will make a (Mr. N. Ahern): The system concerned has been statement on the matter. [3187/06] developed and is being maintained under a renewable contract with one of the companies Minister for the Environment, Heritage and named. My Department does not have direct con- Local Government (Mr. Roche): I expect to pub- tract with the other company in respect of this lish this report shortly. project. The software system is operational and is being used to collect data from some financial Question No. 556 answered with Question institutions. We are already receiving details in No. 539. respect of approximately 25,000 mortgages, between applications and loans drawn down, Fire Stations. each month. 557. Mr. Ring asked the Minister for the Envir- My Department is analysing the data that is onment, Heritage and Local Government further being supplied. It is not envisaged publishing a to the tender date for a project (details supplied) new house price index until further data from all in County Mayo being passed, when the building financial institutions is available to support new phase will commence. [3298/06] price indices. However, this system has also been developed to provide analysis and trends on Minister of State at the Department of the buyer profiles. The results from the data collected through this house price statistical system will be Environment, Heritage and Local Government published in the Department’s annual housing (Mr. B. O’Keeffe): As indicated in the reply to bulletin, which is due for release in the middle Question No. 438 of 15 December 2005, my of 2006. Department is awaiting the submission by Mayo County Council of proposals for the acceptance Legislative Programme. of a tender for the provision of a new fire station at Westport. Until the tender process has been 553. Ms C. Murphy asked the Minister for the completed, it will not be possible to indicate when Environment, Heritage and Local Government construction will commence. when he intends to bring into force the section of the Local Government Act 2000 that will enable Legislative Programme. the establishment of new town councils; and if he will make a statement on the matter. [3182/06] 558. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and legislation is either pending or in force which Local Government (Mr. Roche): Part 17 of the addresses the issue of light pollution; and if he Local Government Act 2001 provides that quali- will make a statement on the matter. [3313/06] fied electors of a town having a population of at least 7,500 as ascertained at the last preceding Minister for the Environment, Heritage and census and not having a town council may make Local Government (Mr. Roche): No environmen- a proposal for the establishment of such a council. tal legislation is pending or in force, at either EU Under the relevant provisions of the Act, a pro- or national level, on light pollution. posal to establish a town council, and the timing of any such proposal, is a matter for the local Questions Nos. 559 and 560 answered with community in the first instance, with a decision Question No. 551. on such a proposal being a reserved function of the relevant county council, following a public National Parks. consultation process. I am considering the steps necessary to commence the relevant provisions of 561. Mr. Kenny asked the Minister for the the 2001 Act and I have initiated consultation Environment, Heritage and Local Government if with local government interests in regard to the Lough Veagh in County Donegal has been closed creation of new town councils and their prospec- to game anglers; and if he will make a statement tive functional responsibilities under the Act. on the matter. [3366/06] 1547 Questions— 31 January 2006. Written Answers 1548
Minister for the Environment, Heritage and the arrangements which operated in past years Local Government (Mr. Roche): Lough Veagh is fall short of recognised best practice. part of Glenveagh National Park, which is man- aged by the National Parks and Wildlife Service, Game fishing in national parks must be com- NPWS, of my Department. The NPWS has for patible with the wider nature conservation and some time made available two boats on Lough management requirements of these parks. The Veagh for renting to local anglers during the recommendations of the safety report are being period from mid-July to end-September. A safety considered by my Department and any necessary report on this arrangement was commissioned by decision will be taken well in advance of the com- an independent expert. The report concluded that mencement of the next season in mid-July.